1 2025:CGHC:44116 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 381 of 2021 1 - Dileshwari Sahu W/o Late Resham Lal Sahu, Aged About 24 Years R/o Ward No. 2, Chatipali, Police Station - Dabhra, Tehsil - Dabhra, District - Janjgir - Champa (C.G.) Present Address Navapara, Seepat, Police Station Seepat, Tehsil And District Bilaspur Chhattisgarh. 2 - Lakshya Sahu S/o Late Resham Lal Sahu, Aged 2 Months Minor, Represented Through Natural Guardian Mother Dileshwari Sahu, W/o Late Resham Lal Sahu, Aged 24 Years, R/o Ward No. 2, Chatipali, Police Station - Dabhra, Tehsil - Dabhra, District - Janjgir - Champa (C.G.) Present Address Navapara, Seepat, Police Station Seepat, Tehsil And District Bilaspur Chhattisgarh. 3 - Sukhiram Sahu S/o Gayaram Sahu, Aged About 60 Years R/o Ward No. 2, Chatipali, Police Station - Dabhra, Tehsil - Dabhra, District - Janjgir - Champa (C.G.) Present Address Navapara, Seepat, Police Station Seepat, Tehsil And District Bilaspur Chhattisgarh. 4 - Dhaneshwari Sahu, W/o Sukhiram Sahu, Aged About 45 Years R/o Ward No. 2, Chatipali, Police Station - Dabhra, Tehsil - Dabhra, District - Janjgir - Champa (C.G.) Present Address Navapara, Seepat, Police Station Seepat, Tehsil And District Bilaspur Chhattisgarh. ... Appellant (s) versus 2 1 - Hemant Kumar Saitode, S/o Arathram Saitode Aged About 38 Years R/o Kusumjhar, Police Station Dabhra, District - Janjgir - Champa Chhattisgarh. (Vehicle Bolero No. C G 13 A C 2575) Driver 2 - Ramballabh Jaiswal, S/o Sukhdev Singh, R/o House No. 129, Dabhra Navapara, Dabhra, District - Janjgir - Champa Chhattisgarh. (Vehicle Bolero No. C G 13 A C 2575) 3 - The New India Insurance Company Ltd., Branch Office, Rama Trade Center, 1st Opposite Rajiv Plaza, Old Bus Stand Road, Bilaspur, Tehsil And District - Bilaspur Chhattisgarh. (Insurer) ... Respondent(s) For Appellant (s) : Ms. Shrishti Upadhyaya, Advocate For Respondent No.3 : Shri Pankaj Agrawal, Advocate ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 29/08/2025 This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘M.V.Act’) has been filed challenging the award dated 18/01/2021 passed in MACT No.330/2019 by the Motor Accident Claims Tribunal, Bilaspur, District–Bilaspur (CG) (for short ‘Tribunal’). By the impugned award, against a claim of Rs.49,80,000/-, learned Tribunal has awarded compensation of Rs.15,55,120/- in favour of the appellants / claimants. 2. The claim application under Section 166 of the MV Act has been filed on account of death of Reshamlal Sahu in an accident that occurred on 13/02/2019 by rash and negligent driving of the offending vehicle (Trailor) bearing registration No.CG 13 AC 2575 by respondent No.1, owned by respondent No.2 and insured with respondent No.3. As per pleadings of the claim application, the deceased was aged about 25 years and working in a power plant and was earning Rs.15,000/- per month. Therefore, the aforestated compensation was claimed. 3 3. The respondents 1 and 2 did not file and remained ex-parte. The insurance company except admitted facts denied averments in the claim application and took a plea that there is violation of the terms and conditions of the Motor Vehicle Act and the driver was not having valid and effective driving license. 4. On the basis of above pleadings, learned Claims Tribunal framed issues and decided the same in favour of the appellants / claimants and awarded the abovestated compensation. 5. Learned counsel for the appellant submits that the monthly income of the deceased has wrongly been assessed. Apart from this, consortium ought to have been awarded. 6. Despite service none appeared on behalf of the owner and driver of the offending vehicle. 7. Learned counsel for the respondent No.3 submits that just compensation has been awarded however, he submits that there is an order of pay and recover. 8. Taking into consideration the submission made, minimum wages, nature of job and considering that the deceased left behind his young widow aged 24 years,a minor son of about 2 months and also parents, this Court assess the monthly income of the deceased to Rs.10,000/- and taking guidance from the judgments of the Hon’ble Supreme Court in the case of Sarla Verma and ors. v. Delhi Transport Corporation and ors., (2009) 6 SCC 121, National Insurance Co. Ltd. v. Pranay Sethi and ors, (2017) 16 SCC 680 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and ors., (2018) 18 SCC 130 propose to recompute the compensation in the following manner - 1. Monthly income Rs.10000/- 2. Future prospects 40% (10000 + 4000) Rs.14000/- 3. Yearly income (14000x12) Rs.168000/- 4 4. 1/4 deduction for personal expenses (168000/4) Rs.42000/- 5. Multiplier of 17 (126000 X 17) (168000-42000 =126000) Rs.2142000/- 6. Funeral expenses + Loss of estate+spousal consortium +Rs.70000/- 7. Filial Consortium +Rs.120000/- Total Compensation =Rs.2332000/- 9. The learned Tribunal has awarded Rs.15,55,120/- which is deducted from the total compensation now awarded and the enhanced compensation comes to Rs.7,76,880/-. Looking to the facts and circumstances of the case, interest @ 6% is also awarded on the enhanced amount of compensation from the date of filing of appeal i.e. 14/07/2021 to be deposited by the insurance company within a period of 60 days.After the amount of compensation is deposited by respondent No.3/insurance company, Rs.1 lakh each be invested as fixed deposit in the name of appellant No.3 and appellant No.4 in a nationalised bank for two years. Rs.3 lakhs be invested in the name of appellant No.2 till he attains majority. Rs.2 lakhs be invested in the name of appellant No.1 in a nationalised bank for two years. Remaining amount shall be paid to Appellant No.1 through Bank transaction/account payee cheque. Order with regard to pay and recover is maintained. 10. The appeal thus allowed in part. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.09.02 17:35:31 +0530