Page No.1 of 6 IN MAC-975-2022 2025:CGHC:48039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 975 of 2022 [Arising out of award dt. 24.12.2021, passed in Claim Case No.396/2018 (Shivratan Sahu and another v. Girgesh Prasad and others) by the 7th Addl. Motor Accident Claims Tribunal, Bilaspur (CG)] 1 - Shivratan Sahu S/o Late Jugal Sahu Aged About 52 Years R/o Village Narayanpur, Thana Maro, District Bemetara Chhattisgarh Hall Mukam Chakarbhatha, Thana Chakarbhatha, Tahsil Bilha, District Bilaspur Chhattisgarh........(Claimant) 2 - Nankaiya Bai W/o Shivratan Sahu Aged About 45 Years R/o Village Narayanpur, Thana Maro, District Bemetara Chhattisgarh Hall Mukam Chakarbhatha, Thana Chakarbhatha, Tahsil Bilha, District Bilaspur Chhattisgarh........(Claimant) ... Appellants Versus 1 - Girjesh Prasad S/o Suryadev Prasad Aged About 33 Years R/o Jaipur Khampar Devriya, District Devriya (U. P.) (Driver The Offending Vehicle Haiwa No. U. P. 52/ T./ 6284)..... (Driver) 2 - Khalsa Maining And Engineering Address House No. 11, Khairat Savareji, Thana Khampar, District Devriya (U. P.) (Woner The Offending Vehicle Haiwa No. U. P. 52/ T./ 6284).........(Owner) 3 - National Insurance Company Vaipar Vyapar Road, Taha Complex 2nd Floor, Bilaspur Chhattisgarh (Insurer The Offending Vehicle Haiwa No. U. P. 52/ T./ 6284)........(Insurer) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. S.K. Yadav, Advocate For Respondents No.1-2 : None though served. For Respondent No.3 : Mr. GVK Rao, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 6 IN MAC-975-2022 (Order on Board) 18.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of amount of compensation, challenging the impugned award dt. 24.12.2021, passed in Claim Case No.396/2018 (Shivratan Sahu and another v. Girgesh Prasad and others) by the 7th Addl. Motor Accident Claims Tribunal, Bilaspur (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.14,59,844/- as compensation for the death of Vishwanath @ Dadu, who was aged about 18 years on the date of occurrence. 2. Facts of the case, relevant for disposal of this appeal, are that on the date of occurrence i.e. 04.04.2018, at about 10.30 PM, while deceased alongwith his parents (appellants herein) were going to Village Narayanpur from Lodha on a motor-cycle and, when they reached in front of Kirna-Haryana Dhabab, the driver (respondent No.1) of the offending vehicle i.e. Haiwa bearing No.UP-52-T-6284, drove the same in rash and negligent manner and hit the motor- cycle of the deceased, due to which, the deceased suffered injuries and died. Thereafter, the appellants, who are dependents of the deceased, filed an application under Section 166 of the Act of 1988 seeking compensation to the tune of Rs.41,20,000/- pleading therein that on the date of the accident, the deceased was 18 years of age Page No.3 of 6 IN MAC-975-2022 and used to earn Rs.15,000/- PM from his work of Electricity Fitting. The deceased used to maintain his family members and, after his death, his family members have no any source of income to survive. Even otherwise, the deceased was aged about 18 years on the date of accident and was a able-bodied person and on account of his untimely death in the accident, the appellants have suffered economical and psychological difficulties. 3. Respondents No.1 & 2 – driver and owner of the offending vehicle submitted their reply to the claim application, while denying all the adverse pleadings made in the application, it was further pleaded that the accident was not caused by the aforesaid vehicle and the deceased has died on account of his own carelessness, moreover, on the date of the accident, the driver of the said vehicle was having valid driving license as well as the said vehicle (Haiwa) was duly insured with respondent No.3, therefore, the liability of compensation lies upon the Insurance Company i.e. respondent No.3. 4. Respondent No. 3 i.e. the Insurance Company has opposed the claim application stating that the said vehicle (Haiwa) was being used in violation of terms and conditions of insurance policy. 5. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that deceased died in the accident arising out of rash and negligent driving of the Page No.4 of 6 IN MAC-975-2022 aforesaid vehicle i.e. Haiwa bearing No.UP-52-T-6284, which was driven by respondent No.01 and owned by respondent No.2 herein. Breach of conditions of insurance policy was not found to be proved, and after calculating the amount of compensation, awarded Rs.14,59,844/- as total compensation with interest @ 09% p.a. from the date of filing of the claim application. 6. 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 Rs.9,126/- per month which should be Rs.10,530/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Further, the learned Claims Tribunal has awarded total Rs.50,000/- on the head of loss of consortium to the appellants, which ought to have been granted Rs.40,000/- for each of the appellants. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 7. Learned counsel for the respondents would submit that the appellants have failed to prove nature of occupation and income of deceased by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. Page No.5 of 6 IN MAC-975-2022 8. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 9. Learned Claims Tribunal assessed the monthly income of deceased Arjun Sahu to be Rs.9,126/-, 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 Rs.10,530/- PM (as per minimum wages prescribed at relevant time). Further, on the head of loss of consortium to the appellants Rs.50,000/- has only been awarded, but it ought to have been awarded Rs.40,000/- for each of the appellants. 10. 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. Pranay Sethi 1, 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 Rs.9,126 x 12 = Rs.1,09,512/- Rs.10,530 x 12 = Rs.1,26,360/- 2. Future Prospect (+) 40% (i.e. Rs.43,804/-) = (+) 40% (i.e. Rs.50,544/-) = 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.6 of 6 IN MAC-975-2022 Rs.1,53,316/- Rs.1,76,904/- 3. Deduction (-) 1/2 (i.e. Rs.76,658/-) = Rs.76,658/- (-) 1/2 (i.e. Rs.88,452/-) = Rs.88,452/- 4. Multiplier (x) 18 = Rs.13,79,844/- (x) 18 = Rs. Rs.15,92,136/- 5. Loss of Estate Rs. 15,000/- Rs. 15,000/- 6. Funeral Expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium Rs.50,000/- Rs.40,000/- x 2 = Rs.80,000/- Total Rs.14,59,844/- Rs.17,02,136/- 11. In view of the aforesaid analysis, the amount of compensation of Rs.14,59,844/- awarded by the Claims Tribunal is enhanced to Rs.17,02,136/-. Hence, after deducting the amount of Rs.14,59,844/-, the appellants are held entitled for an additional amount of Rs.2,42,292/-. The concerned respondents are directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of claim application before the Tribunal i.e. 04.04.2018 till its realization. Rest of the conditions of the impugned award shall remain intact. 12. 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 s@if