1 2025:CGHC:44420 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1711 of 2019 1 - Smt. Purnima Sahu W/o Late Mukesh Kumar Aged About 22 Years R/o Village - Hardi Thana And Tahsil - Takhatpur, District - Bilaspur Chhattisgarh 2 - Ku. Soumya D/o Late Mukesh Kumar Aged About 2 Years Minor Through Legal Guardian Mother Smt. Purnima Sahu ( Appellant No. 1 ) R/o Village - Hardi Thana And Tahsil - Takhatpur, District - Bilaspur Chhattisgarh 3 - Laxman Sahu S/o Late Chaitram Sahu Aged About 49 Years R/o Village - Hardi Thana And Tahsil - Takhatpur, District - Bilaspur Chhattisgarh. 4 - Smt. Sumitra Bai W/o Laxman Sahu Aged About 44 Years R/o Village - Hardi Thana And Tahsil - Takhatpur, District - Bilaspur Chhattisgarh. 5 - Kumari Harshita Sahu D/o Late Mukesh Kumar Aged About 1 Years Minor Through Legal Guardian Mother Smt. Purnima Sahu ( Appellant No. 1 ) R/o Village - Hardi Thana And Tahsil - Takhatpur, District - Bilaspur Chhattisgarh ... Appellant (s) versus 1 - Ranjan Prasad Yadav S/o Ganesh Prasad Yadav Aged About 33 Years R/o Pathara Tola, Pathachalhi Sughari, Thana - Govindpur, District - Nawada ( Bihar ) Pin Code No. 841427 Hall Mukam - Capital Transport, Near Best Pries Bhanpuri Thana - Bhanpuri, Tahsil And District - Raipur Chhattisgarh. ( Driver Of Offending Vehicle Truck No. W.B. /23c / 2565 ) Pin Code No. 493221) (Driver) 2 - Moh. Ekbal S/o Imam Baksh Aged About 46 Years R/o Mirjapur Raipara Post Mashila 2 Sankarel Hawada ( West Bangal ) Pin Code No. 711302. ( Owner Of Offending Vehicle Truck No.W.B. /23c / 2565 ) Pin Code No. 493221) (Owner) 3 - Shri Ram General Insurance Limited, Through Branch Manager, Branch Office - S - 8 And S - 9 2nd Floor C.G. Plaza. In Front Of Agrasen Chowk Telephone Exchange, Thana - Civil Line Tahsil And District - Bilaspur Chhattisgarh. Pin Code No. 495004. ( Insurer Of Offending Vehicle Truck No. W.B. /23c / 2565 ) Pin Code No. 493221) (Insurer) ... Respondent(s) For Appellant (s) : Ms. Shalini Jangde, counsel on behalf of Shri A.L.Singroul, Advocate For Respondent No.3 : Shri Saurabh Sharma and Ms. Harneet Kaur, Advocate ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 01/09/2025 This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘M.V.Act’) has been filed challenging the award dated 14/05/2019 passed in claim case No.467/2018 by the Motor Accident Claims Tribunal, Bilaspur, District–Bilaspur (CG) (for short ‘Tribunal’). By the impugned award, against a claim of Rs.60,00,000/-, learned Tribunal has awarded compensation of Rs.13,45,200/- in favour of the appellants / claimants. 2. The claim application under Section 166 of the MV Act has been filed on account of death of Mukesh Sahu in an accident that occurred on 30.05.2018 by rash and negligent driving of the offending vehicle (Truck) bearing registration No.WB 23 C 2565 by respondent No.1, owned by respondent No.2 and insured with respondent No.3. As per pleadings of the claim application, the deceased was aged about 28 years and was engaged in plumbing work and earning Rs.15,000/- per month. Therefore, the aforestated compensation was claimed. 3. The claim application was resisted by the respondents including the insurance company. The respondents 1 and 2 remained ex-parte. The insurance company resisted the claim application by filing written statement denied 3 averments of the claim application and took a plea that there is violation of the terms and conditions of the insurance policy. 4. On the basis of above pleadings, learned Claims Tribunal framed issues and decided the same in favour of the appellants / claimants and awarded the abovestated compensation. 5. Learned counsel for the appellant submits that the amount of compensation is meagre; assessment of income is wrong, therefore, the compensation may be suitably enhanced. 6. Per contra, learned counsel appearing for the respondent supports the award and submits that in the absence of any documentary evidence, assessment of income and award of income is just. 7. Heard learned counsel for the parties, considered their rival submissions and perused the record. 8. According to the appellant / claimants, the deceased was a plumber and was earning Rs.500/- per day i.e. Rs.15,000/- per month. Of course, no documentary evidence was brought on record to substantiate the income but this Court can very well take a judicial notice that there are vast unorganised sector for which there will not be any documentary evidence to prove the income. The date of accident is 30/05/2018 and five appellants / claimants including young widow of 32 years having two children of two years and one month and parents were dependent upon the income of the deceased. 9. Taking into consideration the evidence brought on record; minimum wages, nature of job and number of dependents, this Court assesses the monthly income of the deceased to Rs.10,000/- and taking guidance from the judgments of Hon’ble Supreme Court in the case of Sarla Verma and ors. v. Delhi Transport Corporation and ors., (2009) 6 SCC 121, National Insurance Co. Ltd. v. Pranay Sethi and ors, (2017) 16 SCC 680 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and ors., (2018) 18 SCC 130 propose to recompute the compensation in the following manner - 4 1. Monthly income Rs.10000/- 2. Future prospects 40% (10000 + 4000) Rs.14000/- 3. Yearly income (14000x12) Rs.168000/- 4. 1/4 deduction for personal expenses (168000/4) Rs.42000/- 5. Multiplier of 17 (126000 X 17) (168000-42000 =126000) Rs.2142000/- 6. Funeral expenses + Loss of estate+spousal consortium +Rs.70000/- 7. Filial Consortium +Rs.160000/- Total Compensation =Rs.2372000/- 10. The learned Tribunal has awarded Rs.13,45,200/- which is deducted from the total compensation now awarded and the enhanced compensation comes to Rs.10,26,800/-. Looking to the facts and circumstances of the case, interest @ 6% is also awarded on the enhanced amount of compensation from the date of filing of appeal i.e. 02/09/2019 to be deposited by the insurance company within a period of 60 days. After the amount of compensation is deposited by respondent/insurance company, Rs.3 lakh each be invested as fixed deposit in the name of appellant No.2 and 5 till they attain majority and Rs.2 lakhs be invested as fixed deposit in the name of appellant No.1 in a nationalised bank for two years. Rs.1 lakh each be disbursed to appellant No.3 and appellant No.4. Remaining amount shall be disbursed to Appellant No.1 through Bank transaction/account payee cheque. 11. The appeal thus allowed in part. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.09.08 11:43:54 +0530