1 2025:CGHC:36256 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1865 of 2018 1 - Laxmi Bai (Since Dead). 2 - Naresh Kumar S/o Late Shri Santram Rathiya Aged About 35 Years R/o Village Puchhiyapali, Tahsil And P.S. Kharsiya, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh. 3 - Shashi Kumar S/o Santram Rathiya Aged About 30 Years R/o Village Puchhiyapali, Tahsil And P.S. Kharsiya, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh. 4 - Heeramati Rathiya W/o Sukhsingh Rathiya Aged About 72 Years R/o Village Puchhiyapali, Tahsil And P.S. Kharsiya, District Raigarh Chhattisgarh. (Claimants), District : Raigarh, Chhattisgarh ... Appellant(s) versus 1 - Rajesh Kumar Yadav S/o Johan Lal Yadav Aged About 36 Years R/o Pattharripara, Korba, P.S. Rampur, District Korba Chhattisgarh., District : Korba, Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 2 - M/s Hind Energy Through Director, Statish Agrawal, Through Power Of Attorney, Manas Kumar Agrawal, S/o Bangeram Agrawal, Aged About 29 Years, Shanti Nawadha Chowk, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh. 3 - Branch Manager National Insurance Company Limited, Resident Of Vyapar Vihar Thaha Chowk, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh. ... Respondent(s) For Appellant(s) : Mr. Rakesh Singh, Advocate on behalf of Mr. Manoj Kumar Jaiswal, Advocate. For Respondent(s) No. 1 : None. For Respondent No. 2 : Mr. Amitesh Kumar Pandey, Advocate. For Respondent No. 3 : Mr. Anil Gulati, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 25/07/2025 1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, against the award dated 10.01.2017 passed by the learned 2nd Additional Motor Accident Claims Tribunal, Raigarh, District- Raighar (C.G.), in Motor Accident Claim Case No. 78/2014 (“Dead Laxmi Bai & Ors. Vs. Rajesh Kumar Yadav & Ors.”) whereby an amount of Rs. 4,26,000/- with interest @ 6% per annum has been awarded in the favour of the claimants of 3 the deceased for their irreparable loss. 2. Brief facts of the case, is that on 05.04.2014 at 3:00 PM, Santram Rathiya was traveling by motorcycle to his workplace at Rukhmani Power Plant when upon reaching the main road near the Dehjari Petrol Pump in Kharsiya, he was hit by an offending vehicle driven by respondent No. 1 in a rash and negligent manner. As a result of the collision, Santram Rathiya sustained grievous injuries and died on the spot. Respondents No. 1 and 2 were declared ex parte in the claim petition after being duly served with notices. Respondent No. 3 has filed a reply denying the claims made in the petition and specifically alleged that the owner and driver of the offending vehicle had violated the terms and conditions of the insurance policy. After framing the issues and recording the evidence of the parties, the learned trial court passed an award on 10.01.2017 granting compensation to the tune of Rs. 4,26,000/-. Dissatisfied with the award, which is considered inadequate, illegal, erroneous and contrary to law. Therefore, the appellants/claimants of the deceased preferred an application claiming a total compensation of Rs. 19,10,000/-. 3. The tribunal has assessed the income of the deceased at Rs. 4,500/- per month i.e. Rs. 54,000/- per annum. After deduction of 1/3 of the income i.e. Rs. 18,000/- for personal expenses, the amount would be Rs. 36,000/- and considering the age of the 4 deceased to be 55 years and the appellants/claimants are the children and mother of the deceased, the Tribunal applied the multiplier of 11 and calculated the total loss of dependency as Rs. 3,96,000/-. Further Rs. 20,000/- towards funeral expenses and Rs. 10,000/- towards loss of love and affection and mental agony has been awarded. Accordingly, the Claims Tribunal has awarded total compensation of Rs. 4,26,000/- in favour of the children and mother of the deceased with interest @ 6% per annum, from the date of application till its realization. Hence, this appeal for enhancement. 4. Learned counsel for the appellants/claimants submits that the claims Tribunal has awarded a sum of Rs. 4,26,000/- which is not in accordance with law and the same is required to be enhanced in accordance with law. He further submits that the compensation awarded under other heads is also on lower side and needs to be enhanced. Hence, this appeal may be allowed by enhancing the compensation amount suitably. 5. On the other hand, it has argued on behalf of the counsel for respondent No. 3 that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. He further submits that there is delay of filing this appeal of 562 days may not be considered for grant of interest. He has placed reliance upon the 5 judgment passed by the Hon’ble Supreme Court in the matter of Lakkamma and ors. vs. The Regional Manager United India Insurance Co. Ltd, reported in 2021 (20) SCC 797. 6. None for respondent No. 1. 7. I have heard learned counsel for the parties and perused the material available on record. 8. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 9. Now this Court shall examine as to whether the compensation awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 10. As regards the income of the deceased, though the claimants have pleaded that the deceased was earning Rs. 8,000/- per month from his work, but no documentary evidence in this regard has been produced by the claimants. The learned claims Tribunal has assessed the income of the deceased as Rs. 4,500/- per month. Therefore, in absence of any reliable evidence regarding income of the deceased, keeping in mind the nature of occupation, date of accident, price index and cost of living etc. 6 especially notification by Labour Department for minimum wages. Upon considering the aforementioned factors, I find it appropriate to take income of deceased as Rs. 5,468/- per month as per minimum wages, the annual income comes to Rs. 65,616/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding 10% towards future prospects i.e. Rs. 6562/-, the annual income comes to Rs. 72,178/-. 11. Considering the fact that the deceased was aged about 55 years and the appellant/claimants are the children and mother of the deceased so deduction towards personal expenses would be 1/3 (Rs. 24,059/-) of the income and after deduction of the same the annual dependency comes to Rs. 48,119/-. In view of judgment of the Hon’ble Supreme Court in Sarla Verma (Smt.) and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 and National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 and also considering the age of the deceased, after applying multiplier of 11, the total loss of dependency works out to Rs. 5,29,309/-. The claimants are further entitled for Rs. 18,000/- towards loss of estate (increase of 10% in every three years) and Rs. 18,000/- for funeral expenses (increase of 10% in every three years). As per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in 7 AIR Online 2018 SC 189, the claimants are further entitled for Rs. (40,000X3+10%+10%) each (with increase of 10% in every three years) i.e. Rs. 1,44,000/- for consortium. Accordingly, the appellants/claimants i.e. children and mother of the deceased would become entitled for total compensation of Rs. 7,09,309/- in the following manner:- S.No. Heads Calculation 01 Towards loss of dependency Rs. 5,29,309/- 02 Towards consortium along with with increase of 10% in every three years (40,000X3+10% +10%). Rs. 1,44,000/- 03 Towards loss of estate along with increase of 10% in every three years. Rs. 18,000/- 04 Towards Funeral Expenses along with increase of 10% in every three years. Rs. 18,000/- Total Rs. 7,09,309/- 12. Thus, the total compensation is recomputed as Rs. 7,09,309/-. After deducting Rs. 4,26,000/- as awarded by the tribunal, the enhancement would be Rs. 2,83,309/-. 13. In the result, the appeal is partly allowed. The claimants/appellants i.e. children and mother of the deceased shall be entitled for the enhanced amount of Rs. 2,83,309/- in 8 addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 14. The delay cause in filing this appeal of 562 days would not be considered for grant of interest. SD/- (Amitendra Kishore Prasad) Judge Raghu Jat