1 2025:CGHC:48431 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2300 of 2019 1. Ramlakhan Baiga S/o Revti Prasad Baiga Aged About 27 Years R/o Village Udki, Police Station Janakpur, District Koriya, Chhattisgarh. (Driver Of Offending Vehicle), District : Koriya (Baikunthpur), Chhattisgarh 2. Raghunath Baiga S/o Babola Baiga Aged About 30 Years R/o Village Udki, Police Station Janakpur, District Koriya, Chhattisgarh. (Owner Of Offending Vehicle), District : Koriya (Baikunthpur), Chhattisgarh ... Appellant(s) versus 1. Premlal Singh S/o Shankar Singh Aged About 47 Years R/o Village Bela, Tahsil Bharatpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 2. Ramkali W/o Premlal Aged About 42 Years R/o Village Bela, Tahsil Bharatpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Respondent(s) For Appellants : Mr. Anil Gulati, Advocate For Respondents : Mr. Rajendra Kumar, Advocate on behalf of Mr. Shobhit Koshta, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 19/09/2025 1) By way of this appeal, appellants, who are the driver and owner of offending vehicle have assailed the award passed by learned First Digitally signed by AJINKYA PANSARE Date: 2025.09.23 10:15:51 +0530 2 Additional Motor Accident Claims Tribunal, Manendragarh, District–Koriya(C.G.) in Claim Case No. 10/2017 dated 12.04.2019 whereby learned Tribunal has passed an award to the tune of Rs. 6,52,000/- on account of death of Subhkaran and liability has been fastened on appellants. 2) Facts of the present case as per claim application are that on 18.09.2016, deceased Subhkaran was going from Village Janakpur to Khadkho on motorcycle being driven by appellant No. 1. Due to rash and negligent driving, Subhkaran fell from the motorcycle and received multiple injuries. Thereafter, he was hospitalized for considerable period and later on, he died on 19.11.2016 at Dr. Bhimrao Ambedkar Hospital, Raipur. Appellant No. 2 was the owner of offending motorcycle bearing registration No. CG-16-CD-2150. The age of deceased was 24 years at the time of death and he was earning Rs. 6,000/- per-month. Learned Tribunal after appreciating oral as well as documentary evidence, passed an award to the tune of Rs. 6,52,000/- and fastened liability on appellants. 3) Learned counsel for the appellants submits that deceased was unmarried at the time of death and claim case has been filed by his parents but learned Tribunal deducted only 1/3rd towards personal and living expenses of the deceased whereas as per the law laid down by the Hon’ble Supreme Court in the matter of Sarla Verma & Ors Vs. Delhi Transport Corporation & Ors1 , 1. (2009) 6 SCC 121 3 deduction towards personal and living expenses should be 50%. He prays to modify the award accordingly. 4) On the other hand, learned counsel appearing for the respondents submits that learned Tribunal has passed just and proper award. 5) Heard learned counsel for the parties and perused the record with utmost circumspection. 6) Perusal of the record would show that learned Tribunal committed an error of law while deducting 1/3rd for personal and living expenses of deceased instead of 50%. However, in the instant appeal, other part of award has not been challenged by the appellants – driver and owner of offending vehicle and no cross- appeal has been preferred by the claimants for enhancement of compensation awarded by the Tribunal. 7) In view of above, this Court is re-computing the compensation herein below :- Sr. No. Heads Compensation awarded by this Court 1. Annual Income Rs. 4,500/- x 12 = Rs. 54,000/- 2. Annual income after Deduction towards personal expenses @ 50% Rs. 27,000/- 3. Annual Income after applying Multiplier(17) Rs.27,000/- x 17 = Rs. 4,59,000/- 4. Loss of Consortium Rs. 40,000/- TOTAL Rs. 4,99,000/- 4 8) Accordingly, the amount of compensation of Rs.6,52,000/- awarded by the Claims Tribunal is reduced to Rs.4,99,000/- and appellants herein i.e. driver and owner of the offending vehicle are directed to make payment of compensation assessed herein- above within period of 60 days, strictly in accordance with the terms and conditions of award laid down by the Tribunal. 9) Accordingly, the appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- Rakesh Mohan Pandey JUDGE A j i n k y a