1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1481 of 2024 1. Sahdev Markam S/o Late Pahar Singh Aged About 68 Years R/o Village Kallemeta, Post Dongardula, Tahsil Nagari, District Dhamtari, Chhattisgarh 2. Dukhiya Bai W/o Sahdev Markam Aged About 65 Years R/o Village Kallemeta, Post Dongardula, Tahsil Nagari, District Dhamtari, Chhattisgarh ... Appellant(s) versus 1. Ramjan Nishad S/o Late Vijay Nishad Aged About 47 Years R/o Churiyara Para, Nagari, Tahsil Nagari, District Dhamtari, Chhattisgarh (Driver Of Offending Vehicle Highwa No. C.G.-05/ D-1750) 2. Smt. Nirmala Bai W/o Babulal Sahu Aged About 39 Years R/o Pachari Para, Kurud, Police Station And Tahsil Kurud, District Dhamtari, Chhattisgarh (Owner Of Offending Vehicle Highwa No. C.G.-05/ D-1750) 3. National Insurance Company Limited Branch Office Through Branch Manager, Second Floor, Mobin Mahal, G.E. Road Raipur, Tahsil And District Raipur, Chhattisgarh (Insurer Of Offending Vehicle Highwa No. C.G.-05/ D-1750) ... Respondent(s) For Appellants/Claimants : Mr. Praveen Dhurandhar, Advocate For Respondents No. 1 & 2 : Mr. B.L. Sahu, Advocate For Respondent No. 3 : Ms. Pooja Yadav, Advocate along with Mr. Shivendu Pandya, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 19.11 .2025 1. The appellants have filed this appeal for enhancement of compensation against award passed by the Additional Motor Accident Claims Tribunal (FTC), District Dhamtari in Claim Case No. 65/2022 dated 05.04.2024, whereby the learned Tribunal has passed an award to the tune of Rs. 10,40,200/- with interest at the rate of 7% per anum on account of death of Bhuneshwar Markam. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.11.19 18:11:59 +0530 2 2. Mr. Praveen Dhurandhar, Advocate would submit that deceased Bhuneshwar Markam along with his friends Ramprakash Kamar and Amrit Kamar were returning to their native village Kallemeta after visiting Vijay and Pratap Kamar, who were admitted for treatment at the District Hospital, Dhamtari on motorcycle bearing registration No. CG 05 AJ 4946 on 17.11.2021, the driver of the offending Highwa bearing registration No. CG 05 D 1750 by driving it rashly and negligently dashed the motorcycle, consequently, all three riders sustained injuries and succumbed to death. He would further submit that the deceased was working as Clerk at Markam Krishi Kendra, Dugli and earning Rs. 12,000/- per month, but the learned Tribunal has assessed notional income of the deceased Rs. 6,000/- per month which is at lower side. He would contend that in absence of evidence, the learned Tribunal should have applied minimum wages matrix. He would further contend that in the month of November, 2021, minimum wages admissible to unskilled labourer was Rs. 9,280/- per month. He would fairly submit that on other conventional heads, the learned Tribunal granted adequate compensation. He would pray to enhance the compensation accordingly. 3. On the other hand, learned counsel appearing for respective respondents would oppose. They would submit that the learned Tribunal has passed just and proper compensation and the claimants failed to prove income of the deceased. 4. I have heard learned counsel for the parties and perused the record. 5. Admittedly, the claimants could not prove the fact that the deceased was working as Clerk at Markam Krishi Kendra, Dugli, therefore, the learned Tribunal should have treated the deceased as unskilled labourer. The minimum wages admissible to unkilled in the month of November, 2021 3 was Rs. 9,280/- and the learned Tribunal should have taken that figure to compute the income of the deceased. On other conventional heads, the learned Tribunal has granted just and proper compensation. 6. Considering the facts and circumstance of the case, material available on record and in the light of judgment passed by the Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. 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. V. Nanu Ram @ Chuhru Ram & Ors. reported in 2018 (18) SCC 130, the compensation awarded by the learned Tribunal requires reconsideration and same is being revisited herein-below:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 6,000 x12 = Rs. 72,000/- Rs. 9,280 x12 = Rs. 1,11,360/- 2. Future Prospect (40%) = Rs. 28,800/- (40%) = Rs. 44,544/- 3. Deduction (-) 1/2 Rs. 50,400/- Rs. 50,400/- (-) 1/2 Rs. 77,952/- Rs. 77,952/- 4. Multiplier (x) 18 = Rs. 9,07,200/- (x) 18 = Rs. 14,03,136/- 5. Loss of Estate Rs. 16,500/- Rs. 16,500/- 6. Funeral expenses Rs. 16,500/- Rs. 16,500/- 7. Loss of consortium (for appellant No. 1) Rs. 50,000/- Rs. 50,000/- 8. Loss of consortium(for appellant No. 2) Rs. 50,000/- Rs. 50,000/- TOTAL Rs. 10,40,200/- Rs. 15,36,136/- 4 7. For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs. 10,40,200/- awarded by the tribunal is enhanced to Rs. 15,36,136/-. Hence, after deducting the amount of Rs. 10,40,200/-, the appellants/claimants are held entitled for an additional amount of Rs. 4,95,936/-. The Insurance company is directed to deposit the enhanced amount of compensation within a period of 60 days from the date of receipt of copy of this order. The appellants shall not be entitled to receive any interest for the period of delay caused in filing this appeal. Rest of the conditions of impugned award shall remain intact. 8.Accordingly, the instant appeal is hereby partly allowed. Sd/- (Rakesh Mohan Pandey) Judge $iddhant