1 2025:CGHC:52418 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 583 of 2019  Devnarayan Singh S/o Late Mohan Lal Aged About 40 Years R/o Village Kotalal, Post Mahora, Police Station Patna, Tahsil Baikunthpur, District Korea Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Appellant(s) versus 1. Shankar Singh S/o Sitaram Aged About 39 Years R/o Village Akharadand, Police Station And Tahsil Khadgawan, District Korea Chhattisgarh.(Driver Orf Offending Vehicle Tractor Bearing Registration No. C.G. 16e/0454), District : Koriya (Baikunthpur), Chhattisgarh 2. Balgovind S/o Dharampal Aged About 55 Years R/o Village Akharamdand, Police Station And Tahsil Kahdgawan, District Korea Chhattisgarh.(Owner Orf Offending Vehicle Tractor Bearing Registration No. C.G. 16e/0454), District : Koriya (Baikunthpur), Chhattisgarh 3. The Oriental Insurance Company Ltd. Branch Mahendragarh, District Korea Chhattisgarh. (Insurer Orf Offending Vehicle Tractor Bearing Registration No. C.G. 16e/0454), District : Koriya (Baikunthpur), Chhattisgarh 4. Divyanand @ Viraju Toppo S/o Late Tilak Toppo Aged About 30 Years R/o Kotaktal, Police Station Patna, Tahsil Baikunthpur, District Korea Chhattisgarh (Driver Of Jeep Vehicle), District : Koriya (Baikunthpur), Chhattisgarh ... Respondent(s) For Appellant : Mr. Kaushal Yadav, Advocate For Respondents No. 1 and 2 : Mr. Praveen Dhurandhar, Advocate For Respondent No. 3 : Mr. Bhupendra Singh, Advocate on behalf of Mr. Arun Shukla, Advocate For Respondent No. 4 : Mr. Adarsh Rajput, Advocate Digitally signed by AJINKYA PANSARE Date: 2025.10.28 14:18:59 +0530 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 28-10-2025 1) Appellant has filed this appeal under Section 173 of The Motor Vehicles Act, 1988 for enhancement of the compensation, against award passed by the learned Additional Motor Accident Claims Tribunal (F.T.C.), Koriya (Baikunthpur) (C.G.) in Claim Case No. 20/2018 dated 11.10.2018 whereby Claims Tribunal has awarded a sum of Rs. 3,17,116/- in favor of claimant on account of death of Mohan Lal. 2) Facts of the present case are that on 19.4.2016, at about 7:00 a.m., the claimant along with his father, namely, Mohan Lal were going from Kotaktal to Tuman in Jeep vehicle. When they reached near Village Majholi, the offending vehicle (tractor-trolley) bearing registration No. CG-16-E-0454 being driven by respondent No. 1 herein driving it rashly and negligently, dashed the Jeep. In the accident, Mohan Lal sustained grievous injuries and died on the spot. The claimant, who is the son of deceased moved claim application claiming therein Rs. 23,55,000/-. He pleaded that the deceased was a retired employee of SECL and used to earn Rs. 2,350/- as pension. Driver and Owner of the offending vehicle filed reply and denied the averments made in claim application. Insurance Company also filed reply and took a plea of breach of conditions of insurance policy. Claims Tribunal framed issues ; parties led evidence and award impugned was passed. 3 3) Learned counsel appearing for the appellant/ claimant submits that Claims Tribunal has assessed the notional monthly income of the deceased to be Rs. 4,854/- which appears to be on lower side and Claims Tribunal ought to have applied the minimum wage matrix applicable in the State of Chhattisgarh at the relevant time to assess the notional monthly income. He further submits that Claims Tribunal failed to award compensation towards future prospects, therefore award impugned requires recomputation. 4) On the other hand, Mr. Bhupendra Singh, counsel appearing for the Insurance Company submits that claimant has failed to prove that he was dependent on the income of the deceased as at the time of accident, age of claimant was 40 years and he had personal source of income. He further submits that Claims Tribunal has not awarded compensation towards future prospects taking into account that the age of deceased was more than 60 years. He contends that Claims Tribunal has awarded just and proper compensation. 5) Mr. Praveen Dhurandhar and Mr. Adarsh Rajput, counsel appearing for the respective respondents would endorse the submission made by Mr. Bhupendra Singh. 6) Heard learned counsel for the parties and perused the record with utmost circumspection. 7) Admittedly, the deceased was a retired employee of SECL and his age was more than 65 years. He was receiving pension of Rs. 2,350/-. According to the minimum wage matrix applicable in the 4 State of Chhattisgarh in year 2016, minimum wages payable to an unskilled labourer was Rs. 6,000/- and the Claims Tribunal has considered the income to be Rs. 4,854/- taking into account that the deceased was receiving monthly pension, therefore finding recorded by the Claims Tribunal with regard to assessment of income of the deceased appears to be reasonable as the deceased was not working as a labourer, rather he was a pensioner. 8) Claims Tribunal has rightly deducted 50% dependency towards personal and living expenses of the deceased looking to the number of dependents. Claims Tribunal has awarded Rs. 40,000/- towards loss of consortium to the claimant and awarded Rs. 15,000/- towards funeral expenses. Claims Tribunal has also applied multiplier of 9 taking into account the age of the deceased. Claims Tribunal has not granted compensation towards future prospects as age of the deceased was more than 60 years. 9) Taking into consideration the above-discussed facts, in the opinion of this Court, Claims Tribunal has awarded just and proper compensation and there is no scope for interference. Consequently, this appeals fails and is hereby dismissed. No order as to cost(s). Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a