1 2025:CGHC:18396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 254 of 2019 1. Tularam Patel S/o Late Ram Prasad Aged About 52 Years R/o Belgari Basti Balco, Police Station Balco Nagar, Korba, Tahsil And District Korba, Chhattisgarh (Claimant). ... Appellant versus 1. Sonu Kumar Marar S/o Kartik Ram Marar R/o House No. 21/1104, Civil Line Katora Talab, Raipur, District Raipur, Chhattisgarh. Present R/o Village Bamhanindih, Police Station Bamhanindih, District Janjgir Champa, Chhattisgarh (Owner And Driver). 2. Branch Manager Efco General Insurance Company Ltd. Third Floor, 345-347, Lalganga Shopping Mall, G. E. Road, Raipur, Tahsil And District Raigarh, Chhattisgarh. ... Respondents ----------------------------------------------------------------------------------------------- For Appellant :- Mr. Rakesh Kumar Sahu, Advocate on behalf of Mr. K.P.S. Gandhi, Advocate. For Respondent No. 2 :- Ms. Shrejal Gupta, Advocate on behalf of Mr. Vaibhav Shukla, Advocate. ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (23.04.2025) 1. This appeal arises out of the impugned award dated 13.08.2018 passed by the Second Additional Motor Accident Claims SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.04.24 16:56:50 +0530 2 Tribunal, Korba, District-Korba (C.G.) in Claim Case No. 17/2016 awarding a compensation of Rs. 50,000/-, in favour of the appellant/claimant for his irreparable loss. 2. The averment in the claim petition, in brief, is that on 05.11.2015, at about 11.30 Pm, Pitar Bai (now deceased) was going village Bamhandih Janjgir by sitting on a small goods vehicle (Chhota Hanthi) bearing registration No. CG-04/JD- 6028. At the same time, offending vehicle driven by respondent No. 1, in a rashly and negligently manner, hitting an unknown vehicle and causing an accident. As a result of which, Pitar Bai (deceased) sustained grievous injuries and died on the spot. After that, a report was lodged based on the above stated offence. Therefore, the appellant preferred an application to claim a total compensation of Rs. 14,06,000/- for his irreparable loss. 3. Learned Tribunal, after considering the evidence and documents brought on record, found that the claimant is the brother of the deceased, who performed the last rituals and held in para 17 of the impugned judgment that the claimant was not dependent on the deceased and he is not entitled to get compensation for loss of dependency or future income as the claimant and his family members earn a sufficient income to support themselves. Therefore, the learned Claims Tribunal has awarded Rs.15,000 towards funeral expenses, Rs.15.000 towards loss of estate and Rs.20,000/- towards loss of love and affection. Thus, total compensation of Rs.50,000/- has been awarded, in favour of the appellant/claimant. Hence, this appeal for enhancement. 4. Learned counsel for the appellant/claimant submits that the learned claims tribunal has not appreciated the oral and documentary evidence in its true prospect and passed the erroneous award. He also submits that the Tribunal has not awarded any compensation towards loss of future income and only awarded a compensation towards other heads which are 3 also on the lower side which needs to be enhanced suitably. Therefore, this appeal may be allowed. 5. On the other hand, it has argued on behalf of the counsel for respondent No. 2 that in the facts and circumstances of case, the compensation awarded by the Learned Claims Tribunal is just and proper and requires no further enhancement. 6. I have heard learned counsel for the appellant and perused the award impugned including the record of the Tribunal. 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 Rs.50,000/- awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 9. Looking to the evidence and material available on record, discussion of para 12 to 18 of the award impugned is proper that the deceased was aged about 65 years and she used to reside separately in Bamhandih Janjgir-Champa and used to visit the house of claimant in every 7-10 days. The claimant in Para-06 of his cross-examination has clearly stated that he earns Rs.9,000-10,000/- per month from the business of vegetable and also admitted that his four sons are separately earning about 10,000/- per month from the work of laborer and they used to assist the deceased financially. Therefore, it is clear that the appellant was not dependent on the deceased as he earns sufficient himself. Thus, the appellant is not entitled to get compensation towards future income and loss of dependency. As such, the finding of the claims tribunal seems to be proper. However, as per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680, the claimant is entitled to get a compensation of Rs. 15,000/- 4 towards loss of estate and Rs. 15,000/- towards funeral expenses, and as per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the claimant is also entitled to get a compensation of Rs. 40,000/- towards love and affection. Thus, the claimant would become entitled for total compensation of Rs. 70,000/-. 10. Accordingly, the total compensation is recomputed as Rs. 70,000/-. After deducting Rs. 50,000/- as awarded by the tribunal, the enhancement would be Rs. 20,000/-. 11. In the result, the appeal is partly allowed. The claimant shall be entitled to Rs. 20,000/- in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% per annum from the date of enhancement of the award till its realization and rest of the conditions shall remain intact. 12. The Registry is further directed to communicate the claimant 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 claimant resides. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.