1 2025:CGHC:15975 HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1450 of 2018 1 - Deelip Kumar Laskar S/o Savat Ram Laskar Aged About 46 Years R/o Ranipara, Ward No. 5, Ratanpur, Police Station Ratanpur, District- Bilaspur, , Chhattisgarh. 2 - Smt. Champa Bai Laskar W/o Deelip Kumar Laskar Aged About 37 Years R/o Ranipara, Ward No. 5, Ratanpur, Police Station Ratanpur, District- Bilaspur, Chhattisgarh. 3 - Pankaj Kumar Laskar S/o Deelip Kumar Laskar Aged About 22 Years R/o Ranipara, Ward No. 5, Ratanpur, Police Station Ratanpur, District : Bilaspur, Chhattisgarh. 4 - Ku. Sharda D/o Deelip Kumar Laskar Aged About 19 Years R/o Ranipara, Ward No. 5, Ratanpur, Police Station Ratanpur, District- Bilaspur, Chhattisgarh. ... Appellants versus 1 - Faguram Gond S/o Ramkumar Gond Aged About 35 Years Occupation Driver, R/o Village Ranigaon, Gondpara, Police Station Ratanpur, District- Bilaspur, Chhattisgarh....(Driver of the vehicle Picup No. C.G. 10/C/5399). 2 - Shatruhan Prasad Sahu S/o Nathulal Sahu R/o Village- Sendri, Post Office Sendri, Police Station Koni, Tahsil And District- Bilaspur, A ANNAJEE RAO Digitally signed by A ANNAJEE RAO 2 Chhattisgarh.......( Registered Owner Of The Vehicle Picup No. C.G. 10/c/5399). 3 - H.D.F.C. Ergo General Insurance Company Limited Regional Manager, H.D.F.C. Ergo General Insurance Company Limited, Branch Office, Simran Towers, Devendra Nagar Road, Raipur, Tahsil And District- Raipur, Chhattisgarh, Through Branch Manager, H.D.F.C. Ergo General Insurance Company Limited, First Flour Kh No. 730/2, D2, Ph No.22, Ward No.30, Rani Laxmi Nagar, Near Rama Gagneto Mall, Ind-Sind Bank Bilaspur, Tahsil and District- Bilaspur, (Insurance Company of The Vehicle Pick-up No. C.G. 10/C/5399)., District : Bilaspur, Chhattisgarh ... Respondents For the appellants : Mr. Sajal Kumar Gupta, Advocate, on behalf of Mr. Utkal Pradhan, Advocate For Respondent(s) : …. None ………….. (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Judgment on Board 04/04/2025 1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed challenging the award dated 18.05.2018 passed by the learned V Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 416 of 2017. By the impugned award, the learned tribunal has awarded Rs.7,10,400/- as compensation to the claimants on account of death of deceased Suraj Laskar in an unfortunate accident which took place on 30.05.2017 by rash and negligent driving of respondent no. 1 driver by offending vehicle i.e., Commander Jeep bearing Regn.No.C.G.10-C/5399 wherein the deceased was sitting. The said vehicle was owned by respondent no.2 owner and insured with respondent no. 3 /Insurance company. 2. As per the pleadings of the claim application filed under Section 166 of 3 the MV Act, at the time of accident, he was unmarried person of aged about 24 years and was working as Head Mason earning Rs.400/- per day. The claimants have claimed a total compensation of Rs.43,00,000/- on various heads. 3. The learned claims Tribunal considered the fact that the deceased was young man of 24 years of age and treating him as a labour took his monthly income as Rs.4500/- (Rs.150/- per day) and Rs.54,000/- per annum. The Tribunal has further added 40% of the income towards future prospects i.e., 21,600/- and calculated the yearly income as Rs.75,600/- (Rs.54000 plus 21,600/-). After deducting one-half towards personal expenses, the dependency was worked out to Rs.37,800/- and then applied multiplier 18 to assess the total loss of dependency which comes to Rs. 6,80,400/-. Further Rs.15,000/- for funeral expenses and Rs.15,000/- for loss of estate have been granted and a total sum of Rs.7,10,400/- was awarded as compensation with interest @ 6% from the date of filing the claim application till its payment. 4. Learned counsel for the appellant/claimant submits that at the time of accident, the deceased was young man of 24 years of age and was earning Rs.400/- per day by working as Head-Mason, however, the tribunal has wrongly held the monthly income of deceased to be Rs.4,500/- (Rs. 150 per day) as per the wages of normal labourer and thus calculated the annual income to be Rs.54000/-, which is on much lower side. He further submits that no amounts have been been granted towards loss of love and affection and prays that since the compensation granted by the Tribunal is meagre, the award may suitably be enhanced. 5. Learned counsel for respondent no.3 supports the award and submits that the compensation has rightly been awarded and does not require any 4 interference by this Court. 6. Heard learned counsel for the parties, considered their rival submissions and perused the record with utmost circumspection. 7. Considering the fact that the deceased Suraj on the date of accident was an unmarried person of 24 years of age and considering the wages rate as per the labour department and all relevant factors this Court holds the monthly income of the deceased to Rs.8,450/-. In the light of the judgments of the Hon’ble Supreme Court in National Insurance Company Ltd. v. Pranay Sethi reported in (2017) 16 SCC 680, Sarla Verma Vs. Delhi Transport Corporation (2009) 6 SCC 121 and Magma General Insurance Co. Ltd v. Nanu Ram @ Chuhru Ram (2018) 18 SCC 130, this Court is computing the following compensation as below: 1. Monthly income of the deceased 8,450/- 2. Future prospectus @ 40% 3,380/- 3. Total 11,830/- 4. Yearly income 11,830 x 12 = 1,41,960/- 5. Personal expenditure (1/2) 70,980/- 6. Net Income 70,980/- 7. Multiplier of 18 applied to assess total loss of dependency 12,77,640/- 8. Funeral expenses 15,000/- 9. Loss of estate 15,000/- 10. Filial consortium or Loss of love and affection for 4 dependents : 40,000 x 6 1,60,000/- 11. Total compensation 14,67,640/- 8. Thus the total compensation is recomputed to Rs.14,67,640/-. from which after deduction of Rs.7,10,400/- as awarded by the Tribunal, the enhancement would be Rs.7,57,240/-. 5 9. Accordingly, the appeal is allowed. The claimants are entitled for enhanced amount of Rs. 7,57,240/- in addition to what is already awarded by the Claims Tribunal. The enhanced amount shall carry interest @ 6% per annum from the date of enhancement of the award till its realisation. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 10. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made 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 reside. Sd/- Sanjay Kumar Jaiswal Judge Rao