1 2025:CGHC:61598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 748 of 2022 1 - Mangali Bai W/o Late Sunit Ram Aged About 48 Years R/o Village Pattha, Tahsil Podi Uproda, District Korba, Chhattisgarh 2 - Jai Prakash S/o Sunit Ram Aged About 28 Years R/o Village Pattha, Tahsil Podi Uproda, District Korba, Chhattisgarh 3 - Shiv Prakash S/o Sunit Ram Aged About 26 Years R/o Village Pattha, Tahsil Podi Uproda, District Korba, Chhattisgarh 4 - Fulprakash Kuldeep S/o Sunit Ram Aged About 25 Years R/o Village Pattha, Tahsil Podi Uproda, District Korba, Chhattisgarh 5 - Vishnu Prakash Sarthi S/o Sunit Ram Aged About 22 Years R/o Village Pattha, Tahsil Podi Uproda, District Korba, Chhattisgarh ... Petitioner(s) versus 1 - Tekchand Markam S/o Shri Rajendra Markam Aged About 23 Years R/o Village Hardi, P.S. Hirri, Bilaspur, District Bilaspur, Chhattisgarh (Driver Of The Offending Vehicle) 2 - M/s Shri Salsar Balaji Infrastructure Second Floor, Shri Shyam Kripa Khaparganj, Marwadi Lane, Bilaspur, District Bilaspur, Chhattisgarh (Owner Of The Offending Vehicle) 3 - United India Insurance Company Ltd. Through Division Manager, United India Insurance Company Ltd. Division Office- Sitamani Main Road, Korba, Chhattisgarh (Insurer Of The Offending Vehicle) ... Respondent(s) (Cause title is taken from Case Information System) For Appellants : Mr. P. Acharya, Advocate For Resp. No. 3 : Mr. Abhishek Mishra, Advocate Digitally signed by SHAYNA KADRI 2 (Hon'ble Shri Amitendra Kishore Prasad, Judge) Order on Board 17/12/2025 1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, being aggrieved and dissatisfied with the impugned compensation award dated 14.03.2022 passed by the learned Second Upper Motor Accident Claims Tribunal, Katghora, District Korba (C.G.) in M.A.C.T. No. 28/2020, titled “Mangali Bai and others v. Tekchand Markam & others”, whereby the learned Claims Tribunal has awarded a grossly inadequate amount of compensation in favour of the claimants, without properly appreciating the facts and evidence available on record. Hence, the present appeal is being preferred before this Court seeking enhancement of the awarded compensation. 2. Brief facts of the case, giving rise to the present claim petition, are that the appellants/claimants, being the legal heirs of deceased Sunil Ram, had filed a claim application under Section 166 of the Motor Vehicles Act claiming compensation to the tune of Rs. 55,40,000/- on account of his death, which was registered as M.A.C.T. No. 28/2020. Respondent Nos. 1 and 2 are the driver and owner respectively, and Respondent No. 3 is the insurer of the offending pickup vehicle bearing registration No. C.G.-10 A.P./7223. On 05.05.2020, the deceased persons Aman Yadav and Sunil Ram were travelling on a motorcycle from Machadoli to Podi-Uproda, when respondent No. 1, while driving the offending 3 pickup vehicle in a rash and negligent manner, dashed against their motorcycle near Bazar Tiraha, Podi-Uproda, as a result of which both the deceased sustained grievous injuries and died on the spot. Consequently, the concerned police station registered an offence under Section 304-A of the Indian Penal Code against Respondent No. 1. Owing to the untimely death of the deceased, the claimants suffered irreparable loss and therefore preferred the aforesaid claim petition against the respondents seeking compensation. 3. Upon issuance of notice, respondent Nos. 1 and 2 filed their written statement denying the averments made in the claim petition and contended that the offending vehicle was duly insured, thereby shifting the liability upon respondent No. 3. Respondent No. 3, in its reply, denied the claims and specifically pleaded violation of the terms and conditions of the insurance policy by the owner and driver. After framing of issues, the learned Claims Tribunal passed the impugned award dated 14.03.2022, which is unjust, improper, and unsatisfactory in the eyes of law; hence, the present appeal is being preferred before this Court. 4. Learned counsel for the appellants submits that the learned Claims Tribunal has awarded a grossly inadequate and unjust compensation, which is liable to be enhanced. The impugned award dated 14.03.2022 is contrary to the facts and evidence available on record as well as the settled principles of law. Despite the claimants having examined witnesses and duly proving that 4 the deceased minor children died due to the accident in question, the learned Tribunal has failed to award just and reasonable compensation. The Tribunal has erroneously calculated the total compensation under various heads prescribed under the Motor Vehicles Act by wrongly applying the multiplier, improperly deducting personal expenses, and failing to correctly assess loss of future income in accordance with the dictum of the Hon’ble Supreme Court. Further, the learned Tribunal has not properly awarded compensation under the conventional heads such as loss of love and affection, mental and physical agony, and funeral expenses, nor has it taken into consideration the mental trauma, hardship, and irreparable loss suffered by the appellants. The oral and documentary evidence on record has not been appreciated in its true perspective, resulting in an erroneous and unjust award. Additionally, the interest awarded is on the lower side, whereas the appellants are entitled to interest at the rate of 18% per annum. For all these reasons, the compensation awarded is grossly inadequate and deserves enhancement. The appellants reserve their right to raise any other grounds at the time of final hearing of the present appeal. It is, therefore, prayed that this Court may kindly be pleased to allow the present appeal and enhance and/or suitably modify the impugned compensation award dated 14.03.2022 passed by the learned Second Upper Motor Accident Claims Tribunal, Katghora, District Korba (C.G.) in M.A.C.T. No. 28/2020, and grant the compensation amount as 5 claimed by the appellants in the claim petition, in the interest of justice. 5. On the other hand, it has argued on behalf of the counsel for respondents that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 6. I have heard learned counsel for the parties and perused the material available 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 compensation, nor a Bonanza. 8. Now this Court shall examine as to whether the compensation of awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 9. The facts of the case are not in dispute. The only question that arises for consideration in the present appeal is with regard to the quantum of compensation to which the claimants are entitled. So far as the assessment of income is concerned, the accident occurred on 05.05.2020 and, as per the Minimum Wages Act, the wages for an unskilled worker for the period from 01.04.2020 to 30.09.2020 were Rs. 8,860/- per month. Accordingly, the monthly income of the deceased has been reassessed at Rs. 8,860/-, and the annual income at Rs. 1,06,320/-. The learned Claims Tribunal 6 has correctly applied the multiplier of 13, deducted 1/4th towards personal expenses, and added 25% towards future prospects, which is in consonance with the settled principles laid down by the Hon’ble Apex Court. 10. 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., the claimants are further entitled for Rs. (40,000/-X5+10%+10%) each (with increase of 10% in every three years) i.e. Rs. 2,40,000/- for consortium. Accordingly, the appellants/claimants would become entitled for total compensation of Rs. 15,71,775/- in the following manner:- Income 8,860 p.m. Annual Income 8,860 x 12 25% future Prospective (26,580/-) Personal Expenses(1/4) (25,815/-) Net Income Multiplier (x14) Loss of Income Rs. 1,06,320/- +26,580/- Rs. 1,32,900/- (-33,225) Rs. 99,675/- Rs. 12,95,775/- Loss of Consortirum @ Rs. 40,000/- per person (with an increase of 10% per 3 years) Rs.48,000/-x5 Rs. 2,40,000/- Funeral Expenses (with an increase of 10% in every 3 years) Rs. 18,000/- Loss of Estate (with an increase of 10% in every 3 years) Rs. 18,000/- Total Rs. 15,71,775/- 7 11. Thus, the total compensation is recomputed as Rs. 15,71,775/-. After deducting Rs. 13,57,909/- as awarded by the tribunal, the enhancement would be Rs. 2,13,866/-. 12. In the result, the appeal is partly allowed. The claimants/appellants shall be entitled for the enhanced amount of Rs. 2,13,866/- in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. Sd/- Shayna (Amitendra Kishore Prasad) JUDGE