1 2025:CGHC:19723 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1177 of 2019 1. Smt. Rameshwari Yadav W/o Late Rajesh Yadav, Aged About 27 Years, R/o Village And Post Nandini Khundani, Police Station Nandani, Tahsil Dhamdh, District Durg Chhattisgarh. 2. Ku. Lakshyadeep Yadav S/o Late Rakesh Yadav, Aged About 5 Years Minor Represented Through Mother Smt. Rameshwary Yadav Appellant No. 1, R/o Village And Post Nandini Khundani, Police Station Nandani, Tahsil Dhamdh, District Durg Chhattisgarh. 3. Raunak Yadav S/o Late Rakesh Yadav, Aged About 3 Years Minor Represented Through Mother Smt. Rameshwary Yadav Appellant No. 1, R/o Village And Post Nandini Khundani, Police Station Nandani, Tahsil Dhamdh, District Durg Chhattisgarh. 4. Rajkumar Yadav S/o Late Ramadhin Yadav, Aged About 49 Years, R/o Village And Post Nandini Khundani, Police Station Nandani, Tahsil Dhamdh, District Durg Chhattisgarh. 5. Smt. Nirmala Bai W/o Rajkumar Yadav, Aged About 47 Years, R/o Village And Post Nandini Khundani, Police Station Nandani, Tahsil Dhamdh, District Durg Chhattisgarh. ... Appellants/Claimants versus 1. Rupram Sahu S/o Late Ramadhar Sahu, Aged about 26 years, R/o Village And Post Nandini Khundani, Police Station Nandani, Tahsil Dhamdh, District Durg Chhattisgarh (Driver). SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.05.02 15:51:34 +0530 2 2. Dular Singh Gond S/o Fakira, R/o Village And Post Sahaspur, Tahsil Saja, District Bemetara Chhattisgarh (Registered Owner). 3. Natraj Patel S/o Keval Patel, Aged About 34 Years, R/o Village Sonesar, Police Station And Tahsil Dhamdha, District Durg Chhattisgarh (Unrigistered Owner). 4. Manager United India Insurance Company Limited, Address - Paras Complex, In Front Of State Bank, Near Gurudwara, Station Road, Durg, Police Station Mohan Nagar, Distgrict Durg Chhattisgarh. ... Respondents For Appellants/Claimants : Mr. Sundar Lal Sahu, Advocate on behalf of Mr. R.K. Gomasta, Advocate. For Respondents No.1, 2 & 3 : Mr. Animesh Pathak, Advocate on behalf of Mr. Amrito Das, Advocate. For other Respondent No. 4 : Mr. Abhishek Mishra, Advocate on behalf of Mr. B.N. Nande, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (30.04.2025) 1. This appeal arises out of the impugned award dated 06.02.2019 passed by the First Additional Motor Accident Claims Tribunal to the Second Additional Motor Accident Claims Tribunal, Durg, District-Durg (C.G.) in Claim Case No. 239/2018 awarding a compensation of Rs. 15,32,843/-with interest @ 7% per annum, in favour of the appellants/claimants for their irreparable loss. 2. The averment in the claim petition, in brief, is that on 29.09.2017 at about 7.45 pm, when Rakesh Yadav (now deceased) along with Tekram Patel (pillion rider) was traveling from Haradi to Nandni Khudni in his motorcycle and when they reached near Nandini canal, respondent No. 1 namely Rupram 3 Sahu was driving the offending vehicle (Tata DI) bearing registration No. CG-07-CA-1261 in a rash and negligently manner coming from the opposite side and dashed in the motorcycle of Rakesh Yadav, due to which Rakesh Yadav (deceased) suffered grievous injuries and died on spot. After that, a report was lodged based on the above stated offence. It is stated that on the date of the incident, the age of the deceased was 28 years who was working as a labourer and was earning Rs. 9,750/- per month from his work. Due to the casual death of the husband, father and son of the appellants/claimants, there is an irreparable loss to the appellants. Therefore, the appellants preferred an application to claim a total compensation of Rs. 24,11,300/- for their irreparable loss. 3. The learned Claims Tribunal based on the pleadings of the parties, framed issues and, after appreciation of evidence and material available on record, the income of the deceased was taken as Rs.6,829/- per month. Further, the age of the deceased was considered as 27 years at the time of the accident and applied 40% future prospects to the income of the deceased. Learned Tribunal found that claimants are wife, children and parents (Total No. 5), so deduction towards personal and caring expenses would be 1/4, and after applying a multiplier of 17, the total loss of dependency works out to Rs. 14,62,843/- and Rs.70,000/- has been awarding on other heads. Thus, total compensation of Rs. 15,32,843/- with interest @ 7% per annum, in favour of the appellants/claimants. 4. Learned counsel for the appellants/claimants submits that the claimants have pleaded the income of the deceased as Rs.9,750/- per month but the learned Claims Tribunal has only assessed notional income as Rs. 6,829/- per month which is on the lower side. Learned counsel for appellants also submits that the Tribunal has awarded lesser compensation under other heads which also needs to be enhanced suitably. Therefore, this appeal may be allowed. 4 5. On the other hand, it has argued on behalf of the counsel for the respondents that in the facts and circumstances of case, the compensation awarded by the Learned Claims Tribunal is just and proper and requires no further enhancement. 6. Heard counsel for the parties and perused the documents available on record. 7. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 8. Now this Court shall examine as to whether the compensation of Rs.15,32,843/- awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 9. As regards income of the deceased, keeping in mind the wage structure prevailing on the date of accident, price index and cost of living etc., I find it appropriate to take income of deceased as Rs. 7,930/- per month. The annual income of the deceased comes to Rs. 95,160/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680, considering the age of the deceased as 27 years, after adding 40% towards future prospects i.e. Rs. 38,064/-, as has rightly held by the tribunal, the annual income of the deceased comes to Rs. 1,33,224/-. 10. The deceased was married and the claimants are the wife, children and parents (Total No.5) of the deceased so deduction towards personal and caring expenses would be 1/4 i.e., 33,306/-, as has rightly held by the Tribunal, the annual dependency comes to Rs. 99,918/-. In view of judgment of the Hon’ble Supreme Court in Sarla Verma (Smt.) and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 and National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 considering the age of the deceased, after applying multiplier of 17, as has rightly held by the Claims Tribunal, the total loss of dependency 5 works out to Rs. 16,98,606/-. The claimants are further entitled for loss of estate Rs. 15,000/-, for funeral expenses Rs. 15,000/- and as per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the claimants are further entitled for loss of love and affection Rs. 40,000/- each i.e. Rs.2,00,000/-. Therefore, the claimants would become entitled for total compensation of Rs. 19,28,606/-. Thus, the claimants are entitled for compensation in the following manner:- S.No. Heads Calculation 01 Compensation towards dependency Rs. 16,98,606/- 02 Towards loss of estate Rs. 15,000/- 03 Towards Love and affection to all the five claimants @ Rs. 40,000/- Rs. 2,00,000/- 04 Funeral Expenses Rs. 15,000/- Total compensation Awarded Rs. 19,28,606/- 11. Thus, the total compensation is recomputed as Rs. 19,28,606/-. After deducting Rs. 15,32,843/- as awarded by the tribunal, the enhancement would be Rs. 3,95,763/-. The enhanced amount will carry interest @ 6% per annum from the date of enhancement of the award till its realization. 12. Accordingly, the appeal of the appellants is partly allowed to the extent indicated hereinabove. 13. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.