1 2025:CGHC:54001 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1772 of 2018 1 - Branch Manager The Oriental Insurance Company Limited Through Branch Office- Rama Trade Center, Old Bus Stand, In-Front Of Rajeev Plaza. Bilaspur, Thana- Civil Line, Tahsil And District- Bilaspur, Chhattisagrh....... Insurer Of Vehicle Highwa Number C.G. 11 A 3613., District : Bilaspur, Chhattisgarh. ... Appellant(s) versus 1 - Smt. Dhan Bai W/o Late Harnarayan Kenwat Aged About 33 Years R/o Village- Pahriya, Thana- Baloda, Tahsil- Baloda, District- Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh. 2 - Kumari Priyanka D/o Late Harnarayan Kenwat Aged About 12 Years Minor Through Guardian Mother Smt. Dhan Bai Kenwat, Respondent No.1, R/o Village- Pahriya, Thana- Baloda, Tahsil- Baloda, District- Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh. 3 - Kumari Sakshi D/o Late Harnarayan Kenwat Aged About 7 Years Minor Through Guardian Mother Smt. Dhan Bai Kenwat, Respondent No.1, R/o Village- Pahriya, Thana- Baloda, Tahsil- Baloda, District- Janjgir- Champa, Chhattisgarh.......( Claimants ), District : Janjgir- Champa, Chhattisgarh. 4 - Laxman Prasad (Died Through Lrs) As Per Honble Court Order Dated 01-07-2025. 4.1 - Smt. Bedin Bai W/o Late Laxman Yadav Aged About 30 Years R/o Village Basantpur Thana Jajgir District - Janjgir - Champa (C.G.) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 4.2 - Kumari Durga Yadav D/o Late Laxman Yadav Aged About 7 Years Minor Through Guardian Mother Smt. Bedinbai Aged About 30 Years W/o Late Laxman Yadav R/o Village Basantpur Thana Jajgir District - Janjgir - Champa (C.G.). 5 - Mo. Sauddin S/o Mo. Hadis Aged About 34 Years R/o Birgahni Dewakan, Thana- Janjgir, Tahsil And District- Janjgir Champa, Chhattisgarh.......Owner Of Vehicle Highwa Number C.G.11 A 3613., District : Janjgir-Champa, Chhattisgarh. ... Respondent(s) For Appellant(s) : Mr. Sudhir Agrawal, Advocate. For Respondent(s) No. 1 to 3 : Mr. A.L. Singroul, Advocate. For Respondents No. 4 & 5 : None. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 04/11/2025 1. The present is Insurance Company’s appeal assailing the award dated 7.7.2018 passed by the learned 1st Additional Motor Accident Claims Tribunal, Bilaspur, District-Bilaspur (C.G.) in Claim Case No. 539/2017, whereby the Claims Tribunal has awarded a compensation of Rs. 16,42,480/- with interest @ 6% per annum in favour of claimants/respondents No. 1 to 3 herein. 2. The insurance company has preferred this appeal while challenging the liability part as well as the quantum of compensation awarded to the claimants. 3. Learned counsel for the appellant submits that the liability which has been fastened upon the insurance company stating that the offending vehicle i.e. Hywa was being run in contravention of the 3 insurance policy. The Tribunal has wrongly held that the vehicle in question was being run in accordance with insurance policy as the vehicle was effective insurance policy on the date and time of accident. There is nothing to show that the vehicle was being run in contravention of the insurance policy which the finding of the learned Claims Tribunal is per se illegal. He further submits that without there being any evidence the Tribunal has assessed the income of the deceased as Rs. 9,360/- per month which is not in accordance with law. 4. On the other hand, learned counsel for the claimants supported the award passed by the learned Claims Tribunal. He further submits that the Tribunal after proper appreciation have passed the award which is neither perverse nor illegal. 5. I have heard learned counsel for the parties and perused the record. 6. From the bare perusal of the record, it appears that the deceased was an electrician and he was running a electrical and electronic shop. The Tribunal has has assessed the income of the deceased on the basis of minimum wages act applicable on the date of incident as the deceased was having degree of Electrician issued by an institution. He was considered to be a skilled labor. The Tribunal has further held that the offending Hywa was not being run in contravention of any policy condition, the vehicle was insured with the insurance company on the date and time of 4 accident. The factum of accident is also not doubtful as has been stated by the learned counsel for the appellant as such this Court of the considered view that the appeal filed by the insurance company on the ground which has not been proved as such the same is liable to be dismissed and accordingly dismissed. 7. Recently, in a judgment rendered by the Hon’ble Supreme Court in Surekha W/o Rajendra Nakhate and others v. Santosh S/o Namdeo Jadhav and others passed in Civil Appeal No.476 of 2020 dated 21.1.2020, in which the Hon’ble Supreme Court has held as under:- “2. Denial of enhanced compensation on ground that claimants failed to file cross appeal, Court should not take hyper technical approach and ensure that just compensation is awarded to affected person or claimants. 3. By now, it is well-settled that in the matter of insurance claim compensation in reference to the motor accident, the court should not take hyper technical approach and ensure that just compensation is awarded to the affected person or the claimants.” 8. On a careful reading of the aforesaid judgment, it is apparent that even in the absence of a cross-appeal or cross-objection, the Court is empowered to award just and proper compensation, keeping in mind the benevolent object of the legislation under the Motor Vehicles Act. 5 9. The tribunal assessed the income of the deceased at Rs. 9,360/- per month i.e. Rs. 1,12,320/- per annum. After adding 40% towards future prospects i.e. Rs. 44,928/-, the annual income comes to Rs. 1,57,248/-. After deduction of 1/3 of the income i.e. Rs. 52,416/- for personal expenses, the amount would be Rs. 1,04,832/- and considering the age of the deceased to be 36 years and the claimants are the wife and children of the deceased, the Tribunal applied the multiplier of 15 and calculated the total loss of dependency as Rs. 15,72,480/-. Further Rs. 15,000/- towards funeral expenses, Rs. 15,000/- towards loss of estate and Rs. 40,000/- towards loss of consortium has been awarded. Accordingly, the Claims Tribunal has awarded total compensation of Rs. 16,42,480/- in favour of the wife and children of the deceased with interest @ 6% per annum, from the date of application till its realization. 10. The Tribunal keeping in mind the nature of occupation, date of accident, wage structure prevailing on the date of accident and also the evidence available on record, assessed the income of the deceased at Rs. 9,360/- per month which appears to be proper. Hence, accepting the income of the deceased Rs. 9,360/- per month, the annual income comes to Rs. 1,12,320/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding 40% towards future prospects i.e. Rs. 44,928/-, the annual income comes to Rs. 1,57,248/-. 6 11. Considering the fact that the deceased was aged about 36 years and the appellant/claimants are the wife and children of the deceased so deduction towards personal expenses would be 1/3 (Rs. 52,416/-) of the income and after deduction of the same the annual dependency comes to Rs. 1,04,832/-. In view of judgment of the Hon’ble Supreme Court in Sarla Verma (Smt.) and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 and National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 and also considering the age of the deceased, after applying multiplier of 15, the total loss of dependency works out to Rs. 15,72,480/-. The claimants are further entitled for Rs. 18,000/- towards loss of estate (increase of 10% in every three years) and Rs. 18,000/- for funeral expenses (increase of 10% in every three years). As per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the claimants are further entitled for Rs. (40,000X3+10% +10%) each (with increase of 10% in every three years) i.e. Rs. 1,44,000/- for consortium. Accordingly, the appellants/claimants i.e. wife and children of the deceased would become entitled for total compensation of Rs. 17,52,480/- in the following manner:- S.No. Heads Calculation 01 Towards loss of dependency Rs. 15,72,480/- 02 Towards consortium along with with increase of 10% in every three years (40,000X3+10% +10%). Rs. 1,44,000/- 7 03 Towards loss of estate along with increase of 10% in every three years. Rs. 18,000/- 04 Towards Funeral Expenses along with increase of 10% in every three years. Rs. 18,000/- Total Rs. 17,52,480/- 12. Thus, the total compensation is recomputed as Rs. 17,52,480/-. After deducting Rs. 16,42,480/- as awarded by the tribunal, the enhancement would be Rs. 1,10,000/-. 13. It is directed that the enhancement of compensation be intimated to the claimants at their given address through the concerned District Legal Services Authority (‘DLSA’). The Registry is directed to forward a copy of this judgment to the claimants as well as to the concerned DLSA with a further direction to ensure that the claimants may receive the enhanced compensation upon filing suitable proof before the concerned learned Claims Tribunal. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat