1 2025:CGHC:19439 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 246 of 2019 1 - Jagatu Thakur S/o Sadhuram Thakur Aged About 48 Years R/o Pirmeta Village Turangur Bade Kilepal P.S Kodenar District Bastar Chhattisgarh. 2 – Smt. Gonchi Thakur W/o Jagatu Thakur Aged About 46 Years R/o Pirmeta Village Turangur Bade Kilepal P.S Kodenar District Bastar Chhattisgarh. 3 - Lokesh Thakur S/o Jagatu Thakur Aged About 16 Years (minor through natural guardian Jagatu Thakur appellant No.1) R/o Pirmeta Village Turangur Bade Kilepal P.S Kodenar District Bastar Chhattisgarh. 4 - Khirmani W/o Satish Aged About 31 Years R/o Village Ulnar, District – Bastar, Chhattisgarh. 5 - Nemi Singh Thakur S/o Jagatu Thakur Aged About 28 Years R/o Turangur, District – Bastar, Chhattisgarh. ... Appellants versus 1 - Hariom Yadav S/o Radhakrishna Yadav Aged About 26 Years Through Rajkishore Singh S/o Baliraj Singh Gongaw Bajrang Gali No.3 P.S. gudhiyari, District – Raipur, Chhattisgarh. (Driver of the vehicle) 2 - Rajkishor Singh S/o Baliraj Singh Aged About 38 Years R/o Gongaw Bajrang Gali No.03 P.S Gudhiyari District Raipur Chhattisgarh. (Owner of The Vehicle). 3 - The Shri Ram Genral Insurance Co. Ltd. E-08 Ricko Industrial Area Seetapura Jaipur (Rajasthan) –302022. (Insurer) ... Respondents Digitally signed by HEERA LAL SAHU Date: 2025.05.02 17:54:26 +0530 2 For Appellants/Claimants : Mr. P.K. Tulsyan, Advocate. For Respondents : None. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board ( 29 .0 4 .202 5 ) 1. This appeal arises out of the award dated 08.10.2018 passed by Motor Accident Claims Tribunal, Bastar, Place Jagdalpur (C.G.), in Claim Case No. 167/2017 whereby a compensation of Rs.13,19,600/- with interest @ 9% per annum has been awarded in favour of the appellants/claimants for their irreparable loss. 2. The averment in the claim petition, in brief, was that on 29.08.2017, at about 6:30 pm, deceased Vijay Singh Thakur was coming to village Kodenar on his motorcycle, at that time, while he reached near Bank of Baroda at village Bade Kilepal at the same time, the offending vehicle bearing registration No. CG- 04-JA-3571 was in stationery position on the road without any indication therefore, the deceased dashed to the trailer and met with an accident, due to which he sustained grievous injuries and died. The matter was reported to the police, and a case was registered. It is stated that on the date of the incident, the age of the deceased was 24 years and was working as a driver in Bharat Travels Pratapganj Para, Jagdalpur and was earning Rs. 10,000/- per month from that work. Due to his casual death, his parents, brother and sister suffered an irreparable loss. Therefore, the appellants preferred an application claiming a total compensation of Rs. 18,53,000/-. 3. When the claim application under Section 166(1) of M.V. Act for compensation was filed by the claimants/appellants before the claims tribunal against the driver, owner and 3 insurance company of the alleged vehicle, the tribunal considered the income of the deceased Vijay Singh Thakur as Rs 8,000/- per month. Further, considering the age of the deceased as 25 years, 40% future prospects was added to his income and as the deceased was unmarried on the date of accident ½ deduction towards personal expenses was made and after applying the multiplier of 18 the loss of dependency has been calculated and awarding a compensation of Rs. 1,10,000/- on other heads, a total compensation of Rs. 13,19,600/- has been awarded in favour of the claimants. Hence, the appeal. 4. Learned counsel for the appellants/claimants submits that the compensation awarded by the Tribunal is on the lower side and needs to be enhanced suitably. He further submits that the claimants have pleaded the income of the deceased as Rs. 10,000/- per month, but the learned Claims Tribunal has only assessed the income of the deceased as Rs. 8,000/- per month. He submits that the deceased was a driver for which a driving license has also been produced vide Ex.P-12 and tribunal has also been found proved that the deceased was driver at that time, therefore, considering the minimum wages of a skilled labour at that point of time the monthly income of the deceased should be taken as Rs. 10,000/-. He next submits that the awarded amount on the other heads is also on the lower side, which also needs to be enhanced suitably. 5. No one appeared on behalf of the respondents during final hearing of this case. 6. Heard counsel for the appellants and perused the documents on record. 7. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of 4 compensation, nor a Bonanza. 8. Now this Court shall examine as to whether the compensation awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 9. As regards the income of the deceased, though the claimants have pleaded that the deceased was earning Rs.10000/-. per month as he was a driver in Bharat Travels, Pratapganjpara, Jagdalpur, but no documentary evidence in support thereof has been adduced. However, a driving license has been produced, which was found valid by the learned claims Tribunal. Therefore, in these circumstances, it is appropriate to assess the income of the deceased as Rs. 10,000/- per month i.e. 1,20,000/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680, since the deceased was aged about 25 years, at that time, after adding 40% towards future prospect i.e. Rs. 48,000/-, as has rightly been held by the claims tribunal the annual income of the deceased comes to Rs. 1,68,000/- 10. The deceased was aged about 25 years and was unmarried and the claimants are the parents, brother and sister (total 5 persons) of the deceased so deduction towards personal and caring expenses would be 50% i.e. Rs. 84,000/- as has rightly been held by the claims tribunal, the loss of dependency comes to Rs. 84,000/-. 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 considering the age of the deceased, after applying multiplier of 18, as has rightly been applied by the claims Tribunal, the total loss of dependency works out to Rs. 15,12,000/- (84,000x18). The claimants are further entitled for loss of estate Rs. 15,000/-, for funeral expenses Rs. 15,000/- and as per 'Magma General Insurance Co. Ltd. Vs. Nanu, 5 reported in AIR Online 2018 SC 189, the claimants are further entitled for loss of love and affection to Rs. 40,000/- each i.e. Rs. 2,00,000/-. Therefore, the claimants would become entitled for total compensation of Rs. 17,42,000/- in the following manner:- S.No. Head Calculation 01 Total loss of dependency Rs. 15,12,000/- 02 Towards loss of estate Rs. 15,000/- 03 Towards Love and affection to all the 5 claimants @ Rs. 40,000/- Rs. 2,00,000/- 04 Funeral Expenses Rs. 15,000/- Total Rs. 17,42,000/- 11. Thus, the total compensation is recomputed as Rs. 17,42,000/-. After deducting Rs. 13,19,600/- as awarded by the tribunal, the enhancement would be Rs. 4,22,400/- (17,42,000- 13,19,600). 12. In the result, the appeal is partly allowed. The claimants shall be entitled to Rs. 4,22,400/- in addition to what has already been awarded by the claims Tribunal. The enhanced amount shall carry interest @ 6% from the date of enhancement of the award till its realization. The rest of the conditions shall remain intact. 13. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge H. L. Sahu