1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 146 of 2024 1 - Dharna W/o Late Omprakash Singraul Aged About 20 Years R/o Village Girdhauna, Police Station And Tahsil Sakri, District Bilaspur (C.G.) (Claimant) 2 - Jamuna Bai Singraul W/o Sevakram Singraul Aged About 52 Years R/o Village Girdhauna, Police Station And Tahsil Sakri, District Bilaspur (C.G.) (Claimant) 3 - Sevakram Singraul W/o Khorginjra Singhraul Aged About 55 Years R/o Village Girdhauna, Police Station And Tahsil Sakri, District Bilaspur (C.G.) (Claimant) ... Appellants versus 1 - Chandrakant Pandey S/o Late Narayan Prasad Pandey Aged About 25 Years R/o Behind Sulabh Complex, Dabripara, Sarkanda, Tahsil And District Bilaspur (C.G.) (Driver Of Motorcycle No. C.G.-10-Q-4220) 2 - Ankit Kachhwaha S/o Sunil Kachhwaha Aged About 26 Years R/o R.K. Boot House, Gali No. 3, Telipara, Bilaspur, P.S. City Kotwali, Tahsil And District Bilaspur (C.G.) (Owner Of Motorcycle No. C.G.-10-Q-4220) 3 - Bhawan Singh Shyam S/o Babulal Shyam R/o Ward No.12, Village Kaimadih, Post Khanda, Police Station Seepat, District Bilaspur (C.G.) (Insured Owner Of Motorcycle No. Cg-10-Q-4220) 4 - I.C.I.C.I. Lombard General Insurance Company Limited Through The Divisional Manager, Divisional Office- Commercial Building, Devendra Nagar, Raipur, Tahsil And District Raipur (C.G.) (Insurer Of Motorcycle No. Cg-10-Q-4220) ... Respondent(s) For Petitioner : Mr. Vipin Singh Thakur, Advocate For Respondent No. 4 : Mr. Shekhar Rao Saheb Amin, Advocate Hon'ble Shri Justice Sachin Singh Rajput, Order on Board 29.08.2025 1) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short MV HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.09.02 15:01:00 +0530 2 Act) has been filed by the appellants/claimants, being aggrieved by the award dated 01.07.2023 passed by the learned Sixth Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) (for short ‘trial Court’) in Claim Case No. 1681/2021. 2) By the impugned award, the learned Tribunal has awarded compensation of Rs. 16,93,480/- to the appellants/claimants, on account of the death of Omprakash Singraul in an accident that took place on 15.07.2021 by rash and negligent driving of the offending vehicle (Motor Cycle) bearing Registration No. CG-10-Q-4220 by respondent No.1, owned by respondent No.2 and insured with respondent No.4/Insurance company. As a result of the said accident, the deceased died in hospital during treatment. 3) As per the pleadings, the deceased/ Omprakash Singraul was aged about 24 years and was working as Mason and earning a monthly income of Rs. 15,000/-. The appellants/claimants were dependent upon the income of the deceased. 4) The respondent No. 1 to 3 remained ex parte before the learned Tribunal. Respondent No.4 /Insurance company in usual course, denied the averments of the claim application and pleaded that the driver of the offending vehicle did not have valid and effective driving licence and there is a violation of terms and conditions of insurance policy. 5) On the basis of the above pleadings, the learned Tribunal has framed 4 issues and after appreciating the material available on record decided the same in favour of the appellants/claimants and awarded above stated compensation. 6) Learned counsel for the appellants/claimants submits that the amount of compensation is on the lower side. Hence, suitable enhancement may be made by this Court. 3 7) Learned counsels for the respondent No.4 supports the award and submits that in view of evidence available on record and findings of the learned Tribunal is justified and just compensation has been awarded. 8) I have heard learned counsel for the parties, considered their rival submissions and perused the records. 9) Considering the evidence available on record; age of the deceased; date of accident; nature of job; this Court is of the view that Rs. 9,000/- can be safely taken as monthly income of the deceased. 10) In light of the above and taking guidance from the judgment of Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi and others; (2017) 16 SCC 680, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors; (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors; (2018) 18 SCC 130, this Court is recomputing the compensation as below:- S.N Particular Awarded by this Court 1. Monthly Income of the deceased 9,000/- 2. Future Prospect 40% 9,000X40%=3,600/- 3. Net Income 9,000+3600=12,600/- 4. Yearly income 12,600 X12=1,51,200/- 5. Personal expenditure 1/3 1,51,200/3= 50,400/- 6. Yearly dependency 1,51,200-50,400=1,00,800/- 7. Multiplier of 18 applied to assess yearly loss of dependency 1,00,800 X18= 18,14,400/- 8. Funeral Expenses 15,000/- 9. Loss of estate 15,000/- 10. Filial consortium 01,20,000/- (40,000/- each to A-1 to A-3) Total compensation Rs. 19,64,400/- 11) For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs.16,93,480/- awarded by the Tribunal is enhanced to Rs. 4 19,64,400/-. Hence, after deducting the amount of Rs. 16,93,480/-, the appellants/claimants are held entitled for an additional amount of Rs. 02,70,920/-. The additional amount shall carry interest @6% per anuum from the date of appeal i.e. 15.01.2024. The impugned award stands modified to the above extent. 12) The respondent No. 4 insurance company is directed to deposit the amount of compensation enhanced by this Court within a period of 60 days from today, on such deposit being made, Rs. 50,000/- shall be invested in the name of appellant No. 1/Dharna for a period of 3 years in FDR at any Nationalized Bank, Rs. 75,000/- each shall be disbursed to appellant No. 2/Jamuna Bai Singraul & appellant No. 3/Sevakram Singraul, remaining amount shall be paid to appellant No. 1/Dharna through bank transaction/account payee cheque. 13) Consequently, the appeal is partly allowed. Sd/- (Sachin Singh Rajput) Judge H.Ansari