1 2025:CGHC:20043 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2124 of 2019 1 - Nizam Singh Dhruv S/o Kushal Singh Dhruv Aged About 58 Years R/o Near Vishrampuri Chowk, Bazarpara, Keshkal, P.S. And Tahsil Keshkal, District- Kondagaon, Chhattisgarh. 2 - Smt. Nirmala W/o Nizam Singh Dhruv Aged About 52 Years R/o Near Vishrampuri Chowk, Bazarpara, Keshkal, P.S. And Tahsil Keshkal, District- Kondagaon, Chhattisgarh. 3 - Amit Kumar Dhruv S/o Nizam Singh Dhruv Aged About 32 Years R/o Near Vishrampuri Chowk, Bazarpara, Keshkal, P.S. And Tahsil Keshkal, District- Kondagaon, Chhattisgarh. 4 - Kumari Anchal Dhruv D/o Nizam Singh Dhruv Aged About 26 Years R/o Near Vishrampuri Chowk, Bazarpara, Keshkal, P.S. And Tahsil Keshkal, District- Kondagaon, Chhattisgarh. ... Appellants versus 1 - I. Been Manoj S/o Andro Caste Kanchan, Aged About 32 Years, R/o Adeshwar Nursing Institute Karamgaon, Tahsil Semra, District- Jagdalpur, Chhattisgarh. (Vehicle Driver). 2 - Johan Denial S/o Y. Yuhanan Aged About 63 Years R/o Rajeev Gandhi Ward Jagdalpur, P.S. Bodhghat, District- Bastar, Chhattisgarh. (Vehicle Owner). 3 - The Oriental Insurance Company Limited Through Branch Manager, Branch Office, Hotel Laxman Avenue, Medical College Road, Jagdalpur, District- Bastar, Chhattisgarh. (Insurer). ... Respondents For Appellants : Mr. Praveen Dhurandhar, Advocate. Digitally signed by HEERA LAL SAHU Date: 2025.05.03 15:59:06 +0530 2 For Respondents No.1 & 2 : Mr. Sourabh Gupta, Advocate For Respondent No. 3 : Ms. M. Asha, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board ( 01 .0 5 .202 5 ) 1. This appeal arises out of the award dated 29.03.2019 passed by Additional Motor Accident Claims Tribunal, Kondagaon (C.G.), in Claim Case No.70/2018 whereby a compensation of Rs. 50,41,967/- with interest @ 6% per annum has been awarded in favour of the claimants/appellants. 2. The gist of the claim before the Claims Tribunal, in brief, was that on 06.03.2018 at about 8:30 pm, deceased Ajay Kumar Dhurv was coming to the house of his aunt at Bhanpuri on his motorcycle Hero Honda sold without number after his duty from Police Station Ghotiya when he reached near Balenga, at that time, the driver/respondent No.1 of offending vehicle Alto car bearing registration No. CG-17-C-2484 driving the vehicle in rash and negligent manner dashed the motorcycle, due to which deceased Ajay Kumar Dhruv sustained grievous injury. Ajay Kumar Dhruv was escorted to Maharani Hospital, Jagdalpur where he was admitted for 27 days from 07.03.2018 to 02.04.2018 and on 02.04.2018 he succumbed to his injuries. The matter was reported to the concerned police and a case was registered. 3. It was claimed before the Tribunal that the deceased was an employee in the police department as a constable and his monthly salary was Rs.33,507/-. At the time of accident, the age of deceased was around 30 years. Due to the casual death of Ajay Kumar Dhruv, there is an irreparable loss to the appellants/claimants who were 3 dependent on the deceased. Therefore, the claimants preferred an application under Section 166 of M.V. Act before the claims Tribunal claiming a total compensation of Rs.72,50,000/-. 4. Learned Claims Tribunal, after considering the evidence and documents available on record, particularly considering the Pay Slip (Ex. P-79) of March – 2018, monthly income of the deceased was taken as Rs. 33,507/-. Since the deceased was 30 years old as per postmortem report Ex.P-6 at the time of accident, 50% future prospects was added and calculated the income of the deceased as Rs. 50,260/- (33,507+16,753) per month i.e. Rs. 6,03,120/- (50,260x12) per annum. Considering the fact that the deceased was salaried person and his income is coming in the tax slab, therefore, 20% flat income tax has been deducted from the income of deceased and calculated the annual income of the deceased at Rs. 4,82,496/- (6,03,120-1,20,624). Further, considering the fact that the deceased was unmarried at the time of accident, therefore, 1/2nd of the income was deducted towards personal expenses, which brings the amount to Rs.2,41,248/- (4,82,496/2) per annum. Considering the age of the deceased to be 30 years, multiplier of 17 was applied and the total loss of dependency calculated to Rs.41,01,216/- (2,41,248x17). In addition, considering the medical bills from Ex.P-12 to Ex. P-74, Rs.8,85,751/- has been awarded towards medical expenses. Further, Rs. 55,000/- has been awarded on other heads. Accordingly, the Claims Tribunal has awarded a total compensation of Rs.50,41,967/- in favour of the claimants with interest @ 6% per annum. Hence, this appeal for enhancement. 5. Learned counsel for appellant/claimant submits that the Tribunal has erred in deducting flat 20% of the income tax 4 from the yearly income of the deceased. He further submits that the compensation given under other heads is on the lower side, which needs to be enhanced suitably. 6. On the other hand, it has been argued on behalf of the respondents that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 7. Heard learned counsel for the parties and perused the record. 8. 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. 9. Now this Court shall examine as to whether the compensation awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 10. As per the salary slip Ex. P-79 of March – 2018 the income of the deceased was Rs.33,507/- per month i.e. Rs. 4,02,084/- per annum, which is not disputed. Since the deceased was a salaried person aged around 30 years at the time of accident, as per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680, the future prospects would be 50% as has rightly been held by the claims tribunal. After adding 50% towards future prospect i.e. Rs.2,01,042/-, the annual income comes to Rs.6,03,126/-. 11. From the annual income of the deceased, there will be statutory deduction towards income tax. The income tax slab for the financial year 2017-2018 was as follows: Income Tax Slabs in the FY 2017-18 Income Tax Rates Taxable Income Total Tax 5 Upto 3 lakh nil Rs. 3,00,000/- nil 3,00,001 to 5 lakh 10% Rs. 2,00,000/- Rs. 20,000/- 5,00,001 to 10 lakh 20% Rs.1,03,126/- Rs. 20,625/- Total Tax Rs. 40,626/- 12.In view of the same, after deduction of income tax, the annual income comes to Rs.5,62,500 (6,03,126 - 40,626). 13.The deceased was aged about 30 years and was unmarried, so deduction towards personal expenses would be 1/2nd i.e. Rs.2,81,250/-, which has rightly been applied by the claim Tribunal. After deduction of personal expenses, the annual dependency comes to Rs.2,81,250 (5,62,500- 2,81,250). In view of judgment of the Hon’ble Supreme Court in the case of 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 and also considering the age of the deceased, the multiplier of 17 applied by the Tribunal is proper and after applying the said multiplier, the total loss of dependency works out to Rs.47,81,250/- (2,81,250 x 17). The claimant is also entitled for Rs. 15,000/- towards loss of estate and Rs.15,000/- for funeral expenses. As per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the claimants are further entitled for Rs. 40,000/- each i.e. Rs. 1,60,000/- towards loss of love and affection. Further, considering the medical bills from Ex.P- 12 to Ex.P-74, the claimants are further entitled to get a compensation of Rs. 8,85,751/- towards medical expenses, Rs. 20,000/- towards mental agony and Rs. 10,000/- towards assistance as has been awarded by the claims tribunal. Accordingly, the claimants would become entitled for a total compensation of Rs. 58,87,001 in the following manner:- 6 Heads Calculation Compensation towards loss of dependency 47,81,250 Loss of estate 15,000 Rs. 40,000/- each, towards love and affection to all 4 claimants 1,60,000 Funeral Expenses 15,000 Towards medical expenses 8,85,751 Towards mental agony 20,000 Towards assistance 10,000 Total Rs. 58,87,001/- 14.Thus, the total compensation is recomputed as Rs.58,87,001/- from which after deduction of Rs.50,41,967/- as awarded by the claims Tribunal, the enhanced compensation would be Rs.8,45,034/-. 15.In the result, the appeal is partly allowed. The claimants shall be entitled for the enhanced compensation of Rs.8,45,034/- in addition to what has already been awarded by the claims Tribunal. The enhanced amount shall carry interest @ 6% per annum from the date of enhancement of the award till its realization. Accordingly, the impugned award stands modified to the above extent and rest of the conditions shall remain intact. 16.The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Claims Tribunal. 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 reside. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu