1 2025:CGHC:43395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 454 of 2021 1 - Smt. Aarati Tekam Wd/o Late Sunil Kumar Aged About 22 Years R/o Village Dumarkachhar Tahsil And P.S. Pali, District- Korba Chhattisgarh 2 - John S/o Late Sunil Kumar, Aged About 8 Months, Through Next Friend And Natural Guardian Smt. Aarati Tekam (Mother),R/o Village Dumarkachhar Tahsil And P.S. Pali, District- Korba Chhattisgarh 3 - Indrotin Tekam, W/o Shaniram, Aged About 43 Years, R/o Village Dumarkachhar Tahsil And P.S. Pali, District- Korba Chhattisgarh 4 - Shaniram S/o Dayaram Aged About 50 Years R/o Village Dumarkachhar Tahsil And P.S. Pali, District- Korba Chhattisgarh ... Appellants versus 1 - Ranjeet Kumar S/o Rampratap Aged About 25 Years R/o Gobardaha P.S. Chunar District Mirzapur (U.P.). (Driver Of Vehicle), District : Mirzapur, Uttar Pradesh 2 - Baijnath Manjhi S/o Bhuneshwar Ram Manjhi R/o Muktipara Near Shivmandir Ambikapur District Surguja Chhattisgarh (Owner Of Vehicle)., District : Surguja (Ambikapur), Chhattisgarh 3 - The Oriental Insurance Co. Ltd. Through Branch Manager Branch Office Geetanjali Complex Old Bus Stand Korba District Korba Chhattisgarh. (Insurance Co.)., District : Korba, Chhattisgarh --- Respondents _____________________________________________________________ For Appellants : Mr. Anand Kumar Gupta, Advocate For Respondent No. 3 : Mr. Anil Gulati, Advocate ____________________________________________________________ Hon'ble Shri Justice Sachin Singh Rajput Judgment on Board 26.08.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short MV Act) has been filed by the appellants/claimants, being Digitally signed by AMIT PATEL 2 aggrieved by the award dated 17.03.2021 passed by the learned Second Additional Motor Accident Claims Tribunal, Katghora, District- Korba (C.G.) in Claim Case No. 78/2019. 2. By the impugned award, the learned Tribunal has awarded compensation of Rs. 17,87,312/- to the appellants/claimants, on account of the death of the deceased/Sunil Kumar in an accident that took place on 17.04.2019, while the deceased was going to Pali from Katghora by motorcycle with his friend, when he reached near the Village- Rajkamma, the offending vehicle/truck Bearing Registration No. CG-15-DG-5501 driven by respondent No. 1/Ranjeet Kumar in a rash and negligent manner and dashed to the deceased, therefore, he sustained grievous injuries on the various part of the body and died. The matter was reported to the concerned police station against respondent No.1/driver for offence under Section 304-A of IPC. 3. It was pleaded that at the time of accident, the deceased Sunil Kumar was 25 years of age, he was having a computer shop, from which he used to earn Rs. 18,000 per month. The claimants were totally dependent upon the earning of the deceased as he was the sole bread winner of the family as such, they claimed a total sum of Rs. 41,60,000/- with interest as compensation under various heads. 4. Respondent No. 1 & 2/Driver and owner did not filed their written statements. Respondent No.3/Insurance company has filed his written statement, denied the averments of the claim application and pleaded that the driver of the offending vehicle did not have valid and effective driving licence and there is a violation of terms and conditions of insurance policy. 5. Based on the pleadings of the respective parties, the learned Tribunal after appreciation of oral and documentary evidence on record passed 3 the impugned award as mentioned above. Hence, this appeal by the claimants for enhancement 6. Learned counsel for the appellants/claimants submits that the Tribunal has awarded a meager amount as compensation to the claimants. The learned Tribunal while awarding compensation has wrongly assessed the income of the deceased as notional income of Rs. 8,320/- per month whereas there was evidence and also pleading to the effect that the deceased was earning Rs. 18,000/- per month ought to have been assessed by the learned Tribunal. Learned counsel also submits that the learned Tribunal has awarded less compensation under the other heads. Thus, the appeal may be allowed enhancing the compensation suitably. 7. On the other hand, learned counsel for the respondent No. 3 supporting the award impugned submits that the learned Tribunal minutely appreciated the oral and documentary evidence. The impugned award passed by the learned Tribunal is just and proper according to the guidelines of Hon’ble Apex Court, which does not call for any interference. The appeal being without any merit is liable to be dismissed. 8. I have heard learned counsel for the parties and perused the material available on record. 9. Considering the evidence available on record; number of dependents i.e., old aged parents, young widow postpartum wife and 08 month neonate; age of the deceased; date of accident; nature of job as he was having a computer shop from which he used to financially meet ends of his family and it is not disputed that he was sole bread winner of his family & looking to the minimum wages prevailing at that time, this Court is of the view that Rs. 10,000/- can be safely taken as income of the deceased. 4 10. In light of the above and taking guidance from the judgment of Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi and others; (2017) 16 SCC 680, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors; (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors; (2018) 18 SCC 130, this Court is recomputing the compensation as below:- S. No. Particular Awarded by this Court (Rs.) 01. Monthly Income of the deceased 10,000/- 02. Future Prospects @ 40% 4,000/- 03. Total Income 14,000/- 04. Total Yearly Income 14,000X12= 1,68,000/- 05. Personal expenditure (1/4) 1,68,000/4= 42,000/- 06. Net Income 1,68,000-42,000= 1,26,000/- 07. Multiplier of 18 applied to assess total loss of dependency 1,26,000x18=22,68,000/- 08. Funeral Expenses 15,000/- 09. Loss of estate 15,000/- 10. Loss of Spousal, filial and parental Consortium 1,60,000/- (40,000 each A1 to A4) Total compensation 24,58,000/- 11. On the basis of aforesaid discussion, the claimant/appellants are held entitled for a total compensation of Rs. Rs. 24,58,000/-. Since, the Claims Tribunal has already awarded Rs. 17,87,312/-, after deducting the said amount, the claimants/appellants are entitled for enhanced amount of Rs.6,70,688/-. This additional amount of compensation shall carry interest @ 6% p.a. from the date of appeal dated 17.02.2021 to 5 be deposited by respondent No.3/Insurance Company within a period of 60 days. On deposit being made, Rs. 75,000/- each shall be disbursed to appellant Nos. 3 and 4 through bank transaction/ account payee cheque. Rs. 2,00,000/- be invested as fixed deposit in the name of appellant No. 2 in a nationalized bank which would be renewable and would be payable on attaining the age of majority and Rs. 2,00,000/- be invested as fixed deposit in the name of appellant No. 1 in a nationalized bank for two years. Remaining enhancement amount shall be disbursed to appellant No. 1 through the bank transaction/account payee cheque. 12. Appeal is partly allowed with modification in the impugned award to the extent as indicated herein above Sd/- (Sachin Singh Rajput) Judge AMIT PATEL