1 2025:CGHC:50833 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 550 of 2024 1 - Sagwati Bai Dhiwar Wd/o Late Late Bhukhan Lal Dhiwar Aged About 42 Years Resident Of Village Sasha, Police Station And Tahsil Palari, District- Baloda Bazar- Bhatapara (C.G.). 2 - Minor Jyoti Dhiwar D/o Late Bhukhan Lal Dhiwar, Aged About 14 Years Resident Of Village Sasha, Police Station And Tahsil Palari, District- Baloda Bazar- Bhatapara (C.G.). 3 - Minor Annapurna D/o Late Bhukhan Dhiwar, Aged About 10 Years Resident Of Village Sasha, Police Station And Tahsil Palari, District- Baloda Bazar- Bhatapara (C.G.). Minor Appellants Through Legal Guardian Mother Sagwati Bai Dhiwar W/o Late Bhukhan Lal Dhiwar ... Appellants/Claimants Versus 1 - Atish Kerketta S/o Late Athnal Kerketta, Aged About 26 Years R/o Kandra Bahar, ( Tango Toli) Mohalla, Police Station Farsabahar, District- Jashpur (C.G.).( Driver Of Alleged Offending Vehicle Truck Bearing Registration No. C.G. 04-JB-5985) 2 - Lokant Sahu S/o Late Satya Prakash Sahu, Aged About 25 Years R/o Village Beltikri, Police Station Bilaigarh, District- Sarangarh- Biaigarh (C.G.). ( Owner Of Alleged Offending Vehicle Truck Bearing Registration No. C.G. 04-JB-5985) 3 - Roshan Pratap Singh S/o Rajendra Pratap Singh, Aged About 32 Years R/o Village Doutra, Post Office Janai, Raibareli, P.S. Maharajganj, District- Raibareli (U.P.) ( Wrongly Mentioned (C.G.). Present Address- Indira Colony Baloda Bazar, P.S. City Kotwali Baloda Bazar, District- Baloda Bazar- Bahatapara (C.G.). (Driver Of Alleged Offending Vehicle Mini Bus Bearing Registration No. C.G. 04-E6961) 4 - Prabha Sharma W/o Late Premlal Sharma, Aged About 65 Years R/o Indira Colony Baloda Bazar, Police Station City Kotwali, Baloda Bazar, District- Baloda Bazar- Bhatapara (C.G.) ( Owner Of Alleged Offending Vehicle Mini Bus Bearing Registration No. C.G. 04-E-6961) 5 - IFCO Tokiyo General Insurance Company Limited, Second Floor M.N. Silver Plaza In Front Of Udyog Bhawan Ring Road Number, Raipur, District- Raipur (C.G.). Pin 492006 ( Insurer Of Alleged Offending Vehicle Mini Bus Bearing Registration No. C.G. 04-E-6961) ... Respondents Digitally signed by RAMESH KUMAR VATTI Date: 2025.10.14 16:29:33 +0530 2 For Appellants/Claimants : Mr. S.P. Sahu, Advocate For Respondent No. 5/ Insurance Company For Other Respondents : : Ms. Nikita Dubey, Advocate holding the brief of Mr. Vaibhav Shukla, Advocate None Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 13/10/2025 1. The appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act for enhancement of compensation against the award passed by the learned Motor Accident Claims Tribunal, Balodabazar-Bhatapara, District Balodabazar-Bhatapara (C.G.) in Claim Case No. 112/2022 dated 01.03.2024, whereby the learned Claims Tribunal has passed an award to the tune of Rs.19,53,264/- with interest @ 7.5% per annum on account of death of Punendra Dhiwar. 2. The facts, in brief, are that on 14.09.2022 deceased- Punendra Dhiwar along with Domeshwar Dhiwar, Bhavsingh Yadav and Hemant Kumar Sahu was returning his home from Raipur in Shivani Mini Bus bearing registration No. CG-04-E-6961. In the morning at about 08:30 am at Village Kodwa, near Bhola Hotel, the driver of said Mini Bus/respondent No.3 had parked the said Mini Bus in improper manner, and at the same time offending Truck bearing registration No. CG-04-JB-5985 driven by respondent No.1 in rash and negligent manner, dashed the Mini Bus, consequently Punendra Dhiwar sustained grievous injuries and succumbed to those injuries during his treatment. At the time of accident, the deceased was an unmarried person aged about 18 years. The claimants are widow mother and 3 minor sisters of the deceased. It is also pleaded that the deceased was earning Rs.18,000/- per month by working as Mason. The claimants claimed a sum of Rs.59,57,000/-. The driver/respondent No.1, owner/respondent No.2 and insurance company/respondent No.5 filed their reply to claim application and denied its averments. The parties led evidence and thereafter, the learned Claims Tribunal passed an award. 3. Mr. S.P. Sahu, learned counsel appearing for the appellants/claimants would argue that on 14.09.2022, deceased- Punendra Dhiwar was returning his home from Mini Bus bearing registration No. CG-04-E- 6961, which was dashed by the offending Truck bearing registration No. CG-04-JB-5985, consequently the deceased sustained grievous injuries and died during treatment. He would contend that at the time of accident, the age of deceased Punendra Dhiwar was 18 years and he was earning Rs.18,000/- per month. He would submit that the learned Claims Tribunal has considered the notional monthly income of the deceased at Rs.9,540/- which is at lower side. He would further contend that the learned Claims Tribunal has committed error by not awarding compensation for loss consortium to the claimants. He would pray to enhance the compensation accordingly. 4. On the other hand, Ms. Nikita Dubey, learned counsel appearing for respondent No. 5/Insurance Company would oppose. She would submit that the learned Claims Tribunal has granted just and proper compensation, therefore, the appeal deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the record of the learned Claims Tribunal. 4 6. Admittedly, at the time of accident, the age of the deceased was 18 years. The deceased was passenger in Mini Bus bearing registration No. CG-04-E-6961, which was dashed by the offending Truck bearing registration No. CG-04-JB-5985 on the fateful date i.e. 14.09.2022, resultantly deceased sustained injuries and died. The learned Claims Tribunal has considered the notional monthly income of the deceased according to the minimum wages matrix Rs.9,540/- which appears to be proper and the contention made by Mr. S.P. Sahu cannot be accepted in absence of documentary evidence. The award would further revealed that the learned Claims Tribunal has not granted compensation for loss of consortium to the claimants, whereas according to law laid down by the Hon’ble Supreme Court in the matter of National Insurance Company Ltd. Vs. Pranay Sethi, reported in (2017) 16 SCC 680, the appellants/claimants are entitled for compensation towards loss of consortium. The learned Claims Tribunal has rightly deducted 1/3rd for personal and living expenses of the deceased looking to number of dependents. The learned Claims Tribunal applied correct multiplier of 18 according to the age of the deceased and awarded just and proper compensation toward future prospect and other heads. 7. Thus, in light of the aforesaid discussion and in light of the judgments of the Hon’ble Supreme Court rendered in the matters of National Insurance Company Ltd. Vs. Pranay Sethi, reported in (2017) 16 SCC 680; Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors., reported in (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. Vs. Nanu Ram @ Chuhru Ram & Ors., reported in (2018) 18 SCC 130, this Court is re-computing the compensation as below:- 5 Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income as per minimum wages Rs.9,540/- per month Rs.9,540/- per month 2. Future prospect 40% Rs.3,816 + Rs.9,540/- = Rs.13,356/- Rs.3,816 + 9,540 = Rs.13,356/- 3. Deduction of 1/3rd towards personal expenses Rs.13,356 – 4,452 = Rs.8,904/- per month Rs.13,356 – 4,452 = Rs.8,904/- per month 4. Per month Income of the deceased Rs.8,904/- Rs.8,904/- 5. Annual Income of the deceased Rs.8,904/- x 12 = Rs.1,06,848/- per annum Rs.8,904 x 12 = Rs.1,06,848/- per annum 6. Multiplier of 18 Rs.1,06,848/- x 18 = Rs.19,23,264/- Rs.1,06,848/- x 18 = Rs.19,23,264/- 7. Funeral Expenses Rs.15,000/- Rs.15,000/- 8 Loss of Estate Rs.15,000/- Rs.15,000/- 9. Loss Consortium to Claimants - Loss Consortium at Rs.44,000 (including 10%) to each Claimants Rs.1,32,000/- Total : Rs.19,53,264/- Rs.20,85,264/- 8. In view of the aforesaid analysis, the amount of compensation of Rs.19,53,264/- awarded by the Claims Tribunal is enhanced to Rs.20,85,264/-. Hence, after deducting the amount of Rs.19,53,264/-, the appellants/claimants are entitled for an additional amount of Rs.1,32,000/-. The driver/respondent No.1, owner/respondent No.2 and insurance company/respondent No.5 are directed to deposit jointly and severally enhanced compensation within a period of 03 months from the date of receipt of copy of this judgment. The additional amount of compensation shall carry interest @ 7.5% per annum from the date 6 of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 9. In the result, the appeal is allowed in part with modification in the impugned award to the above extent. Sd/- (Rakesh Mohan Pandey) Judge vatti