1 2025:CGHC:54797 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2229 of 2019 1. Shekhar Chand Jain S/o. Late Hajari Lal Jain Aged About 52 Years Residence Of Main Road Sonarpal Police Station Bhanpuri District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 2. Smt. Radha Jain W/o. Shekhar Chand Jain Aged About 50 Years Both Are Residence Of Main Road Sonarpal Police Station Bhanpuri District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ... Appellant(s) versus 1. Dharmendra Kumar Baghel S/o. Mehatarram R/o. Satnami Para Village Dewada Post Sonarpal Police Station Bhanpuri District Bastar Chhattisgarh (Driver Of The Vehicle), District : Bastar(Jagdalpur), Chhattisgarh 2. Ramkhilawan Verma S/o. Neelkanth Verma R/o. Main Road Sonarpal Post Sanarpal Police Station Bhanpuri District Bastar Chhattisgarh (Owner Of The Vehicle), District : Bastar(Jagdalpur), Chhattisgarh 3. The Chola Mandalam General Insurance Co. Ltd. Through Branch Manager Branch Office Simran Tower Second Floor Opposite L.I.C. Building Pandari Road Raipur District Raipur Chhattisgarh (Insurer), District : Raipur, Chhattisgarh ... Respondent(s) For Appellants/Claimants : Mr. Vikas Patel, Advocate holding the brief of Mr. Pravin Kumar Tulsyan, Advocate For Respondent No. 3 : Mr. Ghanshyam Patel, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 11.11 .2025 1. This appeal has been preferred by the claimants/appellants for enhancement of compensation against award passed by the learned 2nd Additional Motor Accident Claims Tribunal, Jagdalpur, District Bastar in Claim Case No. 43/2019 dated 25.07.2019, whereby the learned Tribunal SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.11.13 14:06:03 +0530 2 has passed an award to the tune of Rs. 9,77,200/- with interest at the rate of 9% per anum on account of death of Shashi Jain. 2. Mr. Vikas Patel, Advocate appearing for the appellants/claimants would submit that on 17.11.2018 at about 08.30 am driver of the offending Pickup bearing registration No. CG 17 KM 0131 by driving it rashly and negligently dashed the deceased namely Shashi Jain, consequently, he sustained injury and died. He would further submit that age of the deceased was 24 years, he was a bachelor and earning Rs. 20,000/-. He would also submit that the claimants who are parents claimed compensation to the tune of Rs. 35,40,000/-. He would contend that the learned Tribunal has assessed notional income of the deceased Rs. 6,000/- per month, which is at lower side looking to minimum wages matrix. He would further contend that the learned Tribunal has awarded compensation for loss of consortium to one of the claimants. He would pray to enhance the compensation accordingly. 3. On the other hand, Mr. Ghanshyam Patel, Advocate appearing for respondent No. 3 would submit that the learned Tribunal has passed just and proper compensation and the instant appeal deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the records. 5. Admittedly, age of the deceased was 24 years and he was bachelor. The claimants could not prove income of the deceased Rs. 20,000/- by leading evidence; therefore, the learned Tribunal ought to have applied minimum wages matrix applicable in the State of Chhattisgarh at the relevant time to assess the monthly income of the deceased. The wages admissible to unskilled labourer in the month of November, 2018 was Rs. 8140/- and the learned Tribunal ought to have taken that figure into account while assessing the income part. Further, the learned Tribunal has awarded compensation to one of the claimants for loss of consortium, whereas 3 another claimant is also entitled. 6. Considering the facts and circumstance of the case, material available on record and in the light of judgment passed by the Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi, reported in 2017 (16) SCC 680, Sarla Verma & Ors Vs. Delhi Transport Corporation & Ors. reported in 2009(6) SCC 121 and Magma General Insurance Co. Ltd. V. Nanu Ram @ Chuhru Ram & Ors. reported in 2018 (18) SCC 130, this Court is recomputing the compensation as below:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 6,000 x12 = Rs. 72,000/- Rs. 8,140 x12 = Rs. 97,680/- 2. Future Prospect (40%) = Rs. 28,800/- (40%) = Rs. 39,072/- 3. Deduction (-) 1/2 Rs. 50,400/- Rs. 50,400/- (-) 1/2 Rs. 68,376/- Rs. 68,376/- 4. Multiplier (x) 18 = Rs. 9,07,200/- (x) 18 = Rs. 12,30,768/- 5. Loss of Estate Rs. 15000/- Rs. 15000/- 6. Funeral expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of consortium (for appellant No. 1) Rs. 40,000/- Rs. 40,000/- 8. Loss of consortium(for appellant No. 2) NIL Rs. 48,000/- TOTAL Rs. 9,77,200/- Rs. 13,48,768/- 7. For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs. 9,77,200/- awarded by the tribunal is enhanced to Rs. 13,48,768/-. Hence, after deducting the amount of Rs. 9,77,200/-, 4 the appellants/claimants are held entitled for an additional amount of Rs. 3,71,568/- with interest at the rate of 9%. The Insurance company is directed to deposit enhanced amount of compensation within a period of 60 days from the date of receipt of copy of this order. The appellants shall not be entitled to receive any interest for the period of delay caused in filing this appeal. Rest of the conditions of impugned award shall remain intact. 8.Accordingly, the instant appeal is hereby partly allowed. Sd/- (Rakesh Mohan Pandey) Judge $iddhant