1 2025:CGHC:45460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1174 of 2024 1 - Pratima Munna W/o Late Kashyap Munna Aged About 24 Years R/o Permanent Address Village Rupapali, P.O. - Bhanwarpur, P.S. - Basna, District - Mahasamund (Chhattisgarh) Present Address - Kosthapara, Agrang, P.S. - Arang, Dist. Raipur (Chhattisgarh) 2 - Anurag Munna S/o Kashyap Munna Aged About 4 Years Minor Through Their Legal Guardian / Mother Appellant No. 1 Smt. Pratima Munna R/o Permanent Address Village Rupapali, P.O. - Bhanwarpur, P.S. - Basna, District - Mahasamund (Chhattisgarh) Present Address - Kosthapara, Agrang, P.S. - Arang, Dist. Raipur (Chhattisgarh) 3 - Anubhav Munna S/o Kashyap Munna Aged About 1 Years Minor Through Their Legal Guardian / Mother Appellant No. 1 Smt. Pratima Munna, R/o Permanent Address Village Rupapali, P.O. - Bhanwarpur, P.S. - Basna, District - Mahasamund (Chhattisgarh) Present Address - Kosthapara, Agrang, P.S. - Arang, Dist. Raipur (Chhattisgarh) ... Appellants versus 1 - Brijmohan Nayak S/o Santla Nayak R/o Bijrabhatha, Chowki - Bhanwarpur, P.S. - Basna, District Mahasamund (Chhattisgarh) (Driver Of Vehicle Tractor No. C.G. - 15 - D.F. 1028, Trolley No. C.G. 06-G.F. – 9022) 2 - Ramlal Nayak S/o Chandar Singh Nayak R/o Devri, District - Balodabazar - Bhatapara (Chhattisgarh) (Owner Of Tractor No. C.G. - 15 - Df – 1028) 3 - Nilamber Patel S/o Suklal Patel R/o Village - Chhirrarleva, P.S. - Saraipali, District - Mahasamund (Chhattisgarh) Owner Of Trolley No. C.G. - 06 - Gf- 9022) 4 - Cholamandalam M.S. General Insurance Company Ltd. Through - In Charge Officer, Cholamandalam M.S. General Insurance Company Ltd. Address - Railway Over Bridge Pandari, Raipur, District Raipur (Chhattisgarh) (Insurer Of Tractor No. C.G.- 15 - Df - 1028) ... Respondent(s) 2 For Appellants : Mr. Rakesh Kumar Thakur, Advocate For Respondent Nos. 1 to 3 : Mr. Anil Gulati, Advocate For Respondent No. 4 : Mr. Prashant Sahu on behalf of Mr. Sangeet Kumar Kushwarha, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board 04/09/2025 This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (for short MV Act) challenging the award dated 16.02.2024 passed in Claim Case No. 31/2020 by the XIV Additional Motor Accident Claim Tribunal, Raipur, District Raipur, CG. By the impugned award, against a claim of Rs. 21,90,000/-, the learned Tribunal has awarded compensation of Rs. 15,62,760/- on account of death of deceased Kashyap Munna in an accident that took place on 22.09.2019 by rash and negligent driving of the offending vehicle i.e. tractor bearing registration No. CG 15/DF-1028 and Trolly No. CG 06/GF-9022 driven by the respondent No. 1 / driver, owned by respondent Nos. 2 & 3 / owner and insured with the respondent No. 4 / insurance company. 2. As per the pleadings of the claim application, the deceased was aged about 18 years and was earning Rs. 14,000/- and was working as a mason. 3. The respondent Nos. 1 to 3 / driver and owner remained ex-parte and did not file any written statement. 3. The claim application was resisted by the respondent No. 4 on various grounds and the learned Tribunal framed issues on the basis of the pleadings and decided the same in favour of the appellants / claimants. 4. Learned counsel for the appellants / claimants submits that the income of the deceased has been taken on the lower side and compensation on all other heads is also on the lower side. In support of above contention, reliance has been placed on the decisions of the Hon'ble Supreme Court in the matters of Smt. Sarla Verma and 3 others VS. Delhi Transport Corporation and another reported in (2009) 6 SCC 121, National Insurance Co. Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680. 5. Learned counsel for the respondents supports the award and submits that just compensation has been awarded hence no interference is warranted. 6. Heard the learned counsel for the parties, considered their rival submissions and perused the record. 7. Considering that the deceased Kashyap Munna on the date of accident was aged about 35 years, keeping in view the nature of his job, evidence available on record, number of dependents and minimum wages prevailing, this Court holds the monthly income of the deceased to Rs. 10,000/- per month. In light of the judgments of the Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi (supra); Sarla Verma & Ors. (supra) and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors; (2018) 18 SCC 130, this Court is computing the compensation as below:- S. No. Description Amount 1. Monthly income 10,000/- 2. 40% Future prospect 4,000/- 3. Total Monthly Income (10000+4000) 14,000/- 4. Total Yearly Income (14000x12) 1,68,000/- 5. 1/3 Deduction for personal expenses of deceased 56,000/- 6. Net income 51,12,000/- 7. Multiplier of 16 applied to assess total loss of dependency 17,92,000/- 8. Funeral Expenses 15000/- 9. Loss of estate 15000/- 10. Spousal consortium 40,000/- 10. Parental consortium 80,000/- Total compensation 19,42,000/- 8. For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs. 15,62,760/- awarded by learned tribunal is enhanced to Rs. 19,42,000/-. Hence, after deducting the amount of Rs. 15,62,760/-, the claimants are held entitled for an additional amount of Rs. 3,79,240/-. The additional amount 4 shall carry interest @ 6% per annum from the date of claim application. The impugned award stands modified to the above extent. 9. The Insurance Company is directed to deposit the enhanced amount of compensation within 60 days. After deposit 1,50,000 (each) shall be invested as fixed deposit in a nationalized bank till attaining majority in the name of appellant Nos. 2 & 3 and remaining amount shall be paid to appellant No. 1 through bank transaction/account payee cheque. 10. No cost. Sd/- (Sachin Singh Rajput) JUDGE Pawan