1 2025:CGHC:44429 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 177 of 2024 1 - Asharam S/o Kusnuram Aged About 58 Years R/o Village Badekanera, P.S. And Tahsil Kondagaon District Kondagaon (C.G.) 2 - Smt. Nehsobai Kashyap W/o Asharam Aged About 44 Years R/o Village Badekanera, P.S. And Tahsil Kondagaon District Kondagaon (C.G.) 3 - Kumari Sarit Kashyap D/o Asharam Aged About 11 Years Minor Through Appellant No. 1 And 2 (Parents), R/o Village Badekanera, P.S. And Tahsil Kondagaon District Kondagaon (C.G.) 4 - Nakul Kashyap S/o Asharam Aged About 12 Years Minor Through Appellant No. 1 And 2 (Parents), R/o Village Badekanera, P.S. And Tahsil Kondagaon District Kondagaon (C.G.) 5 - Kumari Prembati D/o Asharam Aged About 12 Years Minor Through Appellant No. 1 And 2 (Parents), R/o Village Badekanera, P.S. And Tahsil Kondagaon District Kondagaon (C.G.) ...Appellant (s) versus 1 - Maneshwar Sinha S/o Pardeshi Ram Sinha Aged About 42 Years R/o Village Borsi, P.S. Magarlod, District Dhamtari (C.G.) Present Address Dashrath Halwal Udaynagar Kanker, P.S. Kanker District North Bastar Kanker (C.G.) (Driver Of The Vehicle) 2 2 - Dashrath Patel S/o Jirjodhan Patel Aged About 52 Years R/o Udaynagar Kanker, P.S. Kanker, District North Bastar Kanker (C.G.) (Ownered Vehicle) 3 - S.B.I. General Insurance Company Limited Through Branch Company Limited, Through Branch Manager, Branch Office 4th Floor, Pujari Chamber, N.H.30 Pachpedi Naka, Dhamtari Road, Raipur (C.G.) (Insurer) ... Respondent(s) For Appellant (s) : Shri Pravin Tulsyan, Advocate For Respondent No.3 : Ms. Santoshi Yadav, counsel on behalf of Shri Utsav Mahiswar, Advocate ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 01/09/2025 This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘M.V.Act’) has been filed challenging the award dated 30/11/2023 passed in MACT No.30/2022 by the Motor Accident Claims Tribunal, Uttar Bastar, Kanker (CG) (for short ‘Tribunal’). By the impugned award, against a claim of Rs.29,91,600/-, learned Tribunal has awarded compensation of Rs.14,81,800/- in favour of the appellants / claimants. 2. The claim application under Section 166 of the MV Act has been filed on account of death of Preetam Kashyap in an accident that occurred on 10.02.2022 by rash and negligent driving of the offending vehicle (Tata Ace Mega) bearing registration No.CG 19 BG 5228 by respondent No.1, owned by respondent No.2 and insured with respondent No.3. As per pleadings of the claim application, the deceased was aged about 21 years and was working in Dashrath Confectionary shop and was earning Rs.12,000/- per month. The appellants / claimant being parents and siblings of the deceased were de Therefore, the aforestated compensation was claimed. 3. The claim application was resisted by the respondents including the insurance company. The respondents 1 and 2 remained ex-parte. The insurance company resisted the claim application by filing written statement denied 3 averments of the claim application and took a plea that there is violation of the terms and conditions of the insurance policy. 4. On the basis of above pleadings, learned Claims Tribunal framed issues and decided the same in favour of the appellants / claimants and awarded the abovestated compensation. 5. Learned counsel for the appellant submits that the amount of compensation is meagre; income should have been taken on higher side. He submits that one of the employees of the employer was examined to prove the attendance register and salary certificate which proves the income of the deceased to Rs.12,000/-,therefore, suitable enhancement may be made. 6. Per contra, learned counsel appearing for respondent No.3 supports the award and submits that the salary certificate does not contain any date and therefore, it cannot be said that he was earning Rs.12,000/- per month. 7. Heard learned counsel for the parties, considered their rival submissions and perused the record. 8. Pleadings of the claim application reflects that the deceased was 21 years of age and he was earning Rs.12,000/- working as labour in a confectionary shop. A salary certificate Ex.P/9 is exhibited, however, it does not contain any date and also written on a letter head. Learned Tribunal disbelieved the salary certificate which in the opinion of this Court appears to be based upon proper reasoning. However, the attendance register of the said confectionary shop was also marked and exhibited indicating therein that the deceased was a regular employee of the establishment and therefore, this Court can safely infer that he was employed there. 9. Taking into consideration the age, dependency, minimum wages etc., this Court assesses the monthly income of the deceased to Rs.10,000/- and taking guidance from the judgments of 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 4 680 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and ors., (2018) 18 SCC 130 propose to recompute the compensation in the following manner - 1. Monthly income Rs.10000/- 2. Future prospects 40% (10000 + 4000) Rs.14000/- 3. Yearly income (14000x12) Rs.168000/- 4. 1/4 deduction for personal expenses (168000/2) Rs.84000/- 5. Multiplier of 18 (84000 X 18) Rs.1512000/- 6. Filial Consortium +Rs.88000/- 7. Loss of estate +Rs.16500/- 8. Funeral expenses +Rs.16,500/- Total Compensation =Rs.1633000/- 10. The learned Tribunal has awarded Rs.14,81,800/- which is deducted from the total compensation now awarded and the enhanced compensation comes to Rs.1,51,200/-. 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 appeal i.e. 22/01/2024 to be deposited by the insurance company within a period of 60 days. On deposit being made, learned Tribunal shall pass appropriate award with regard to apportionment, investment and disbursement. 11. The appeal thus allowed in part. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.09.10 14:14:38 +0530