1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 12 of 2019 1 - Ashok Pal (Died Through LRs) As Per Hon'ble Court Order Dated 19-06-2025 1.1 - Bhagtin Bai Pal Wd/o Late Ashok Pal Aged About 53 Years R/o Bramhdev Nagar, Near Bramha Nagar, Labhandi, Police Station Telibandha, Tahsil And District Raipur Chhattisgarh 1.2 - Raghu Pal S/o Late Ashok Pal Aged About 34 Years R/o Bramhdev Nagar, Near Bramha Nagar, Labhandi, Police Station Telibandha, Tahsil And District Raipur Chhattisgarh 1.3 - Milan Pal S/o Late Ashok Pal Aged About 30 Years R/o Bramhdev Nagar, Near Bramha Nagar, Labhandi, Police Station Telibandha, Tahsil And District Raipur Chhattisgarh 1.4 - Suresh Pal S/o Late Ashok Pal Aged About 32 Years R/o Bramhdev Nagar, Near Bramha Nagar, Labhandi, Police Station Telibandha, Tahsil And District Raipur Chhattisgarh 1.5 - Seema Dhinkar D/o Late Ashok Pal Aged About 31 Years R/o Ward No. 06, Gandhi Chowk, Belhari, Post Belhari, Durg, District Durg Chhattisgarh ... Appellant (s) versus 1 - Smt. Pritha Ranjeet W/o P.J. Ranjit R/o Plot No. 45, varindavan Colony Mig 37, Nera Housing Board Colony Saddu, Raipur Chhattisgarh (Driver And Owner Of The Offending Vehicle Neno Car Eng. No. 273 MPFI 12GUYK10792) 2 - National Insurance Company Limited Through The Branch Manager Division Raipur Second Floor, Mobin Mahal G.E. Road P.B.N.122 Raipur Chhattisgarh. (Insurer Of The Offending Vehicle Neno Car Eng. No. 273 MPFI 12GUYK10792) ... Respondent(s) 2 For Appellant (s) : Shri Rakesh Kumar, Advocate For Respondent No.2 : Shri Qamrul Aziz, Advocate Hon'ble Shri Justice Sachin Singh Rajput Order On Board 26/08/2025 1. Challenge in this appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short ‘M.V.Act’) is to an award dated 29/09/2018 passed by the 3rd Motor Accident Claims Tribunal, District – Raipur, CG (for short ‘Tribunal’) in MACC No.568/2016. 2. By the impugned award, learned Tribunal has awarded a compensation of Rs.13,22,000/- against a claim of Rs.35,24,000/- on account of the injuries sustained by the deceased / claimant – Ashok Pal in a motor accident occurred on 30/01/2016 by rash and negligent driving of the offending vehicle (Nano Car) bearing Eng.No.273MPFI 12GUYK10792 driven and owned by respondent No.1, insured with respondent no.2 / insurance company. 3. Initially, the claimant / insured has filed this appeal. During the pendency of this appeal, he passed away, therefore, the legal representatives of the claimant were brought on record. 4. Learned counsel for the appellant submits that the learned Tribunal has taken monthly notional income of the deceased/applicant as Rs.5,000/- which is on the lower side. Compensation on all other heads is also on the lower side. 5. Learned counsel for respondent No.2/insurance company opposes the submission and submits that just compensation has been awarded by the learned Tribunal. 6. I have heard learned counsel for the parties, considered their rival submissions and perused the records. 3 7. Learned Tribunal has meticulously examined the material available on record awarded compensation in the following manner - 1. Pain and suffering Rs.1,00,000/- 2. Special diet Rs.25,000/- 3. Lump sum Conveyance Charges Rs.25,000/- 4. Attendant Charges Rs.25,000/- 5. Lump sum medical expenses including bills Rs.42,000/- 6. Future medical expenses which may be required to remove further complications Rs.25,000/- 7. Future expenses most likely to be incurred on implantation of artificial limb and removal of defects time to time Rs.1,00,000/- 8. Loss of income Rs.9,75,000/- 9 Miscellaneous expenses Rs.5,000/- 8. The amount awarded on all other heads except for loss of income appears to be reasonable and not disturbed. This Court will only consider the enhancement of compensation with respect to loss of future income. 9. Learned Tribunal has assessed the monthly income of the deceased to Rs.5,000/- which appears to be on the lower side. The date of accident is 30/01/2016. Though the original claimant has passed away, this Court assesses the monthly income of the deceased/claimant to Rs.6,000/- and propose to recompute the compensation taking guidance from the judgments of the Hon’ble Supreme Court in the case of Sarla Verma and ors. v. Delhi Transport Corporation and ors., (2009) 6 SCC 121, National Insurance Co. Ltd. v. Pranay Sethi and ors, (2017) 16 SCC 680 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and ors., (2018) 18 SCC 130 in the following manner - 1 Monthly income Rs.6000/- 2 Future prospects 25% Rs.7500/- 4 (6000 + 1500) 3 Yearly income (7500x12) Rs.90000/- Though the doctor has given disability certificate of 80%, however learned Tribunal has found to be 100%. 4. Multiplier of 13 (90000 X 13) Rs.1170000/- (loss of future income) 5. Award of Tribunal Rs.975000/- Enhanced Compensation Rs.1,95,000/- (1170000-975000) 10. Thus, the appellant is entitled to Rs.1,95,000/- as enhanced compensation. Looking to the facts and circumstances of the case, interest @ 6% is also awarded on the enhanced amount of compensation from the date of filing of this appeal i.e. 10/12/2018 to be deposited within a period of 60 days. 11. The appeal is accordingly partly allowed. Sd/- (Sachin Singh Rajput ) Judge Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.08.29 17:34:16 +0530