1 2025:CGHC:51028 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1655 of 2024 1. Phool Singh Yadav S/o Bhauram Yadav, Aged About 45 Years Caste-Ravat (Father Of Decesed), R/o Village Makardona, P.O.- Kukrel, Tehsil -Kukrel, District-Dhamtari (C.G.) --------(Claimant) 2. Smt. Jayantri Bai W/o Phool Singh Yadav, Aged About 40 Years Caste- Ravat (Mother Of Decesed), R/o Village Makardona, P.O.- Kukrel, Tehsil - Kukrel, District-Dhamtari (C.G.) --------(Claimant) ... Appellant(s) versus 1. Bramhanand Sahu S/o Onkar Sahu, Aged About 32 Years Caste-Teli, R/o Village-Vajpayi Colony, Farasgaon, P.O.-Farasgaon, Tehsil- Farasgaon, District-Kondagaon (C.G.) ----(Driver-Owner) 2. The Oriental Insurance Company Limited, Through Branch Manager, Office-M.B. Trade Center Second Floor, Near Ghadi Chowk, Dhamtari, District Dhamtari (C.G.) ------(Insurance Company) ... Respondent(s) For Appellants/Claimants : Ms. Yamini Kaser, Advocate holding the brief of Mr. H.A.P.S. Bhatia, Advocate For Respondent No. 1 : Mr. Amit Nayak, Advocate For Respondent No. 2 : Mr. Prasanjeet Dutta, Advocate holding the brief of Mr. Sudhir Agrawal, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 14.10 .2025 1. The appellants/claimants have filed this appeal for enhancement of compensation against award passed by the learned Additional Motor Accident Claims Tribunal, Dhamtari, District Dhamtari in Claim Case No. 79/2022 dated 20.09.2023, whereby compensation to the tune of Rs. 15,94,760/- with interest at the rate of 6% has been awarded on account of death of Rakesh Kumar Yadav. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.10.15 17:20:20 +0530 2 2. Ms. Yamini Kaser, Advocate appearing for the appellants/claimants would submit that Rakesh Kumar Yadav along with Reman Singh and Pokhraj Netam were returning to village Kukrel on a motorcycle bearing registration No. C.G. 05 AK 7280. She would further submit that the offending vehicle bearing registration No. C.G. 05 F 0724 dashed the motorcycle, consequently, Rakesh Kumar Yadav and other riders sustained grievous injuries. She would also submit that Rakesh Kumar Yadav succumbed due to injuries. She would contend that age of the deceased was 19 years and he was a Mason, earning Rs. 500/- per day. The parents of the deceased filed a claim case claiming sum of Rs. 46,00,000/-. She would further submit that the learned Tribunal has assessed notional monthly income of the deceased Rs. 9,800/-, which is at lower side. She would further submit that on other conventional heads, the learned Tribunal has not passed just and proper award. She would contend that on account of loss of consortium, the learned Tribunal has not added additional sum of 10% as held in the judgment passed by the Hon’ble Supreme Court in the matter of National Insurance Co. Ltd Vs. Pranay Sethi & others, (2017) 16 SCC 680. She would pray to enhance the compensation. 3. On the other hand, learned counsel appearing for respondents would oppose. They would submit that the learned Tribunal has passed just and proper compensation and instant appeal deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the record. 5. Admittedly, the age of the deceased was 19 years and he was a bachelor. The parents of the deceased are claimants. The learned Tribunal deducted 50% for personal and living expenses of the deceased and applied 3 multiplier of 18. The learned Tribunal awarded Rs. 16,500/- for loss of estate and 16,500/- for funeral expenses and Rs. 40,000/- - Rs.40,000/-for loss of consortium. The learned Tribunal assessed monthly income of the deceased Rs. 9,800/-, which appears to be appropriate according to prevailing minimum wages matrix, and thus, I do not find any good ground to interfere with the findings recorded by the learned Tribunal with regard to notional income of the deceased. 6. The learned Tribunal has fairly awarded compensation for future prospect and on other conventional heads, but failed to add additional sum of 10% after every three years on amount of loss of consortium. Accordingly, the appeal is partly allowed. The amount of loss of consortium Rs. 40,000/- - Rs. 40,000/- shall carry additional sum of Rs. 20%. The claimants shall be entitled to get additional sum of Rs. 8,000/- + Rs. 8,000/- = Rs. 16,000/- with interest at the rate of 6% from date of application till its realization, but at the same time, the claimants shall not be entitled for interest for period of delay i.e. 220 days. 7. Accordingly, the instant appeal is allowed in part. Sd/- (Rakesh Mohan Pandey) Judge $iddhant