1 2025:CGHC:20041 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 39 of 2019 1. Smt. Muniyan W/o Late Sadhu Ram Aged About 55 Years R/o Village Ergawan Madanpur, Thana Darima, Tahsil Lakhanpur, District Surajpur, Chhattisgarh. 2. Sanjay Ram S/o Late Sadhu Ram Aged About 25 Years R/o Village Ergawan Madanpur, Thana Darima, Tahsil Lakhanpur, District Surajpur, Chhattisgarh. 3. Mangal Ram S/o Late Sadhu Ram Aged About 18 Years R/o Village Ergawan Madanpur, Thana Darima, Tahsil Lakhanpur, District Surajpur, Chhattisgarh. ... Appellants/Claimants versus 1. Sonu Singh S/o Bilas Singh Aged About 24 Years Profession Driver, R/o Village Semara Kala, Thana And Tahsil Pratappur, District Surajpur, Chhattisgarh (Driver ). 2. Gurjeet Singh S/o Ranjeet Singh Aged About 45 Years Profession Vehicle Owner, R/o Ward No. 2 Shivnandapur Fouji Gali Bishrampur Fouji Gali Bishrampur, District Surajpur Chhattisgarh (Owner). 3. Oriental Insurance Company Limited, Branch Ambikapur, Manendragarh Road, Behind The Banaras Chowk, Ambikapur, District Surguja, Chhattisgarh. ... Respondents For Appellants/Claimants : Ms. Seema Verma, Advocate on behalf of Ms. Uttara Shriva Advocate. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.05.03 12:31:48 +0530 2 For Respondents No.1& 2 : Ms. Sanskriti Rara, Advocate on behalf of Mr. Shashank Thakur, Advocate. For Respondent No. 3 : Mr. Akash Shrivastava, Advocate on behalf of Mr. R.N. Pusty, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (01.05.2025) 1. This appeal arises out of the impugned award dated 28.02.2018 passed by the Third Additional Motor Accident Claims Tribunal, Ambikapur, District-Surguja (C.G.) in Claim Case No. 193/2015 awarding a compensation of Rs. 5,62,332/-with interest @ 6% per annum, in favour of the appellants/claimants for their irreparable loss. 2. The averment in the claim petition, in brief, is that on 04.01.2015, when Sadhuram Kewat (now deceased) was going from his village Ergawan (Madanpur) to village Kakna in his bicycle and when he reached near village Bhakura, respondent No. 1 namely Sonu Singh was driving the offending vehicle (truck) bearing registration No. CG-15-AC-3428 in a rash and negligently manner and dashed in the bicycle of Sadhuram Kewat, due to which Sadhuram Kewat suffered grievous injuries and was admitted in the District Hospital Ambikapur, Apollo Hospital Bilaspur and Makahara Hospital Raipur and during treatment, he died on 15.01.2015. After that, a report was lodged based on the above stated offence. It is stated that on the date of the incident, the age of the deceased was 60 years and he was doing the business of Chana and Murra for trade and retail and was earning Rs. 12,000/- per month from his work. Due to the casual death of the husband, father of the appellants/claimants, there is an irreparable loss to the appellants. Therefore, the appellants preferred an application to claim a total compensation of Rs. 22,64,200/- for their irreparable loss. 3 3. The learned Claims Tribunal based on the pleadings of the parties, framed issues and, after appreciation of evidence and material available on record, the income of the deceased was taken as Rs.4,500/- per month. Further, the age of the deceased was considered as 60 years at the time of the accident and applied 10% future prospects to the income of the deceased. Learned Tribunal found that claimants are wife and children (total No.3), so deduction towards personal and caring expenses would be 1/3, and after applying a multiplier of 09, the total loss of dependency works out to Rs. 3,56,400/- and Rs.70,000/- has been awarding on other heads. Additionally, Rs.1,20,932/- towards medical expenses and Rs.15,000/- towards traveling expense. Thus, total compensation of Rs. 5,62,332/- with interest @ 6% per annum, in favour of the appellants/claimants. 4. Learned counsel for the appellants/claimants submits that the claimants have pleaded the income of the deceased as Rs.12,000/- per month but the learned Claims Tribunal has only assessed notional income as Rs. 4,500/- per month which is on the lower side. Learned counsel for appellants also submits that the Tribunal has awarded lesser compensation under other heads which also needs to be enhanced suitably. Therefore, this appeal may be allowed. 5. On the other hand, it has argued on behalf of the counsel for the respondents that in the facts and circumstances of case, the compensation awarded by the Learned Claims Tribunal is just and proper and requires no further enhancement. 6. Heard counsel for the parties and perused the documents available on record. 7. 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. 8. Now this Court shall examine as to whether the compensation 4 of Rs.5,62,332/- awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 9. As regards income of the deceased, keeping in mind the wage structure prevailing on the date of accident, price index and cost of living etc., I find it appropriate to take income of deceased as Rs. 5,517/- per month. The annual income of the deceased comes to Rs. 66,204/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680, considering the age of the deceased as 60 years, after adding 10% towards future prospects, as has rightly held by the tribunal i.e. Rs. 6,620/-, the annual income of the deceased comes to Rs. 72,824/-. 10. The deceased was married and the claimants are the wife and children (total No.3) of the deceased so deduction towards personal and caring expenses would be 1/3 i.e., 24,274/-, as has rightly held by the Tribunal, the annual dependency comes to Rs. 48,550/-. 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 considering the age of the deceased, after applying multiplier of 09, as has rightly held by the Claims Tribunal, the total loss of dependency works out to Rs. 4,36,950/-. The claimants are further entitled for loss of estate Rs. 15,000/-, for funeral expenses Rs. 15,000/- and as per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the claimants are further entitled for loss of love and affection Rs. 40,000/- each i.e. Rs.1,20,000/-. The amount of Rs.1,20,932/- towards medical expenses and Rs.15,000/- towards traveling expense during treatment, as has rightly held by the tribunal. Therefore, the claimants would become entitled for total compensation of Rs. 7,22,882/-. Thus, the claimants are entitled for compensation in the following manner:- 5 S.No. Heads Calculation 01 Compensation towards dependency Rs. 4,36,950/- 02 Towards loss of estate Rs. 15,000/- 03 Towards Love and affection to all the three claimants @ Rs. 40,000/- Rs. 1,20,000/- 04 Towards Funeral Expenses Rs. 15,000/- 05 Towards medical expenses Rs. 1,20,932/- 06 Towards traveling expense Rs. 15,000/- Total compensation Awarded Rs. 7,22,882/- 11. Thus, the total compensation is recomputed as Rs. 7,22,882/-. After deducting Rs. 5,62,332/- as awarded by the tribunal, the enhancement would be Rs. 1,60,550/-. The enhanced amount will carry interest @ 6% per annum from the date of enhancement of the award till its realization. 12. Accordingly, the appeal of the appellants is partly allowed to the extent indicated hereinabove and rest of the conditions shall remain intact. 13. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.