1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 557 of 2021 1 - Smt. Vimla Jagat W/o Late Jugesh Kumar Jagat Aged About 30 Years R/o Village Salihabhatha Murli Hardibazar P.S. Kusmunda Present Address Ratakhar Korba Tahsil And District Korba Chhattisgarh. 2 - Minor Yugal Jagat S/o Late Jugesh Kumar Jagat Aged About 8 Years Through Natural Guardian Smt. Vimla Jagat, R/o Village Salihabhatha Murli Hardibazar P.S. Kusmunda Present Address Ratakhar Korba Tahsil And District Korba Chhattisgarh 3 - Minor Manvi Jagat D/o Late Jugesh Kumar Jagat Aged About 4 Years Through Natural Guardian Smt. Vimla Jagat, R/o Village Salihabhatha Murli Hardibazar P.S. Kusmunda Present Address Ratakhar Korba Tahsil And District Korba Chhattisgarh 4 - Minor Ku. Bhoomi Jagat D/o Late Jugesh Kumar Jagat Aged About 2 Years Through Natural Guardian Smt. Vimla Jagat, R/o Village Salihabhatha Murli Hardibazar P.S. Kusmunda Present Address Ratakhar Korba Tahsil And District Korba Chhattisgarh., 5 - Bhanmati Jagat W/o Kheekhal Jagat @ Kheekalram, Aged About 45 Years R/o Village Salihabhatha Murli Hardibazar P.S. Kusmunda Present Address Ratakhar Korba Tahsil And District Korba Chhattisgarh 6 - Kheekhal Singh @ Kheekram Jagat S/o Nanhe Singh Jagat Aged About 50 Years R/o Village Salihabhatha Murli Hardibazar P.S. Kusmunda Present Address Ratakhar Korba Tahsil And District Korba Chhattisgarh. ... Appellant(s) 2 versus 1 - Vishnu Singh S/o Ramjhool Sahu Aged About 30 Years R/o Rawabhantha Ward No. 27, Beergaon Raipur, District Raipur Chhattisgarh. 2 - Rishabh Transport Plot No. 446, T.P. Nagar, Korba, Tahsil And District Korba Chhattisgarh 3 - The New India Insurance Co. Limited Through Divisional Manager, The New India Insurance Co. Limited, Office Sada Complex Transport Nagar Korba, Tahsil And District Korba Chhattisgarh. (Insurance Company) ... Respondent(s) For Appellant(s) : Shri A.S.Rajput, Advocate For Respondent No.3 : Shri H.P.Agrawal, Advocate ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 12/09/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘M.V.Act’) has been filed challenging the award dated 15/07/2021 passed in Motor Accident Claim Case No.75/2019 by the Motor Accident Claims Tribunal, Korba, District-Korba (CG). By the impugned award, against a claim of Rs.76,65,000/-/-, learned Tribunal has awarded compensation of Rs.13,93,000/- in favour of the appellants / claimants. 2. A claim application under Section 166 of the MV Act was filed on account of death of Jugesh Jagat in an accident that occurred on 03/04/2019 by rash and negligent driving of the offending vehicle (Trailor) bearing registration No.CG-12-A U-0938 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 38 years and was earning Rs.12,000/- per month working as a driver. Therefore, the aforestated compensation was claimed. 3 3. The respondents 1 and 2 remained ex-parte and no written statement was filed. Respondent No.3 filed written statement and denied averments of the claim application. The insurance company took a plea that there is violation of the terms and conditions of the insurance policy. 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 appellants were dependent upon the income of the deceased. Considering the dependency, minimum wages and nature of job of the deceased, learned Tribunal ought to have considered the monthly income of the deceased to Rs.10,000/-. Apart from this, he submits that compensation on all other heads requires suitable enhancement. 6. Per contra, learned counsel for respondent No.3 submits that just compensation has been awarded and there is no requirement of any interference by this Court in the impugned award. 7. Heard learned counsel for the parties, considered their rival submissions and perused the record. 8. Taking into consideration the submissions made, age of the deceased, date of accident, nature of job and minimum wages prevailing, this Court is inclined to assess the monthly income of the deceased to Rs.9,000/- 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, this Court propose to recompute the compensation in the following manner - 1. Monthly income Rs.9000/- 2. Future prospects 40% (9000 + 3600) Rs.12600/- 4 3. Yearly income (12600x12) Rs.151200/- 4. 1/4 deduction for personal expenses (151200-37800) Rs.113400/- 5. Multiplier of 15 (113400 X 15) Rs.1701000/- 6. Loss of estate+ Funeral expenses +Rs.70,000/- 7. Spousal and parental consortium (Rs.40,000/- each) +Rs.2,00,000/- Total Compensation =Rs.1971000/- 9. The learned Tribunal has awarded Rs.13,93,000/- which is deducted from the total compensation now awarded and the enhanced compensation comes to Rs.5,78,000/-. 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. 17/09/2021 to be deposited by the insurance company within a period of 60 days. After the amount of compensation is deposited, Rs.50,000/- each be disbursed to appellant No.5 and appellant No.6. Rs.1 lakh each be invested in the name of appellant No.2 to appellant No.4 as fixed deposit in a Nationalised Bank till they attain majority and Rs.1 lakh be invested in the name of appellant No.1 as fixed deposit in a Nationalised Bank for a period of 2 years. Remaining amount shall be disbursed to appellant No.1 through Bank transaction / account payee cheque. 10. The appeal, thus, partly allowed. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.09.17 14:13:41 +0530