1 2025:CGHC:53575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2430 of 2024 1. Kajal Goswami Wd/o Late Kamleshpuri Goswami Aged About 27 Years R/o Village Chikhli, Dharsiva Raipur, District Raipur (Chhattisgarh) 2. Shreya Goswami D/o Late Kamlesh Goswami Aged About 5 Years Minor Through Her Natural Guardian, Kajal Goswami, Aged About 27 Years, Widow Of Late Kamleshpuri Goswami, R/o Village Chikhli, Dharsiva Raipur, District Raipur (Chhattisgarh) 3. Siddheshwari Goswami W/o Shri Parmanandpuri Goswami Aged About 51 Years R/o Village Chikhli, Dharsiva Raipur, District Raipur (Chhattisgarh) 4. Parmanand Goswami S/o Shri Basauha Puri Goswami Aged About 60 Years R/o Village Chikhli, Dharsiva Raipur, District Raipur (Chhattisgarh) ... Appellants versus 1. Kantilal Verma S/o Shri Dayaram Verma R/o. Qtr No. 178, Ward No. 16, Purani Basti, Kandul, Raipur, District Raipur (C.G.)(Owner And Driver Of Car No. Cg04lg-4709) 2. The New India Insurance Company Limited Through The Divisional Manager, The New India Insurance Company Limited, Premises Of Life Insurance Company Limited, Pandaritarai Pandari, Raipur, Distt. Raipur (Chhattisgarh) (Insurer Of Car No. Cg04lg-4709) ... Respondents Digitally signed by AJINKYA PANSARE Date: 2025.11.04 16:39:31 +0530 2 For Appellants : Ms. Dhaneshwari Patel, Adv. For Respondent No.1 : None, though served For Respondent No.2 : Ms. Pooja Yadav, Adv. on behalf of Mr. Shivendu Pandya, Adv. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 3-11-2025 1) This appeal has been preferred by the appellants/ claimants under Section 173 of Motor Vehicle Act, 1988 assailing the award passed by learned Seventh Motor Accident Claims Tribunal, Raipur in Claim Case No. 34/2022 dated 23.9.2024 whereby Claims Tribunal has passed an award to the tune of Rs. 20,23,400/- with interest @ 9% on account of death of Kamleshpuri Goswami. 2) Facts of the present case are that on 2.12.2021, in between 8:00 a.m. to 10:45 a.m., Kamleshpuri Goswami was going on his motorcycle. When he reached near HP Gas Godown, Kumahari, the offending vehicle (car) bearing registration No. CG-04-LG- 4709 being driven by respondent No. 1 in rash and negligent manner, dashed Kamleshpuri Goswami In the accident, Kamleshpuri Goswami sustained grievous injuries and died on the spot. Claimants, who are parents, widow and daughter of the deceased moved a claim application claiming therein compensation to the tune of Rs. 82,00,000/-. Claims Tribunal framed issues ; parties led evidence and Claims Tribunal passed the award. 3 3) Learned counsel for the appellants submits that the deceased was was a Crane Operator aged about 32 years but Claims Tribunal has assessed the notional income of the deceased to be Rs. 9,000/- per month which is not in consonance with the minimum wage matrix applicable in the State of Chhattisgarh at the relevant time. She fairly submits that under conventional heads, Claims Tribunal has awarded just and proper compensation. She prays to modify the award accordingly. 4) On the other hand, learned counsel appearing for the Insurance Company submits that Claims Tribunal has awarded just and proper compensation and this appeal deserves to be dismissed. 5) Heard learned counsel for the parties and perused the record with utmost circumspection. 6) Admittedly, Claims Tribunal has assessed the monthly income of the deceased to be Rs. 9,000/- whereas according to the minimum wage matrix applicable in the State of Chhattisgarh, minimum wages payable to a skilled labourer in December, 2021 was Rs. 10,700/- per month and Claims Tribunal ought to have considered that figure. However, under other conventional heads Claims Tribunal has awarded just and proper compensation and same does not warrant any interference. 7) Thus, in light of the aforesaid discussion, this Court is re- computing the compensation as below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 4 1. Annual Income Rs. 9,000 x 12 = Rs. 1,08,000/- Rs.10,700 x 12 = Rs. 1,28,400/- 2. Annual Income adding Future Prospect Rs.1,51,200/- (@40%) Rs.1,79,760/- (@40%) 3. Annual income after Deduction towards personal expenses Rs.1,13,400/- (@1/4) Rs.1,34,820/- (@1/4) 4. Annual Income after applying Multiplier Rs. 18,14,400/- (@16) Rs.21,57,120/- (@16) 5. Loss of Estate Rs. 16,500/- Rs. 16,500/- 6. Funeral expenses Rs. 16,500/- Rs. 16,500/- 7. Loss of Consortium Rs. 1,76,000/- Rs. 1,76,000/- TOTAL Rs. 20,23,400/- Rs.23,66,120/- 8) Accordingly, the amount of compensation of Rs.20,23,400/- awarded by the Claims Tribunal is enhanced to Rs.23,66,120/-. Hence, the appellants are entitled for an additional amount of Rs. 3,42,720/-. The Insurance Company is directed to make payment of additional compensation assessed herein-above within period of 60 days with interest @ 9% p.a. from date of application, failing which, the said amount shall carry an interest @ 18% p.a. 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