1 2025:CGHC:51836 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 470 of 2024 1 - Laxmi Vek Wd/o Late Jayram Vek Aged About 40 Years R/o Pujaripara Madse, P.S. Geedam, Distt. Dantewada, C.G., Present Add. Vill. Dhuragaon, Tah. Lohandiguda, Distt. Bastar, Chhattisgarh 2 - Mukesh Vek S/o Late Jayram Vek Aged About 10 Years Through Appellant No. 1 Mother, R/o Pujaripara Madse, P.S. Geedam, Distt. Dantewada, C.G., Present Add. Vill. Dhuragaon, Tah. Lohandiguda, District : Bastar(Jagdalpur), Chhattisgarh ... Petitioner(s) versus 1 - Yuvraj Singh Bhaskar S/o Premlal Bhaskar Aged About 21 Years R/o Police Line Karli, Quarter No. 19/06, P.S. Geedam, District : Dantewada, Chhattisgarh 2 - Subhadra Bhaskar W/o Premlal Bhaskar Aged About 47 Years R/o Police Line Karli, Quarter No. 19/06, P.S. Geedam, District : Dantewada, Chhattisgarh 3 - Icici Lombard General Insurance Company Limited Branch Office Ground Floor, Vanijya Bhawan, Devendra Nagar Road, Raipur, District : Raipur, Chhattisgarh ... Respondent(s) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- For Appellants : Shri Abhishek Nirala, Advocate holding the brief of Shri P.K. Tulsyan, Advocate. For Respondents No.1 & 2 : None. For Respondent No.3 : Shri Deepak Sharma, Advocate holding the brief of Shri Raja Sharma, Advocate. NIRMALA RAO 2 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17.10.2025 1. The appellants/ claimants have filed this appeal under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 20.12.2023, passed in Claim Case No.320 of 2021 by the learned First Additional Motor Accident Claims Tribunal, Jagdalpur, District Bastar whereby the learned Tribunal passed an award to the tune of Rs.14,41,400/- and directed the Insurance Company to make payment with interest @ 9% per annum on account of death of Mahesh Vek. 2. Learned counsel for the appellants would submit that deceased – Mahesh Vek was on his motorcycle bearing registration No.C.G. 18 K 9787, offending vehicle Scorpio bearing registration No.C.G.18 P 6006 dashed the motorcycle of Mahesh Vek, consequently, he died on the spot. The claimants are mother and minor brother of the deceased. They filed a claim case under Section 166 of the Motor Vehicles Act wherein they pleaded that Mahesh Vek was a mechanic and earning Rs.15,000/- per month. They claimed a sum of Rs.32,50,000/-. He would further submit that the learned Tribunal has not assessed the income of the deceased according to the minimum wages matrix. It is also contended that the learned Tribunal has not awarded compensation for loss of consortium to claimants No.2 & 3. He would pray to enhance the compensation. 3. On the other hand, learned counsel for respondent No.3 would oppose the submissions made by counsel for the appellants. He would submit that the learned Tribunal has awarded just and proper compensation. 3 He would contend that the appeal deserves to be dismissed. 4. Heard learned counsel for the parties and perused the documents present on the record with utmost circumspection. 5. The claimants have pleaded in the claim application that the deceased was employed as a mechanic but failed to adduce evidence to prove this fact and therefore, the learned Tribunal treated the deceased as an unskilled labourer and assessed his monthly income at Rs.9,000/-. The minimum wages payable to an unskilled labourer in the month of July 2021 was Rs.9,200/- and thus, the learned Tribunal has assessed the notional income of the deceased at lower side. Further, the learned Tribunal has not awarded compensation to claimant No.2 for loss of consortium. 6. Taking into consideration the above-stated facts, the compensation requires recomputation and same is revisited herein below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 9,000 x12 = Rs. 1,08,000/- Rs. 9,200 x 12 = Rs. 1,10,400/- 2. Future Prospect 40% - 43,200/- (1,08,000 + 43,200 = 1,51,600/-) 40% - 44,160/- (1,10,400 + 44,160 = 1,54,560/-) 3. Deduction (-) 50% (75,800/-) (1,51,600 – 75,800 = 75,800/- (-) 50% (77,280/-) (Rs.1,54,560-77,280) = Rs. 77,280/- 4. Multiplier (x) 18 = Rs. (75,800 x 18 = 13,64,400/-) (x) 18 = Rs. (77,280 x 18 = 13,91,040/-) 5. Loss of Estate Rs. 16,500/- Rs. 16,500/- 6. Funeral expenses Rs. 16,500/- Rs. 16,500/- 7. Loss of Consortium Rs. 44,000/- Rs. 88,000/- TOTAL Rs. 14,41,400/- Rs. 15,12,040/- 4 7. In view of the aforesaid analysis, the amount of compensation of Rs.14,41,400/- awarded by the Claims Tribunal is enhanced to Rs.15,12,040/-. Hence, after deducting the amount of Rs.14,41,400/-, the appellants/claimants are entitled for an additional amount of Rs.70,640/-. The Insurance Company is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Nimmi