1 / 3 2025:CGHC:41703 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 840 of 2025 • The New India Insurance Company Limited, Through Branch Manager Branch Office Rajnandgaon, Old Bus Stand Rajnandgaon, Tehsil And District Rajnandgaon, Chhattisgarh. (Validity Of Vehicle As Per Insurance Company Dated 04/03/2017 To Mid Night 03/03/2018, Policy No. 48010031180100010799) ... Applicant versus 1. Smt. Kanti Bai Korram W/o Late Kartik Ram Korram Aged About 39 Years Occupation- House Wife, Caste- Gond, R/o Village Sitagaon, Chawargaon Para, Post Sitagaon, Tehsil Manpur P.S. Sitagaon, District Rajnandgaon, Chhattisgarh 2. Ku. Asanti Bai Korram D/o Late Kartik Ram Korram Aged About 22 Years Occupation- Unemployed, Caste- Gond, R/o Village Sitagaon, Chawargaon Para, Post Sitagaon, Tehsil Manpur P.S. Sitagaon, District -Rajnandgaon, Chhattisgarh 3. Ku. Jasanti Korram D/o Late Kartik Ram Korram Aged About 20 Years Occupation- Unemployed, Caste- Gond, R/o Village Sitagaon, Chawargaon Para, Post Sitagaon, Tehsil Manpur P.S. Sitagaon, District -Rajnandgaon, Chhattisgarh, 4. Ku. Dusanti Korram D/o Late Kartik Ram Korram Aged About 14 Years Occupation- Student, Caste- Gond, Through Their Custodian Mother Smt. Kanti Bai Korram, W/o Late Kartik Ram Korram, R/o Village Sitagaon, Chawargaon Para, Post Sitagaon, Tehsil Manpur P.S. Sitagaon, District- Rajnandgaon, 5. Ku. Ratni Korram D/o Late Kartik Ram Korram Aged About 11 Years Occupation- Student, Caste- Gond, Through Their Custodian Mother Smt. Kanti Bai Korram, W/o Late Kartik Ram Korram, R/o Village Sitagaon, Chawargaon Para, Post Sitagaon, Tehsil Manpur P.S. Sitagaon, District- Rajnandgaon, 6. Ku. Laxmi Korram D/o Late Kartik Ram Korram Aged About 7 Years Occupation- Student, Caste- Gond, Through Their Custodian Mother Smt. Kanti Bai Korram, W/o Late Kartik Ram Korram, R/o Village Sitagaon, Chawargaon Para, Post Sitagaon, Tehsil Manpur P.S. Sitagaon, District- Rajnandgaon, PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 7. Akash Korram S/o Late Kartik Ram Korram Aged About 5 Years Occupation- Student, Caste- Gond, Through Their Custodian Mother Smt. Kanti Bai Korram, W/o Late Kartik Ram Korram, R/o Village Sitagaon, Chawargaon Para, Post Sitagaon, Tehsil Manpur P.S. Sitagaon, District- Rajnandgaon, Chhattisgarh, 8. Mohan Korram S/o Late Bajarsay Korram Aged About 58 Years Occupation- Unemployed, Caste- Gond, R/o Village Sitagaon, Chawargaon Para, Post Sitagaon, Tehsil Manpur P.S. Sitagaon, District- Rajnandgaon, Chhattisgarh, 9. Smt. Dukhmani Korram W/o Shri Mohan Korram Aged About 54 Years Occupation- Unemployed, Caste- Gond, R/o Village Sitagaon, Chawargaon Para, Post Sitagaon, Tehsil Manpur P.S. Sitagaon, District- Rajnandgaon, Chhattisgarh 10.Nitesh Kumar Dewangan S/o Harish Chandra Dewangan Aged About 23 Years Occupation Driver R/o Vill. And Post Devri Bangal, Patel Para, P.S. Devri Bangla, District - Balod (Chhattisgarh) License No. CG0820140011924 Validity Till Date - 15-05-2019 ) (Driver) 11. Rajnandgaon Road Lines Through Narendra Pal Singh Garcha, S/o Late Jogendar Singh Garcha Aged About 60yrs Occupation Transport R/o Gandhi Udyan Civil Lines Raipur Tah. And District- Raipur (C.G.) (Owner of the Bus No. CG-19 -F-1062 ) ... Respondent For Applicant : Mr. Mohd. Azad Siddiqui, Advocate For Respondents No. 1 to 9 : Mr. Rajeev Bharat, Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 19/08/2025 1. This MCC is filed seeking modification of impugned judgment dated 04.07.2025 passed in MAC No. 1905 of 2019. 2. Learned counsel for applicant submits that learned Claims Tribunal has applied deduction of 1/5 considering number of claimants to be more than 6 and taking note of the decision of Hon’ble Supreme Court in the case of Sarla Verma & others v. Delhi Transport Corp. & anr. reported in (2009) 6 SCC 121. He submits that due to typographical error in the impugned order, deduction towards personal and living expenses has been made as 1/6 and accordingly the compensation is calculated. In the facts of the case, proper deduction towards personal and living expenses would be 1/5. 3 / 3 3. Submission made by learned counsel for applicant is not opposed by learned counsel for non-applicants/ claimants. 4. Perusal of impugned judgment dated 04.07.2025 would show that the deduction towards personal and living expenses inadvertently has been made as 1/6. According to the decision of Sarla Verma’s case (supra), appropriate deduction would be 1/5 where number of dependents is more than six. 5. Considering the typographical error crept in the impugned judgment, amount of compensation is recomputed taking deduction of 1/5 towards personal and living expenses which is as under. S.No. Heads Compensation 1. A. Annual Loss of income/ dependency = ₹ 1,26,000/- (₹ 10,500x12) B. Addition towards loss of future prospects @ 25% (₹ 1,26,000 + 25% of ₹ 1,26,000 = ₹ 1,57,500) C. Deduction of 1/5 towards personal and living expenses (₹ 1,57,500 x 1/5 = ₹ 31,500); ₹ 1,57,500 - ₹ 31,500 = ₹ 1,26,000/- D. Multiplier of 15 ₹ 1,26,000 x 15 = ₹ 18,90,000/- ₹ 18,90,000/- 2. Loss of Spousal Consortium to Appellant No. 1/ wife ₹ 40,000/- 3. Loss of Parental Consortium of ₹ 40,000 each to Appellants No. 2 to 7/ children (₹ 40,000x6) ₹ 2,40,000/- 4. Loss of Filial consortium of ₹ 40,000 each to Appellants No. 8 & 9 (₹ 40,000 x2) ₹ 80,000/- 5. Loss of estate ₹ 15,000/- 6. Funeral Expenses ₹ 15,000/- Total ₹ 22,80,000/- 6. Now the total compensation to be awarded to the claimants will be ₹ 22,80,000/- instead of ₹ 23,58,750. It is modified accordingly. 7. It is directed that this order shall also be made part of the record of appeal MAC No. 1905 of 2019. Sd/- (Parth Prateem Sahu) pwn JUDGE