1 2025:CGHC:51837 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 451 of 2024 1. Joganti Bai Widow Of Late Lakhanlal Kurre Aged About 50 Years R/o Village Gataura, Police Station - Masturi, District Bilaspur (C.G.),... (Claimants) 2. Komal Prasad S/o Late Lakhanlal Kurre Aged About 30 Years R/o Village Gataura, Police Station - Masturi, District Bilaspur (C.G.) 3. Mukesh Kurre S/o Late Lakhanlal Kurre Aged About 27 Years R/o Village Gataura, Police Station - Masturi, District Bilaspur (C.G.) 4. Kamlesh Prasad Kurre S/o Late Lakhanlal Kurre Aged About 25 Years R/o Village Gataura, Police Station - Masturi, District Bilaspur (C.G.) ... Appellant(s) versus 1. Prem Sai S/o Shri Chandaar Ram R/o Jhumarpara, Post - Jairamnagar, District Surguja (C.G.),..(Driver Of Tripper No. C.G. 29/a- 5096) 2. Lalji Jayaswal S/o Shri Ramsaran Jayaswal R/o Village Batra, Post - Batra, District Surguja (C.G.),..(Owner Of Tripper No, C.G.-29/a-5096) 3. Cholamandlam M.S. General Insurance Company Limited Through - Divisional Manager, Vyapar Vihar Road, Bilaspur, District Bilaspur (C.G.),..(Insurer Of Tripper No, C.G.-29/a-5096) 4. Mamta Kurre W/o Shri Ranjeet Ratre Aged About 23 Years R/o Katayeenaar, Bankimongra, District Korba (C.G.) ... Respondent(s) For Appellants : Ms. Sonali Kesharwani, Advocate on behalf of Smt. Bhagwati Kashyap, Advocate For Respondents : None, though served Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board Digitally signed by AJINKYA PANSARE Date: 2025.10.17 16:16:32 +0530 2 17-10-2025 1) This appeal has been preferred by the appellants/ claimants under Section 173 of Motor Vehicle Act, 1988 assailing the award passed by learned Fourth Motor Claims Tribunal, Bilaspur in Claim Case No. 195/2021 dated 28.11.2023 whereby Claims Tribunal has passed an award to the tune of Rs. 84,98,589/- with interest @ 7% on account of death of Lakhanlal. 2) Facts of the present case are that on 23.4.2020, deceased Lakhanlal, while driving his motorcycle dashed a stationary truck bearing registration No. CG-29-A-5096 which was parked in the middle of the road without parking lights. In the accident, Lakhanlal sustained grievous injuries and died. Claimants, who are the wife and children of the deceased moved a claim application pleading that deceased was aged about 54 years and used to work as Carrier Man in South Eastern Coalfields Ltd. . The learned Claims Tribunal framed issues ; parties led evidence and Claims Tribunal passed the award. 3) Learned counsel for the appellants submits that Claims Tribunal has assessed the notional income of the deceased Rs. 11,67,568/- per annum which is on the lower side. She further submits that under conventional heads, Claims Tribunal has awarded meager amounts and no amount has been awarded towards future prospects. She prays to modify the award accordingly. 4) Heard. 5) Perusal of the award would show that Claims Tribunal has assessed the net notional income of the deceased to be Rs. 10,04,798/- per annum after deducting 30% of income towards income tax taking into account Form-16 filed by the deceased in preceding years. Thus, the 3 finding recorded by Claims Tribunal with regard to the assessment of notional income of the deceased appears to be reasonable. 6) Under other conventional heads Claims Tribunal has awarded Rs. 1,76,000/- towards loss of consortium and Rs. 16,500/- each towards loss of estate and funeral expenses and same does not warrant any interference. 7) It is pertinent to mention that Claims Tribunal has not awarded any amount towards future prospects to the claimants. Thus, in light of the judgment rendered by the Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi1, claimants would be entitled for 15% of annual income towards future prospects of the deceased. 8) Thus, in light of the aforesaid discussion and in light of the judgment of the Supreme Court rendered in the matter of Pranay Sethi (supra), this Court is computing the compensation as below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Annual Income Rs. 11,67,568/- Rs. 11,67,568/- 2. Annual Income after deducting Income Tax Rs.11,67,568–Rs.1,62,770 =Rs.10,04,798/- (@30%) Rs.11,67,568–Rs.1,62,770 =Rs.10,04,798/- (@30%) 2. Annual Income adding Future Prospect NIL Rs.10,04,798+ Rs.1,50,719 =Rs.11,55,517/- (@15%) 3. Annual income after Deduction towards personal expenses Rs.10,04,798-Rs.2,51,199 = Rs.7,53,599 (@1/4) Rs.11,55,517-Rs.2,88,879 = Rs.8,66,638/- (@1/4) 1. (2017) 16 SCC 680 4 4. Annual Income after applying Multiplier Rs. 82,89,589/- (@11) Rs. 95,33,018/- (@11) 5. Loss of Estate Rs. 16,500/- Rs. 16,500/- 6. Funeral expenses Rs. 16,500/- Rs. 16,500/- 7. Loss of Consortium Rs. 1,76,000/- Rs. 1,76,000/- TOTAL Rs. 84,98,589/- Rs.97,42,018/- 9) Accordingly, the amount of compensation of Rs.84,98,589/- awarded by the Claims Tribunal is enhanced to Rs.97,42,018/-. Hence, the appellants are entitled for an additional amount of Rs.12,43,429/-. The Insurance Company is directed to make payment of additional compensation assessed herein-above within period of 60 days, failing which, the said amount shall carry an interest @ 18% p.a. 10) Accordingly, the appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a