1 2025:CGHC:16482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1543 of 2019 1 - Smt. Ramli Baghel W/o Late Jayman Baghel Aged About 33 Years Caste Maahra, R/o Village Mutanpal, Police Station Kodenar, District Bastar, Chhattisgarh 2 - Smt. Paaru @ Paro W/o Late Jayman Baghel Aged About 22 Years Caste Maahra, R/o Village Mutanpal, Police Station Kodenar, District Bastar, Chhattisgarh 3 - Ku. Anjali D/o Late Jayman Baghel Aged About 16 Years Minor Through Mother / Guardian Appellant No. 1, R/o Village Mutanpal, Police Station Kodenar, District Bastar, Chhattisgarh 4 - Sameer Kumar Baghel S/o Late Jayman Baghel Aged About 12 Years Minor Through Mother / Guardian Appellant No. 1, R/o Village Mutanpal, Police Station Kodenar, District Bastar, Chhattisgarh 5 - Ku. Savita D/o Late Jayman Baghel Aged About 9 Years Minor Through Mother / Guardian Appellant No. 1, R/o Village Mutanpal, Police Station Kodenar, District Bastar, Chhattisgarh 6 - Ku. Sandhya D/o Late Jayman Baghel Aged About 9 Years Minor Through Mother / Guardian Appellant No. 2, R/o Village Mutanpal, Police Station Kodenar, District Bastar, Chhattisgarh 7 - Laxman Baghel S/o Late Chaitan Aged About 58 Years Caste Maahra, R/o Village Mutanpal, Police Station Kodenar, District Bastar, Chhattisgarh 8 - Smt. Soni W/o Laxman Aged About 55 Years Caste Maahra, R/o Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.04.09 18:13:40 +0530 2 Village Mutanpal, Police Station Kodenar, District Bastar, Chhattisgarh 9 - Ku. Deepa Baghel D/o Laxman Baghel Aged About 29 Years Caste Maahra, R/o Village Mutanpal, Police Station Kodenar, District Bastar, Chhattisgarh 10 - Ku. Madhuri Baghel D/o Laxman Baghel Aged About 23 Years Caste Maahra, R/o Village Mutanpal, Police Station Kodenar, District Bastar, Chhattisgarh 11 - Ku. Sushila Baghel D/o Laxman Baghel Aged About 18 Years Caste Maahra, R/o Village Mutanpal, Police Station Kodenar, District Bastar, Chhattisgarh ... Appellants versus 1 - Sudarram Kashyap Samdu Aged About 38 Years R/o Village Aanjar Kosapara, Police Station Maardum, District Bastar, Chhattisgarh 2 - Satyendrasingh Kushwaha S/o Late Narsingh Pal Singh Kushwaha Kushwaha Bada, New Bus Stand, Jagdalpur, District Bastar, Chhattisgarh 3 - Manager Oriental Insurance Company Limited, Branch Maharani Hospital Road, Laxman Avenue, Jagdalpur, District Bastar, Chhattisgarh ---- Respondents For Appellants/Claimants: Mr. Kalpesh Ruparel, Advocate For Respondent No.3 : Mr. Veethika Choubey, Advocate on behalf of Mr. T.K. Tiwari, Advocate For Respondents No.1 & 2: None 3 Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (08.04.2025) 1. This appeal arises out of the award dated 10.07.2019 passed by 2nd Additional Motor Accident Claims Tribunal, Jagdalpur, District Bastar (C.G.), in Claim Case No. 28/2019 awarding compensation of Rs.11,52,880/- with interest @ 9% per annum, in favour of the appellants/claimants for their irreparable loss. 2. The averment in the claim petition, is that on 10.12.2018 Jayman Baghel (now deceased) was coming from Bastanar to his village, around 6-7/PM, near village Mutanpal, Murdepara driver/respondent No. 1 of offending vehicle (Bus) bearing registration No. CG-17-SS-0352 drove the vehicle in rash and negligent manner and dashed Jayman Baghel, due to which Jayman sustained grievous injuries and died on spot. A report of the incident was lodged, based on which offence was registered. It is stated that on the date of the accident, age of the deceased was 32 years, he was doing the work of Mason and was earning Rs. 12,000/- per month from his work. Due to the casual death of the deceased, there is an irreparable loss to the appellants/claimants. Therefore, the appellants preferred an application before the Tribunal claiming compensation to the tune of Rs. 34,35,480/-. 3. Learned Tribunal, on a close scrutiny of the evidence brought on record, assessed monthly income of the deceased to Rs.5,000, given 40% future prospects, deducted 1/5 income towards personal and living expenses and applied multiplier of 16 and awarded Rs. 10,82,880/-. Furthermore, Rs.70,000/- has been awarded by the Tribunal in other heads. Thus, total Rs.11,52,880/- has been awarded in favour of the appellants/claimants with interest @ 9% per 4 annum, from the date of application till its realization. Hence, this appeal has been filed by the appellants/claimants for enhancement of compensation. 4. Learned counsel for the appellants/claimants submits that the compensation awarded by the Tribunal is on the lower side and needs to be enhanced suitably. He further submits that the claimants have pleaded the income of the deceased as Rs. 12,000/- per month, but the learned Claims Tribunal has only assessed the income of the deceased as Rs. 5,000/- per month and awarded total compensation of Rs.10,82,880/- including the amount of other conventional heads of Rs. 70,000/-. The learned counsel urged that the Tribunal erred in not assessing the proper monthly income of the deceased. Learned Counsel further submits that the Tribunal has also awarded lesser amount on other heads, therefore, this appeal may be allowed and amount of compensation may be enhanced suitably. 5. None appeared on behalf of respondents No. 1 & 2. 6. On the other hand, it is submitted on behalf of counsel for respondent No.3 that in view of facts and circumstances of case, the impugned award is just and proper and requires no interference by this Court. 7. Heard counsel for the parties and perused the documents on record. 8. Now this Court shall examine as to whether the compensation of Rs.11,52,880/- awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 9. As regards the income of the deceased, though the claimants have pleaded that the deceased was earning Rs.12,000/-. per month from Mason work, but no documentary evidence in support thereof 5 has been produced, but it cannot be said that the deceased was not earning anything from his work. Therefore, in absence of any reliable evidence regarding income of the deceased, keeping in mind the nature of occupation, date of accident, wage structure prevailing on the date of accident, price index and cost of living etc. specially notification by Labour Department for minimum wages. Upon considering the aforementioned factors, I find it appropriate to take income of deceased as Rs. 8,658/- per month as minimum wages, at the relevant time of accident i.e. 10.12.2018. The annual income comes to Rs. 1,03,896/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding 40% towards future prospects i.e. Rs. 41,558/-, the annual income comes to Rs. 1,45,454/-. 10. The deceased was aged about 32 years and the claimants are the mother, father, sisters, wife & children of the deceased so deduction towards personal expenses would be 1/5 i.e. Rs.29,090/- which dependency comes to Rs. 1,16,363/- (145454-29090). 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 16, the total loss of dependency works out to Rs. 18,61,808/- (116363 x 16). The claimants are further entitled to get Rs. 15,000/- for loss of estate, Rs. 15,000/- for funeral expenses and as per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, they are further entitled to get Rs. 40,000/- each for loss of love and affection. Therefore, the claimants would become entitled for total 6 compensation of Rs. 23,31,808/-. Thus, the claimants are entitled for compensation in the following manner:- S.No. Heads Calculation 01 Towards loss of dependency Rs. 18,61,808/- 02 Towards loss of estate Rs. 15,000/- 03 Towards love and affection to each claimants @ Rs. 40,000/- Rs. 4,40,000/- 04 Funeral Expenses Rs. 15,000/- Total Rs. 23,31,808/- 11. Thus, the total compensation is recomputed as Rs. 23,31,808/-. After deducting Rs. 11,52,880/- as awarded by the Tribunal, the enhancement would be Rs. 11,78,928/-. 12. In the result, the appeal is partly allowed. The claimants shall be entitled to get Rs. 11,78,928/- in addition to what is already awarded by the Claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 13. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the amount awarded by the Tribunal. 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 Shubham