Page No.1 of 8 IN MAC-1349-2022 2025:CGHC:45913 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1349 of 2022 [Arising out of award dt. 01.07.2022, passed in Claim Case No.149 of 2020 (Smt. Shiv Kumari and others v. Rajeshwar Prasad and others) by the 1st Addl. Motor Accident Claims Tribunal, Bilaspur (CG)] 1 - Smt. Shiv Kumari W/o Late Khiru Chouhan Aged About 28 Years R/o Village - Godhana, Thana And Tahsil - Navagarh, District : Janjgir-Champa, Chhattisgarh 2 - Kumari Gunjan D/o Late Khiru Chouhan Aged About 10 Years Minor Through Legal Guardian Mother Smt. Shiv Kumari (Appellant No. 1) , R/o Village - Godhana, Thana And Tahsil - Navagarh, District : Janjgir-Champa, Chhattisgarh 3 - Kumari Himani D/o Late Khiru Chouhan Aged About 7 Years Minor Through Legal Guardian Mother Smt. Shiv Kumari (Appellant No. 1) , R/o Village - Godhana, Thana And Tahsil - Navagarh, District : Janjgir-Champa, Chhattisgarh 4 - Kumari Poorvi D/o Late Khiru Chouhan Aged About 3 Years Minor Through Legal Guardian Mother Smt. Shiv Kumari (Appellant No. 1) , R/o Village - Godhana, Thana And Tahsil - Navagarh, District : Janjgir-Champa, Chhattisgarh 5 - Mohan B.P. S/o Late Jageshwar B.P. Chouhan Aged About 56 Years R/o Village - Godhana, Thana And Tahsil - Navagarh, District : Janjgir-Champa, Chhattisgarh 6 - Smt. Chameli W/o Mohan B.P. Chouhan Aged About 50 Years R/o Village - Godhana, Thana And Tahsil - Navagarh, District : Janjgir- Champa, Chhattisgarh 7 - Gopal Prasad S/o Mohan B.P. Chouhan Aged About 22 Years R/o Village - Godhana, Thana And Tahsil - Navagarh, District : Janjgir- Champa, Chhattisgarh SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 8 IN MAC-1349-2022 8 - Jagdish Prasad S/o Mohan B.P. Chouhan Aged About 20 Years R/o Village - Godhana, Thana And Tahsil - Navagarh, District : Janjgir- Champa, Chhattisgarh 9 - Kumari Uma D/o Mohan B.P. Chouhan Aged About 19 Years R/o Village - Godhana, Thana And Tahsil - Navagarh, District - Janjgir- Champa, Chhattisgarh. (Claimants) ... Appellants/ Claimants Versus 1 - Rajeshwari Prasad S/o Raamsay Aged About 25 Years R/o Village - Parasdiha Dewanpara, Thana - Wadraf Nagar, District - Baprampur, Chhattisgarh. (Driver Of The Offending Vehicle Tanker No. C.G. 07/ A.X./ 4874) 2 - Lalji S/o Munni Lal Gupta Aged About 42 Years R/o - Bhilai Camp No. 1 Pragati Nagar Ward No. 21, Near - Ram Janki Mandir District - Durg, Chhattisgarh. (Owner Of The Offending Vehicle Tanker No. C.G. 07/ A.X./ 4874) 3 - The United India Insurance Company Limited, Through Divisional Manager Legal Cell Branch Office - L.I.C. Building 1st Floor Magarpara Road Bilaspur And District - Bilaspur, Chhattisgarh. (Insurer Of The Offending Vehicle Tanker No. C.G. 07/a.X./ 4874) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. A.L. Singroul, Advocate For Respondent No.1-2 : None though served. For Respondent No.3 : Mr. Dashrath Gupta, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 09.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellants seeking enhancement of amount of compensation, challenging the impugned award dt. 01.07.2022, passed in Claim Case No.149 of Page No.3 of 8 IN MAC-1349-2022 2020 (Smt. Shiv Kumari and others v. Rajeshwar Prasad and others) by the 1st Addl. Motor Accident Claims Tribunal, Bilaspur (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.18,31,518/- as compensation for the death of Kheeru Chouhan, who was aged about 29 years on the date of occurrence. 2. Facts of the case, relevant for disposal of this appeal, are that on the date of occurrence i.e. on 02.01.2020, at about 10:30 AM, while deceased- Kheeru Chouhan was at Indian Oil Main Road, Gopalpur, at that juncture, the respondent No.01- driver, who was driving the offending vehicle i.e. Tanker bearing No.CG-07-AX-4874 drove the said vehicle in rash and negligent manner and dashed the deceased, due to which, the deceased suffered injuries and died. Thereafter, the appellants, who are wife, minor children, parents, brother and sisters of the deceased respectively, filed an application under Section 166 of the Act of 1988 seeking compensation to the tune of Rs.45,00,000/- pleading therein that on the date of the accident, the deceased was 29 years of age and used to earn Rs.15,000/- per month from the work of Manager at Petrol Pump. The deceased used to maintain his family members including his parents, brother and sister and, after his death, his family members have no any source of income to survive. Even otherwise, the deceased was aged about 29 years on the date of accident and was a able-bodied person and, on account of his untimely death in the Page No.4 of 8 IN MAC-1349-2022 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 (Tanker) 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 (Tanker) 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- Kheeru Chouhan died in the accident arising out of rash and negligent driving of the aforesaid vehicle i.e. Tanker bearing No.CG- 07-AX-4874, which was driven by the respondent No.01 and owned by respondent No.02 herein. Breach of conditions of insurance policy was not found to be proved, and after calculating the amount of compensation, awarded Rs.18,31,518/- as total compensation with Page No.5 of 8 IN MAC-1349-2022 interest @ 7.5% 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.7,290/- per month which should be Rs.9,310/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Further, learned Claims Tribunal also erred in awarded Rs.15,000/- each on the heads of funeral expenses and loss of estate, where it ought to have been Rs.16,500/- each. Even, the learned Claims Tribunal has awarded Rs.40,000/- each on the heads of loss of consortium to each of the appellants, which ought to have been granted Rs.44,000/- each. 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 the 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 Page No.6 of 8 IN MAC-1349-2022 with utmost circumspection. 9. Learned Claims Tribunal assessed the monthly income of deceased Kheeru Chouhan to be Rs.7,290/-, 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.9,310/- PM (as per minimum wages prescribed at relevant time). Further, on the heads of funeral expenses and loss of estate Rs.15,000/- each has been awarded, whereas it ought to have been Rs.16,500/- each and on the heads of loss of consortium to each of the appellants Rs.40,000/- each have been awarded, but it ought to have been awarded Rs.44,000/- each. 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.7290/- Rs.9,310/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.7 of 8 IN MAC-1349-2022 2. Future Prospect (+) 40% (i.e. Rs. 2916) = Rs.10206/- X 12 = Rs.1,22,472/- (+) 40% (i.e. Rs. 3,724/-) = Rs.13,034/- x 12 = Rs.1,56,408/- 3. Deduction (-) 1/4 (Rs.30,618/-) = Rs. 91,854/- (-) 1/4 (i.e. Rs.39,102) = Rs. 1,17,306/- 4. Multiplier (x) 17 = Rs. 15,61,518/- (x) 17 = Rs.19,94,202/- 5. Loss of Estate Rs. 15,000/- Rs. 16,500/- 6. Funeral Expenses Rs. 15,000/- Rs. 16,500/- 7. Loss of Consortium (for appellants No.1 to 6) Rs. 40,000/- x 6 = Rs.2,40,000/- Rs. 44,000/- x 6 = Rs.2,64,000/- 8. Loss of consortium (for appellants No.7 to 9) NIL NIL Total Rs. 18,31,518/- Rs. 22,91,202/- 11. In view of the aforesaid analysis, the amount of compensation of Rs.18,31,518/- awarded by the Claims Tribunal is enhanced to Rs.22,91,202/-. Hence, after deducting the amount of Rs.18,31518/-, the appellants are held entitled for an additional amount of Rs.4,59,684/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 7.5% per annum from the date of filing of claim application before the Tribunal i.e. 27.01.2020 till its realization. Rest of the conditions of the impugned award shall remain intact. Page No.8 of 8 IN MAC-1349-2022 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