1 MAC No. 80 of 2022 2025:CGHC:39617 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 80 of 2022 1. Samaru Kewat S/o Bhagela @ Farel Kewat, aged about 50 years; 2. Amarnath @ Golu Kewat S/o Samaru Kewat, aged about 20 years; 3. Manoj Kewat S/o Samaru Kewat, aged about 14 years; Appellant No. 3 is minor through Legal Guardian Father Samaru Kewat S/o Bhagela @ Farel Kewat. All are R/o Village Kotmi Sonar, Thana - Akaltara, Tahsil - Akaltara District Janjgir Champa (C.G.). Presently Address - Village - Dhourabhatha, Thana - Hirri, Tahsil - Bilha, District - Bilaspur Chhattisgarh. ... Appellants versus 1. Umesh Giri Goswami S/o Parmeshwar Giri Goswami, aged about 27 years, Occupation Driver, R/o Village - Lotanpara Post Office - Utarda Tahsil - Pali, District - Korba Chhattisgarh (Driver of the Offending Vehicle Truck No. C.G. 10/ A./ 6591). 2. Smt. Shanti Gond W/o Santosh Gond R/o - Devrikhurd Barkhadan Post Office Devrikhurd Tahsil - Bilaspur, District - Bilaspur Chhattisgarh (Owner of the Offending Vehicle Truck No. C.G. 10/ A./ 6591). 3. Shri Ram General Insurance Company Limited, Chief E8 EPIP Ricco Industrial Area Sitapur, Jaipur ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.12 14:33:36 +0530 2 MAC No. 80 of 2022 Rajasthan 302022 (India). Through Branch Manager, Shri Ram General Insurance Company Limited, Branch Office 4th Floor Maruti Heights G.E. Road Raipur Tahsil and District - Raipur Chhattisgarh. (Insure of the Offending Vehicle Truck No. C.G. 10/ A./ 6591). ... Respondents For Appellants :- Mr. A.L. Singroul, Advocate. For Respondent No.3 :- Mr. Sourabh Gupta, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 07.08.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants seeking enhancement in the amount of compensation, challenging the impugned award dated 25.11.2021 passed by the Motor Accident Claims Tribunal, Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 357/2018, whereby learned Claims Tribunal has awarded a total sum of 10,84,000/- ₹ as compensation for the death of Purain Bai, who was a labour and also used to do agriculture work, aged about 45 years at the time of incident. Further, the Claims Tribunal has fastened 3 MAC No. 80 of 2022 the liability upon the owner and the driver and exonerated the insurance company. Against the said order of the Claims Tribunal the instant appeal has been preferred by the claimants/appellants herein who are the husband and two sons of the deceased. 2. Mr. A.L. Singroul, learned counsel for the appellants, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. Claims Tribunal erred in assessing income of deceased as 7,800/- per month which should be ₹ ₹8,320/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. He would further submit that the Claims Tribunal has also erred in exonerating the Insurance Company from its liability and also in awarding compensation under the ‘head of consortium’, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Mr. Sourabh Gupta, learned counsel for the respondent/Insurance Company, would submit that 4 MAC No. 80 of 2022 the offending vehicle was being plied in terms and condition of the Insurance Policy, and therefore, the Insurance Company has rightly been exonerated from liability to pay the compensation to the claimants. Thus, the award passed by the Claims Tribunal is just and proper which does not call for any interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. Learned Claims Tribunal assessed the monthly income of deceased Doman Sen to be ₹ 7,800/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased should be 8,320/- ₹ (as per minimum wages prescribed at relevant time) and 99,840/- per annum and also under the head of ₹ the consortium amount is liable to be enhanced. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. 5 MAC No. 80 of 2022 Pranay Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹ 7,800 x 12 = ₹ 93,600/- ₹ 8,320 x 12 = 99,840/- ₹ 2. Future Prospect (+) 25% i.e. ₹ 23,400/-; total yearly income ₹93,600 + 23,400 = 1,17,000/- ₹ (+) 25% i.e. ₹ 24,960/-; total income = 99,840 + ₹ 24,960 = 1,24,800/- ₹ 3. Deduction (-) 1/3 = 39,000/- ₹ ₹ 1,17,000- 39,000 = ₹ 78,000/- (total income) (-) 1/3 = 41,600/- ₹ ₹ 1,24,800-41,600 = ₹ 83,200/- (total income) 4. Multiplier (x) 13 = ₹ 10,14,000/- (x) 13 = ₹ 10,81,600/- 5. Loss of Estate ₹ 15,000/- , 15,000/- ₹ 6. Funeral Expenses ₹ 15,000/- ₹ 15,000/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 MAC No. 80 of 2022 7. Loss of Consortiu m ₹ 40,000/- ₹40,000 x 3 = ₹ 1,20,000/- Total ₹ 10,84,000/- ₹ 12,31,600/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 10,84,000/- awarded by the Claims Tribunal is enhanced to ₹12,31,600/-. Hence, after deducting the amount of ₹ 10,84,000/-, the appellants are held entitled for an additional amount of ₹1,47,600/- . Since the offending vehicle was being plied in terms and condition of the insurance policy, the Insurance Company/respondent No.3 herein is not liable to pay the compensation amount as the offending vehicle did not have the permit. However, in light of decision of the Supreme Court in the matter of Amrit Paul Singh v. Tata AIG General Insurance Co. Ltd. 4 , the Insurance Company will be liable to pay the amount of compensation to the claimants/appellants herein first and, thereafter, entitle to recover the said amount from the owner and driver of the offending vehicle. 4 AIR 2018 SC 2662 7 MAC No. 80 of 2022 8. In view of the above, the Insurance Company/respondent No.3 is directed to deposit the amount of compensation as enhanced by this Court within a period of three months from the date of receipt of copy of this order and thereafter, the said amount will be recovered by the Insurance Company from the owner and driver of the offending vehicle. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 02.05.2018 till its realization. Rest of the conditions of the impugned award shall remain intact. 9. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit