1 2025:CGHC:59952 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1975 of 2024 1 - Keshar Dugga W/o Late Santosh Dugga Aged About 29 Years Caste- Gond, Resident Of Jawahar Para, Ward No. 11 Dondi, Tahsil And Police Station Dondi, District Balod, Chhattisagarh (Claimant) 2 - Minor Aarush Dugga S/o Late Santosh Dugga Aged About 10 Years Minor Through Her Natural Guardian Mother Appellant No. 1), Caste- Gond, Resident Of Jawahar Para, Ward No. 11 Dondi, Tahsil And Police Station Dondi, District Balod, Chhattisagarh (Claimant) 3 - Minor Tejas Dugga S/o Late Santosh Dugga Aged About 8 Years Minor Through Her Natural Guardian Mother Appellant No. 1), Caste- Gond, Resident Of Jawahar Para, Ward No. 11 Dondi, Tahsil And Police Station Dondi, District Balod, Chhattisagarh (Claimant) 4 - Lalita Bai Dugga W/o Late Hirauram Dugga Aged About 52 Years Caste- Gond, Resident Of Jawahar Para, Ward No. 11 Dondi, Tahsil And Police Station Dondi, District Balod, Chhattisagarh (Claimant) ... Petitioner(s) versus 1 - Manish Sadadnand S/o Sadanand Aged About 35 Years R/o R.E.S. Collony Ward No. 09 Bhanupratappur, Tahsil Bhanupratappur, District North Bastar Kanker, C.G. (Owner Of The Vehicle Truck Bearing No. C.G./07/b.C./ 3829) (Non-Applicant) 2 - Magma H.D.I. General Insurance Company Limited Branch Office No. 501 And 509, 512 5th Floor, D S City, Corporate Park Plat No. 01 Block No. 05 Rajbandha NIRMALA RAO 2 Stadium Raipur, District Raipur, C.G. (Insurance Company Of The Vehicle Truck Bearing No. C.G./07/b.C./ 3829) (Non-Applicant) ... Respondent(s) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- For Appellants/ Claimants : Shri Amit Kumar Sahu, Advocate. For Respondent No.2 : Ms. Aditi Diwan, Advocate. For Respondent No.1 : None though served. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10.12.2025 1. It is an admitted appeal. 2. With the consent of the parties, the matter is heard finally. 3. The claimants have filed this appeal for enhancement of compensation assailing the award passed by the learned Additional Motor Accident Claims Tribunal, Bhanupratappur, in Claim Case No.34 of 2022 dated 24.4.2024 whereby the learned Tribunal has granted compensation to the tune of Rs.15,96,000/- alongwith interest @ 7% per annum on account of death of Santosh Dugga. 4. Learned counsel appearing for the claimants would submit that the deceased – Santosh Dugga was working as a labourer in a Truck bearing registration No.C.G.07 BC 3829. He would contend that on 15.3.2022, the driver of the offending Truck drove it rashly and negligently and dashed it against a standing tree, resultantly, the deceased sustained injuries and during the course of treatment, succumbed to death. He would contend that the age of the deceased was 30 years and earning Rs.800/- per day but the learned Tribunal has assessed his notional income Rs.7,500/-, which is at lower side. He would further submit that the learned Tribunal has not granted 3 adequate compensation for loss of consortium, funeral expenses and loss of estate. He would pray for enhancement. 5. On the other hand, learned counsel for respondent No.2 would oppose the submissions made by counsel for the claimants. She would submit that the claimants could not lead evidence with regard to income of the deceased and the learned Tribunal has granted just and proper compensation. She would submit that the appeal deserves to be dismissed. 6. Heard learned counsel for the parties and perused the documents present on the record with utmost circumspection. 7. The learned Tribunal has assessed the income of the deceased at Rs.7,500/- per month. In absence of evidence with regard to income of the deceased, the learned Tribunal should have applied minimum wages matrix to compute the income. The minimum wages admissible to an unskilled labourer in the month of March, 2022 was Rs.9,280/- and the learned Tribunal should have taken that figure while assessing the income of the deceased. Further, the learned Tribunal has granted a fixed sum of Rs.84,000/- for loss of consortium, loss of estate and funeral expenses whereas, the learned Tribunal should have granted compensation on conventional heads according to the law laid down by the Hon’ble Supreme Court in the matter of National Insurance Co. Ltd. v. Pranay Sethi and Ors, reported in (2017) 16 SCC 680 and in the matter of Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram and Others, reported in (2018) 18 SCC 130. Accordingly, the compensation requires reconsideration and same is revisited herein below: 4 Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 7,500 x12 = Rs. 90,000/- Rs. 9,280 x 12 = Rs. 1,11,360/- 2. Future prospects 40% = 90,000 + 36,000 = 1,26,000/- 40% = 1,11,360 + 44,544 = 1,55,904/- 3. Deduction 1/4th (31,500/-) 1,26,000 – 31,500 = 94,500/- 1/4th (38,976/-) 1,55,904 – 38,976 = 1,16,928/- 4. Multiplier X 16 = Rs.94,500 x 16 = 15,12,000/- X 16 = Rs.1,16,928 x 16 = 18,70,848/- 5. Loss of Estate, Funeral expenses & loss of consortium Rs. 84,000/- Rs. 16,500/- Rs. 16,500/- Rs.44,000 x 4 = 1,76,000/- TOTAL Rs. 15,96,000/- Rs. 20,79,848/- 8. In view of the aforesaid analysis, the amount of compensation of Rs.15,96,000/- awarded by the Claims Tribunal is enhanced to Rs.20,79,848/-. Hence, after deducting the amount of Rs.15,96,000/-, the appellant/claimant is entitled for an additional amount of Rs.4,83,848/-. The Insurance Company is directed to deposit the amount of compensation as enhanced by this Court within a period of 60 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 5 9. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Nimmi