1 2025:CGHC:45454 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1195 of 2020 1 - Devsingh Sahu Son Of Kanhaiya Sahu Aged About 46 Years R/o. Village Senchuva, Ward No. 8, Tahsil Dhamtari, District Dhamtari (Chhattisgarh), District : Dhamtari, Chhattisgarh 2 - Smt. Jeeta Bai Sahu Wife Of Devsingh Sahu Aged About 40 Years R/o. Village Senchuva, Ward No. 8, Tahsil Dhamtari, District Dhamtari (Chhattisgarh), District : Dhamtari, Chhattisgarh 3 - Mani Ram Sahu Son Of Devsingh Sahu Aged About 20 Years R/o. Village Senchuva, Ward No. 8, Tahsil Dhamtari, District Dhamtari (Chhattisgarh), District : Dhamtari, Chhattisgarh 4 - Ku. Indrani Sahu D/o. Devsingh Sahu Aged About 18 Years R/o. Village Senchuva, Ward No. 8, Tahsil Dhamtari, District Dhamtari (Chhattisgarh), District : Dhamtari, Chhattisgarh ... Appellants versus 1 - Dharam Singh Porte Son Of Tulsi Singh Porte Aged About 41 Years R/o. Village Belgahana Shaktibahara, Bilaspur, At Present M.M. Fish Seed Cultivation Primate Limited, Mana Camp Raipur, District Raipur (Chhattisgarh) (Driver), District : Raipur, Chhattisgarh 2 - Swapan Mandal Son Of Late Satish Mandal Aged About 48 Years Proprietor, M.M. Fish Seed Cultivation Primate Limited, Mana Camp Raipur, District Raipur (Chhattisgarh) (Owner), District : Raipur, Chhattisgarh Digitally signed by GOPAL SINGH Date: 2025.09.12 16:18:50 +0530 2 3 - Branch Manager The New India Insurance Company Limited, Infront Of M.M. Plaza, Ring Road No. 01, Kanshiram Nagar, Raipur (Chhattisgarh) (Insurer), District : Raipur, Chhattisgarh ... Respondents For Appellants : Shri Praveen Dhurandhar, Advocate For Respondent No.3 : Shri Dashrath Gupta, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board 04/09/2025 1. Challenge in this appeal is to the award dated 22.10.2019 passed by the Motor Accidents Claims Tribunal, Dhamtari in Claim Case No.4 of 2019. 2. By the impugned award, against a claim of Rs.66,20,000, the learned Claims Tribunal has awarded compensation of Rs.7,10,400 in favour of the appellants/claimants on account of death of Dagesh Sahu in an accident occurred on 11.8.2018 by rash and negligent driving of the offending vehicle Bolero Pick-up bearing registration No.CG 04 LL 5547 by respondent No.1 owned by respondent No.2 and insured with respondent No.3. 3. A claim application under Section 166 of the Motor Vehicles Act, 1988 was filed by the appellants/claimants inter alia pleading that on account of the said accident, Dagesh Sahu, who was son of appellant No.1, sustained severe injuries and died on the spot and, therefore, the 3 appellants/claimants/dependents of the deceased made the above stated claim of Rs.66,20,000. 4. The claim application was resisted by the respondents including the insurance company on various grounds taking a plea of violation of terms and conditions of the insurance policy. 5. Learned Claims Tribunal framed issues and decided the same in favour of the appellants/claimants and awarded the above stated compensation holding the death due to the accident in question. 6. Learned counsel for the appellants/claimants submits that income of the deceased has wrongly been taken by the learned Claims Tribunal. No consortium has been awarded to appellant No.1 and appellant No.2. Therefore, the compensation may be enhanced. 7. Learned counsel for respondent No.3 supports the impugned award and submits that just compensation has been awarded by the learned Claims Tribunal. 8. Taking into consideration the age of the deceased, the minimum wages prevailing at the time of accident and the nature of job of the deceased, this Court assesses the monthly income of the deceased to Rs.8,000 and thereby recomputes the compensation in the following manner: 4 Sl.No. Particulars Amount (Rs.) 1 Monthly Income 8,000 2 Addition of 40% Future Prospects (Rs.8,000 + Rs.3,200 = Rs.11,200) 11,200 3 Yearly Income (Rs.11,200 x 12 = Rs.1,34,400) 1,34,400 4 Deduction of ½ towards Personal and Living Expenses of the Deceased (Rs.1,34,400 / 2 = Rs.67,200) 67,200 5 Loss of Dependency after application of Multiplier of 18 (Rs.67,200 x 18 = Rs.12,09,600) 12,09,600 6 Funeral Expenses 15,000 7 Loss of Estate 15,000 8 Filial Consortium to Appellants No.1 and 2 (Rs.40,000 x 2 = Rs.80,000) 80,000 9 Love and Affection as awarded by the Claims Tribunal 15,000 Total = 13,34,600 Less: The compensation awarded by the Tribunal = 7,10,400 Enhancement in the Compensation = 6,24,200 9. The above enhanced amount of compensation of Rs.6,24,200 be deposited by respondent No.3/insurance company in the Claims Tribunal within 60 days from the date of receipt of a copy of this order. The aforesaid enhanced amount of compensation shall carry simple interest @ 6% per annum payable from the date of the appeal i.e. 13.01.2021 till final deposit. On making the said deposit, the Claims Tribunal shall pass appropriate orders for disbursement, investment and apportionment thereof within a period of 30 days from the 5 date of the deposit. Rest of the impugned award shall remain intact. 10. The appeal is thus partly allowed to the extent shown above. Sd/- (Sachin Singh Rajput) JUDGE Gopal