Page No.1 of 6 IN MAC-1285-2022 2025:CGHC:40489 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1285 of 2022 [Arising out of award dated 24.06.2022, passed by the Addl. Motor Accident Claim Tribunal Dhamtari in Claim Case No.19/2020] 1 - Tukaram Sahu S/o Chamruram Sahu Aged About 57 Years Caste- Teli, R/o Village Mura Post Darba, Tahsil Kurud (Claimants), District : Dhamtari, Chhattisgarh 2 - Smt. Hirkani Sahu W/o Tukaram Sahu Aged About 50 Years Caste- Teli, R/o Village Mura Post Darba, Tahsil Kurud (Claimants), District : Dhamtari, Chhattisgarh 3 - Lata Sahu D/o Tukaram Sahu Aged About 25 Years Caste- Teli, R/o Village Mura Post Darba, Tahsil Kurud (Claimants), District : Dhamtari, Chhattisgarh 4 - Om Prakash Sahu S/o Tukaram Sahu Aged About 22 Years Caste- Teli, R/o Village Mura Post Darba, Tahsil Kurud (Claimants), District : Dhamtari, Chhattisgarh … Appellants/ Claimants Versus 1 - Manish Pall S/o Gulab Chand Pall Aged About 25 Years Permanent R/o New Market Bacheli, District Dantewada (C.G.). Presently Address- Moti Lal Neharu Ward No.15 Near Mamta Video Baster Goods Transport Nayapara Jagdalpur Post And Tahsil Jagdalpur, District Baster (Chhattisgarh)............(Driver) 2 - Khaliluddin S/o Faiyaz Ahmed Aged About 34 Years Caste- Muslim, Permanent R/o House No.116 Hirmapara Sargipal Jagdalpur. Presently Address- Baster Goods Transport Moti Lal Neharu Ward No.15 Near Mamta Video Jagdalpur, Post And Tahsil Jagdalpur - Baster (Chhattisgarh)..............(Owner) 3 - Manager, Chola Mandalam M.S. General Insurance Company Limited Through House 2nd Floor Sirman Tower, Back Side Of L.I.C. Bhawan Pandri Raipur, Post Pandri, Tahsil And District Raipur (Chhattisgarh)........(Insurer) SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 6 IN MAC-1285-2022 ... Respondent [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. A. L. Singroul, Advocate For Respondents : Mr. Harshmander Rastogi, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 12.08.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of amount of compensation, challenging the impugned award dated 24.06.2022, passed by the Addl. Motor Accident Claim Tribunal Dhamtari in Claim Case No.19/2020, whereby learned Claims Tribunal has awarded a total sum of Rs.12,42,600/- as compensation for the death of Mithlesh Kumar Sahu, who was aged about 19 years. 2. Facts of the case, relevant for disposal of this appeal, are that on the date of occurrence i.e. 04.11.2019, while deceased- Mithlesh Kumar Sahu was returning to his home on his motor-cycle and, at about 04:10 PM when he reached at NH-30, Sub Health Center Chataud, the driver (respondent No.1) of the offending vehicle i.e. Truck bearing No.CG-17- KR-5209, drove the same in rash and negligent manner and dashed the motor-cycle of the deceased, due to which, the deceased suffered injuries and died. Thereafter, the appellants, who are father, mother, sister and brother of the deceased respectively, filed an application under Section 166 of the Act of 1988 seeking compensation to the tune Page No.3 of 6 IN MAC-1285-2022 of Rs.14,64,000/- pleading therein that on the date of the accident, the deceased was 19 years of age and used to earn Rs.10,000/- PM from his part-time tuition classes work. The deceased used to maintain his family members including the parents and after his death, his family members have no any source of income to survive. Even otherwise, the deceased was aged about 19 years on the date of accident and was a able-bodied person and on account of his untimely death in the accident, the appellants have suffered economical and psychological difficulties. 3. Respondents No.1 & 2 – driver and owner of the offending vehicle submitted their reply to the claim application, while denying all the adverse pleadings made in the application, it was further pleaded that the accident was not caused by the aforesaid vehicle and the deceased has died on account of his own carelessness, moreover, on the date of the accident, the driver of the said vehicle was having valid driving license as well as the said vehicle (truck) was duly insured with respondent No.3, therefore, the liability of compensation lies upon the Insurance Company i.e. respondent No.3. 4. Respondent No. 3 i.e. the Insurance Company has opposed the claim application stating that the said vehicle (Truck) was being used in violation of terms and conditions of insurance policy. 5. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that deceased Mithlesh Kumar Sahu died in the accident arising out of rash and Page No.4 of 6 IN MAC-1285-2022 negligent driving of the aforesaid vehicle i.e. Truck bearing No.CG-17- KR-5209, which was driven by respondent No.01 and owned by respondent No.2 herein. Breach of conditions of insurance policy was not found to be proved, and after calculating the amount of compensation, awarded Rs.12,42,600/- as total compensation with interest @ 6% p.a. from the date of filing of claim application. 6. Learned counsel for the appellants would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. Claims Tribunal erred in assessing income of deceased as Rs.8,000/- per month which should be Rs.8,920/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. It is further contended that the Claims Tribunal has erred in not awarding any compensation under the head of ‘loss of consortium (for parents & filial)’, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 7. Learned counsel for the respondents would submit that the appellants have failed to prove nature of occupation and income of deceased by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 8. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with Page No.5 of 6 IN MAC-1285-2022 utmost circumspection. 9. Learned Claims Tribunal assessed the monthly income of deceased Mithlesh Kumar Sahu to be Rs.8,000/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased should be Rs.8,920/- PM (as per minimum wages prescribed at relevant time). Further, no amount towards the loss of parental & filial consortium has been awarded to the claimants. 10. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi 1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs.8,000 x 12 = Rs. 96,000/- Rs.8,920 x 12 = Rs.1,07,040/- 2. Future Prospect (+) 40% i.e. Rs. 38,400 = Rs.1,34,4400/- (+) 40% i.e. Rs. 42,816 = Rs. 1,49,856/- 3. Deduction (-) ½ = Rs. 67,200/- (-) ½ = Rs.74,928/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.6 of 6 IN MAC-1285-2022 4. Multiplier (x) 18 = Rs. 12,09,600/- (x) 18 = Rs. 13,48,704/- 5. Loss of Estate Rs. 16,500/- Rs, 16,500/- 6. Funeral Expenses Rs. 16,500/- Rs. 16,500/- 7. Loss of Parental & filial Consortium (for appellant No.1-4) Not assessed Rs.44,000/- x 4 = Rs.1,76,000/- Total Rs.12,42,600/- Rs.15,57,704/- 11. In view of the aforesaid analysis, the amount of compensation of Rs.12,42,600/- awarded by the Claims Tribunal is enhanced to Rs.15,57,704/-. Hence, after deducting the amount of Rs.12,42,600/-, the appellants are held entitled for an additional amount of Rs.3,15,104/-. The concerned respondents are directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 30.01.2020 till its realization. Rest of the conditions of the impugned award shall remain intact. 12. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge s@if