1 2025:CGHC:54422 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 797 of 2024 1 - Nazia Parveen W/o Lt. Shehenshah Siddiqui Aged About 26 Years The Appellants Residing- Lalkhadaan Torva, P.S. Torva, Tehsil And District- Bilaspur (C.G.). 2 - Md. Rehan Siddiqui, S/o -Lt. Shehenshah Siddiqui, Aged About 7 Years ( Son Of Deceased) ( Appelllant No. 2 Being Minor Being Duly Represented By His Natural Guardian I.E. Their Mother Appellant No. 1) The Appellants Residing- Lalkhadaan Torva, P.S. Torva, Tehsil And District- Bilaspur ( C.G.). ... Appellants versus 1 - Ramlal Urav S/o Maniram Urav, Aged About 48 Years R/o- Village Saraipali, Post- Sirli, Tehsil And P.S. Sakti, District- Janjgir-Champa (C.G.). (Driver Of Cg 04 Lc 01197). 2 - Mo. Mahavir Coal And Transport Through- Owner/ Proprietor, Address- Plot No. 239 Lalu Ram Colony T.P. Nagar Korba, Tehsil And District- Korba ( C.G.).Through- Sunil Kumar Twiari, S/o Ramvilas Tiwari Aged About 31 Years, R/o, Kashi Nagar, On The Back Side Of Ravi Dairy Korba, Tehsil And District- Korba ( C.G.). (Owner of CG 04 LC 01197). 2 3 - The National Insurance Company Limiteds, Branch Manager, Near Icici Bank, Vyapar Vihar Road, Bilaspur, Tehsil And District- Bilaspur (C.G.). (Insurance of CG 04 LC 01197) (In The Impugned Order- Sheet S. No. 3 Is Covered By Court Fee Stamp). ... Respondent(s) For Appellants : Ms. Gurpreet kaur Bhatia, Advocate, holding the brief of Mr. H.A.P.S. Bhatia, Advocate For Respondent No.3 For other respondents : : Mr. Sudhir Agrawal, Advocate None Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 07/11/2025 1. The appellants/claimants have filed this appeal for enhancement of compensation against award passed by the learned 8 th Additional Motor Accident Claims Tribunal, Bilaspur in a Claim Case No.790/2022, dated 17.01.2024, whereby the learned Tribunal has granted compensation to the tune of Rs.20,83,824/- on account of death of Shehenshah Siddiqui. The appellant No.1 is widow and appellant No.2 is minor son of the deceased. 2. Brief facts of the present case are that the deceased Shehenshah Siddiqui was the driver of the Truck bearing registration No. CG-13-AH- 8225. On 25.05.2022, his stationary vehicle was dashed by the offending Trailer (CG-04-LC-0197); resultantly, he sustained injuries and 3 died on the spot. The claimants filed a claim case under Section 166 of the Motor Vehicles Act, wherein it was pleaded that on date of the accident, the age of the deceased was 32 years and earning Rs.20,000/- per month. The driver and owner of the offending vehicle as well as the Insurance Company filed replies & denied the averments made in the claim application. The learned Tribunal framed issues and thereafter, the award was passed. 3. Ms. Gurmeet Kaur submits that the learned Tribunal committed an error of law while assessing the notional income of the deceased at Rs.10,970/-, whereas the income of the deceased was proved by his employer Bablu Khan/AW-2, who deposed that the deceased was earning Rs.15,000/-per month and Rs.150/- allowance per day. She contends that the learned Tribunal failed to grant an additional sum of 10% on compensation of loss of estate and funeral expenses in accordance with the law laid down by the Hon'ble Supreme Court in the matter of National Insurance Company Ltd. v. Pranaya Shetty (2017) 16 SCC 680. 4. On the other hand, learned counsel appearing for the respondent No.3 submits that the claimants failed to submit the driving license of the deceased before the learned Tribunal to prove income. He submits that Bablu Khan/AW-2, the alleged owner of the vehicle failed to submit any document to establish that he was the owner of the said Truck. He submits that the learned Tribunal has considered this issue at length 4 and thereafter treated the deceased as a skilled laborer and applied the minimum wages matrix in assessing his notional income. He contends that the appeal deserves to be dismissed. 5. Heard learned counsel for the parties and perused the record. 6. Admittedly, the claimants did not produce the driving license of the deceased before the learned Tribunal. The alleged employer Bablu Khan/AW-2 also failed to produce documentary evidence to establish that he was the owner of the vehicle (CG-13 AH-8225) and the deceased was his driver, who was earning Rs.15,000/- per month. The learned Tribunal has considered the evidence led by the said witness and decided the issue in negative. 7. The learned Tribunal has considered the deceased as a skilled laborer and assessed his monthly notional income according to the minimum wages matrix which was applicable in the State of Chhattisgarh at the relevant time, thus, I do not find any good ground to interfere with the findings recorded by the learned Tribunal with regard to the income of the deceased. 8. The award passed by the learned Tribunal would further reveal that the compensation on conventional heads has properly been granted, but the learned Tribunal ought to have granted an additional sum of 10% on the compensation for loss of estate and funeral expenses as under:- Head Awarded by the Trial Court Awarded by this Court 5 Loss of Estate 15,000/- 15,000 +10 % =16,500/- Funeral Expences 15,000/- 15,000 +10 % =16,500/- Total 30,000/- Rs.33,000/- Final Compensation 33,000 - 30,000 Rs. 3,000/- 9. In view of above, the claimants are entitled to get additional amount of Rs. 3,000/-. The Insurance Company is directed to make payment of the enhanced amount i.e. 3,000/- within a period of 60 days and it will carry interest @ 9% per annum from the date of application till its realization. Accordingly, the appeal is allowed in part. Sd/- Rakesh Mohan Pandey JUDGE Nadim