NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 1463 of 2019 Sonu Chakradhari, S/o Late Shankar Prajapti, aged about 20 Years, R/o Gangapurkhurd, Ambikapur, Police Station And Tahsil Ambikapur, District Sarguja Chhattisgarh. (Claimant), District : Surguja (Ambikapur), Chhattisgarh --- Appellants Versus 1. Lal Mohammad Ansari, S/o Mangaru Shekh, aged about 50 Years, R/o Nawagarh, Police Station And Tahsil Ambikapur, District Sarguja Chhattisgarh. (Driver Of Offending Vehicle Truck Bearing Registration No. C.G. 15/a.C.-1953)., District : Surguja (Ambikapur), Chhattisgarh 2. Saddam, S/o Islam, aged about 25 Years, R/o Shrigarh, Ambikapur, District Sarguja Chhattisgarh. (Ex-Owner Of Offending Vehicle Truck Bearing Registration No. C.G.15/a.C.-1953), District : Surguja (Ambikapur), Chhattisgarh 3. Tabrej Khan, S/o Mehban Khan, aged about 30 Years, R/o Junadih, Lakhanpur, Police Station And Tahsil Lakhanpur, District Sarguja Chhattisgarh. (Presently Owner Of Offending Vehicle Truck Bearing Registration No. C.G. 15/a.C. -1953), District : Surguja (Ambikapur), Chhattisgarh 4. Branch Manager United India Insurance Company Ltd. Branch Ambikapur Bramhroad, Ambikapur, District Sarguja Chhattisgarh. (Insurer Of Offending Vehicle Truck Bearing Registration No. C.G. 15/a.C.-1953)., District : Surguja (Ambikapur), Chhattisgarh --- Respondents Cause title is taken from the CIS system _________________________________________________________________________ For Appellant : Shri Vinod Kumar Tekam, Advocate. For Respondent No. 4 : Shri Sudhir Agrawal and Shri Shashank Agrawal, Advocates. ____________________________________________________________ ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.09.10 11:51:45 +0530 -2- Hon'ble Shri Justice Sachin Singh Rajput Order on Board 29 /08/2025 1. This appeal under section 173 of the Motor Vehicles Act, 1988 (for short Act of 1988) has been filed by the appellant / claimant, being aggrieved by the award dated 09/04/2019 passed by the Motor Accident Claims Tribunal, Ambikapur, District – Surguja (C.G.) in M.A.C.C.No. 78/2018. 2. By the impugned award, against the claim of Rs. 25,00,000/-, the learned Tribunal has awarded compensation of Rs. 07,00,000/- on account of death of Chundi @ Laxmi Prajapati in an accident that occurred on 09/08/2017 by rash and negligent driving of the offending vehicle Truck bearing registration No. CG- 15/AC-1953 by respondent No. 1 / driver, owned by respondent No.3/Owner and Insured by respondent No.4/Insurance Company. 3. As per pleadings of the claim application filed under section 166 of the MV Act, the deceased was the mother of the appellant. It has been pleaded that the deceased was labour and earning Rs.7500/- per month. As the deceased died in the accident, the appellant/claimant suffered irreparable loss and deprived of the dependency of the deceased. Therefore, the above stated compensation was claimed. 4. The respondent No.1 to 3 have filed their respective written statement and denied the averments of the claim application and pleaded that the claim application may be rejected. 5. Respondent No.4 pleaded that the driver of the offending vehicle was not having valid and effective driving license, there is violation of the terms and conditions of the Insurance Policy. Hence, the Insurance company may be exonerated. 6. On the basis of above pleadings, the learned Tribunal framed four issues and decided the same in favour of the appellant / claimant and awarded the above stated compensation by the impugned award which led to filing of this appeal. -3- 7. Learned counsel for the appellant submits that the monthly income of the deceased has been taken on lower side. It is also submitted that the amount of compensation on all other heads is also on the lower side. Therefore, it is prayed that suitable enhancement may be made.. 8. Learned counsel for respondents No.4 vehemently opposes the submission and submits that the learned tribunal after meticulous examination of the evidence brought on record gave categorically finding that the income of the deceased could not be proved by cogent and prudent evidence and found his monthly income to Rs.4500/- which could not be said to be meager and the learned tribunal has also added future prospects and awarded compensation on all other admissible head and just compensation was awarded. Therefore, the appeal has no merit and is liable to be dismiss. 9. Heard learned counsel for the parties, considered their rival submission and also perused the appended documents. 10. Taking Into consideration the evidence on record; nature of job of the4 deceased; minimum wages; this court assess the monthly income of the deceased to Rs.7500/- per month. 11. In view of the decision of Hon’ble Supreme Court in the matters of Smt. Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr., (2009) 6 SCC 121, National Insurance Co. Ltd. Vs. Pranay Sethi, (2017) 16 SCC 680 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors; (2018) 18 SCC 130, this court is reassessing the compensation in the following manner :- S.No. Head Calculation 1. Income of the deceased @ 7500/- per month Rs.90,000/- per annum. (7500 X 12) 2. Future prospect 25% Rs.22,500/- -4- 3. Total Yearly Income Rs.1,12,500/- (90,000 + 22,500) 4. Income after 1/3 deduction for personal expenses Rs.75,000/- (1,12,500 – 37500) 5. Multiplier of 14 to be applied Rs.10,50,000/- (75,000 x 14) 6. Towards loss of estate and funeral expenses Rs.30,000/- 7. Filial and parental consortium Rs.40,000/- Total compensation Rs.11,20,000/- 12. The learned Tribunal has awarded Rs.7,00,000/- which is deducted from the total compensation now awarded and the enhanced compensation comes to Rs.4,20,000/- interest @ 6% is also awarded on the enhanced amount of compensation from the date of filing of this appeal i.e. 23/07/2019 to be deposited by the insurance company within a period of 60 days. After the amount of compensation is deposited by respondent No.4/insurance company, learned Tribunal shall pass appropriate order for investment and disbursement. 13. Appeal thus partly allowed with modification in the award impugned to the above extent. Sd/--/-/-/- Sd/- (Sachin Singh Rajput) Judge Ashish