1 2025:CGHC:19334 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 113 of 2021 1. Ramprasad S/o Hiran Sai Aged About 61 Years R/o Village Tulsi, Police Outpost- Latori, P.S. Jainagar, Tehsil And District Surajpur, Chhattisgarh..... Claimant/applicant No. 1 2. Smt. Krishna Bai W/o Ranjit Aged About 28 Years R/o Village Tulsi, Police Outpost- Latori, P.S. Jainagar, Tehsil And District Surajpur, Chhattisgarh..... (Claimant/applicant No. 2) 3. Ajay S/o Ranjit Aged About 7 Years Minor Through Their Mother Smt. Krishna Bai W/o Ranjit Aged 28 Years, R/o Village Tulsi, Police Outpost- Latori, P.S. Jainagar, Tehsil And District Surajpur, Chhattisgarh..... (Claimant/applicant No. 3) 4. Vijay S/o Ranjit Aged About 5 Years Minor Through Their Mother Smt. Krishna Bai W/o Ranjit Aged 28 Years, R/o Village Tulsi, Police Outpost- Latori, P.S. Jainagar, Tehsil And District Surajpur, Chhattisgarh..... (Claimant/applicant No. 4) ... Appellants Versus 1. Nanda Singh S/o Aghnu Singh Aged About 61 Years Caste Gond, R/o Village Tulsi, (Nawapara) Police Outpost- Latori, P.S. Jainagar, Tehsil And District Surajpur, Chhattisgarh..... (Owner Of Motor Cycle /Offending Vehicle Bearing No. CG-15/DG-2286)----------- (Non- applicant No. 1) 2. Basant Singh Gond S/o Madwadi Gond Aged About 21 Years R/o Village Tulsi (Navapara) Police Outpost Latori, P. S. Jainagar, Tehsil And District Surajpur Chhattisgarh .........(Driver Of Motor Cycle/offending Vehicle Bearing No. CG-15 DG 2286)............(Non Applicant No. 02) 3. Branch Manager I. C. I. C. I. General Insurance Corporation Ltd. Office At First Floor, Guru Ieopard Tower, Above Axix Bank, Main Road Vyapar Vihar Bilaspur, Chhattisgarh .........(Insurance Company Of Motor Cycle/offending Vehicle Bearing No. CG-15 DG 2286)............ (Non Applicant No. 03) ... Respondents For Appellants : Mr. Sushil Dubey, Advocate For Respondents No. 1 & 2 For Respondent No. 3 : : Mr. R.V. Ram Rajwade, Advocate Mr. Suraj Patel, Advocate holding the brief of Mr. Shobhit Mishra, Advocate Digitally signed by RAMESH KUMAR VATTI 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 29/04/2025 1. This is the claimants’ appeal filed under Section 173 of the Motor Vehicles Act for enhancement of compensation awarded by the Motor Accident Claims Tribunal (for short the ‘Tribunal’), Surajpur, District Surajpur (C.G.) vide award dated 16.12.2020 passed in Claim Case No. 28/2019. 2. The claimants/appellants are the unfortunate father, wife and sons of the deceased namely Ranjit. 3. The facts of the case are that on the date of the accident i.e. 30.09.2018 at about 08:30 pm, the deceased was going on his Motorcycle bearing registration No. CG 15 GR 9961 towards Tulsi Basti from Banaras Road, at that time respondent No.2/non-applicant No. 2, the rider of the offending motorcycle bearing registration No. CG 15 DG 2286, riding the said offending vehicle rashly and negligently dashed the motorcycle of the deceased, as a result thereof, the deceased Ranjit sustained grievous injuries and died during the course of treatment. 4. The claimants claimed compensation of Rs.40,00,000/- by filing a claim petition under Section 166 of the Motor Vehicles Act for the death of the deceased in a road accident. 5. The learned Tribunal has awarded compensation of Rs.13,55,200/- in favour of the appellants/claimants with interest @ 8% per annum from the date of the application till its realization. The learned Tribunal fastened liability with the respondents/non-applicants jointly and severally. 3 6. Mr. Sushil Dubey, learned counsel appearing for the appellants/claimants would submit that the deceased namely Ranjit met with the accident on 30.09.2018. He would contend that the deceased was a driver and was earning Rs.20,000/- per month, but the learned Tribunal considered the income of the deceased at Rs.200/- per day which is on the lower side. He would contend that the minimum wages payable to skilled labour from 01.04.2018 to 30.09.2018 in the State of Chhattisgarh was Rs.8,100/- per month. He would also submit that the income of the deceased may be revisited accordingly. He would further argue that the learned Tribunal has only awarded Rs.40,000/- on the head of loss of consortium to the claimants. 7. Mr. Suraj Patel, learned counsel appearing for the Insurance Company/respondent No. 3 would submit that the learned Tribunal has passed a just and proper award. He would contend that the appeal deserves to be dismissed. 8. I have heard the learned counsel appearing for the parties and perused the impugned award including the records of the Tribunal. 9. Perusal of the record would show that the deceased was working as a driver. The learned Tribunal considered the income of the deceased as Rs.200/- per day. The minimum wage in the year 2018 was Rs.8,100/- per month. Thus, the learned Tribunal has assessed the income of the deceased on the lower side. Further, the learned Tribunal has awarded Rs.40,000/- on the head of loss of consortium to the claimants. Whereas according to the judgment passed by the Hon’ble Supreme in the matter of National Insurance Co. Ltd. Vs. Pranay Sethi, (2017) 16 SCC 680, each of the claimants is entitled to a sum of Rs. 40,000/- for the loss of consortium. 4 10. Taking into consideration the above-discussed facts and the law laid down by the Hon’ble Supreme Court in the matter Pranay Sethi (supra), the compensation is revisited herein below:- Sl. No. Heads Calculation (In rupees) 1. Income of the deceased @ Rs.8,100/- per month Rs.97,200/- per annum 2. 40% towards future prospects added to annual income (Rs.97,200/- + Rs.38,880/-) = Rs.1,36,080/- 3. 1/4 deduction towards personal and living expenses of the deceased Rs.1,36,080 -.34,020 = Rs.1,02,060/- (Net Annual Income) 4. Multiplier of 17 applied to assess loss of dependency Rs.1,02,060/- X 17=Rs.17,35,020/- 5. Loss of consortium to the claimants (Rs.40,000/- X 4) Rs.1,60,000/- 6. Loss of estate Rs.15,000/- 7. Funeral expenses Rs.15,000/- Total Compensation Rs.19,25,020/- Since the Tribunal has already awarded Rs.13,55,200/-, after deducting the same from the above amount Rs.19,25,020/- - Rs.13,55,200/- = Rs.5,69,820/- the Claimants/Appellants are held entitled to an additional compensation of Rs.5,69,820/- with interest as awarded by the Tribunal. 5 11. As a result, the appeal filed by the Claimants is allowed in part with modification in the impugned award to the above extent. However, the rest of the conditions of the impugned award shall remain intact. 12. No order as to costs. Sd/- (Rakesh Mohan Pandey) Judge vatti