1 2025:CGHC:51705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 353 of 2021 1. Lajhrus S/o Chikhu Lakra Aged About 70 Years R/o Village Bataikela, Police Station And Tahsil Kansabel, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 2. Franciscka W/o Lajhrus Aged About 60 Years R/o Village Bataikela, Police Station And Tahsil Kansabel, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 3. Telesphore Lakra S/o Lajhrus Aged About 47 Years R/o Village Bataikela, Police Station And Tahsil Kansabel, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 4. Ursela W/o Late Rajeshwar Aged About 35 Years R/o Village Bataikela, Police Station And Tahsil Kansabel, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 5. Ku. Asmita D/o Rajeshwar Aged About 16 Years Minor, Represented Through Legal Guardian And Mother Ursela Wife Of Late Rajeshwar, Aged About 35 Years, R/o Village Bataikela, Police Station And Tahsil Kansabel, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 6. Ku. Asima D/o Rajeshwar Aged About 14 Years Minor, Represented Through Legal Guardian And Mother Ursela Wife Of Late Rajeshwar, Aged About 35 Years, R/o Village Bataikela, Police Station And Tahsil Kansabel, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 7. Ku. Reshma D/o Rajeshwar Aged About 11 Years Minor, Represented Through Legal Guardian And Mother Ursela Wife Of Late Rajeshwar, Aged About 35 Years, R/o Village Bataikela, Police Station And Tahsil Kansabel, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 8. Ku. Suganti D/o Rajeshwar Aged About 2 Years Minor, Represented Through Legal Guardian And Mother Ursela Wife Of Late Rajeshwar, Digitally signed by AJINKYA PANSARE Date: 2025.10.17 14:26:43 +0530 2 Aged About 35 Years, R/o Village Bataikela, Police Station And Tahsil Kansabel, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh --- Appellant(s) versus 1. Satyanarayan Prasad S/o Budhan Sao R/o Village Mohridand Police Station Kurdeg, District Simdega (Jharkhand) (Vehicle Driver)., Jharkhand 2. Amit Kumar Sahu S/o Suraj Sahu Caste Teli, Resident Of Bagichapada, Police Station And Post Office Rajganjpur, District Sundergarh (Odisha). (Vehicle Owner), District : Sundargarh, Orissa 3. I.C.I.C.I. Lombard General Insurance Company Limited Branch Office Ground Floor, Commercial Building, Devendra Nagar Road, Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Appellant(s) WITH MAC No. 279 of 2021  Divisional Manager I.C.I.C.I. Lombard General Insurance Co. Ltd., Division No. 01, Ground Floor, Commercial Complex, Devendra Nagar, Raipur, Chhattisgarh. (Insurer Of Vehicle No. Od - 16 F - 0939), District : Raipur, Chhattisgarh ---Petitioner(s) Versus 1. Lazrus S/o Chikhu Lakda Aged About 70 Years R/o Gram Bataikela, P.S. And Tehsil - Kansabel, District Jashpur (Chhattisgarh) (Claimants), District : Jashpur, Chhattisgarh 2. Fransisca W/o Lazrus Aged About 60 Years R/o Gram Bataikela, P.S. And Tehsil - Kansabel, District Jashpur (Chhattisgarh) (Claimants), District : Jashpur, Chhattisgarh 3. Telesfor Lakda S/o Lazrus Aged About 47 Years R/o Gram Bataikela, P.S. And Tehsil - Kansabel, District Jashpur (Chhattisgarh) (Claimants), District : Jashpur, Chhattisgarh 4. Ursela W/o Late Rajeshwar Aged About 35 Years R/o Gram Bataikela, P.S. And Tehsil - Kansabel, District Jashpur (Chhattisgarh) (Claimants), District : Jashpur, Chhattisgarh 3 5. Minor Ku. Asmita S/o Rajeshwar Aged About 16 Years Through Natural Guardian Ursela, W/o Late Rejeshwar, Aged 35 Years, R/o Gram Bataikela, P.S. And Tehsil - Kansabel, District Jashpur (Chhattisgarh) (Claimants), District : Jashpur, Chhattisgarh 6. Minor Ku. Asima S/o Rajeshwar Aged About 14 Years Through Natural Guardian Ursela, W/o Late Rejeshwar, Aged 35 Years, R/o Gram Bataikela, P.S. And Tehsil - Kansabel, District Jashpur (Chhattisgarh) (Claimants), District : Jashpur, Chhattisgarh 7. Minor Ku. Reshma S/o Rajeshwar Aged About 11 Years Through Natural Guardian Ursela, W/o Late Rejeshwar, Aged 35 Years, R/o Gram Bataikela, P.S. And Tehsil - Kansabel, District Jashpur (Chhattisgarh) (Claimants), District : Jashpur, Chhattisgarh 8. Minor Ku. Suganti S/o Rajeshwar Aged About 2 Years Through Natural Guardian Ursela, W/o Late Rejeshwar, Aged 35 Years, R/o Gram Bataikela, P.S. And Tehsil - Kansabel, District Jashpur (Chhattisgarh) (Claimants), District : Jashpur, Chhattisgarh 9. Satyanarayan Prasad S/o Budhan Sao R/o Mohridand, P.S. - Kurdeg, District- Simdega (Jharkhand) (Driver Of Vehicle No. Od-16-F-0939), Jharkhand 10. Amit Kumar Sahu S/o Suraj Sahu R/o Gram Bagichapada, P.S.- Rajganjpara, District Sundergarh (Orissa) (Owner Of Vehicle No. Od- 16-F-0939), District : Sundargarh, Orissa --- Respondent(s) For Claimants : Mr. Sanjeev Kumar Sahu, Advocate For Insurance Company : Mr. Suraj Patel, Advocate on behalf of Mr. Shekhar Rao Saheb Amin, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 16-10-2025 1) Claimants and Insurance Company have filed these appeals challenging the award passed by the learned Motor Accident Claims Tribunal, Jashpur (C.G.) in Claim Case No. 52/2019 dated 14.1.2021 whereby Claims Tribunal has awarded a sum of Rs. 28,30,000/- in favor of claimants on account of death of Rajeshwar. 4 2) Facts of the present case are that on 29.3.2019, deceased Rajeshwar met with an accident as the offending Mini Truck bearing registration No. OD-16-F-0939 being driven by one Satyanarayan Prasad in rash and negligent manner, dashed Rajeshwar. In the accident, Rajeshwar sustained grievous injuries and died on the spot. Claimants, who are parents, wife and children of the deceased moved claim application pleading that deceased was aged about 42 years and used to earn Rs.15,000/- per month working as a mason. Driver and owner of offending vehicle and Insurance Company filed reply ; Claims Tribunal framed issues ; parties led evidence and Claims Tribunal passed the award. 3) Learned counsel for the claimants submits that Claims Tribunal has considered the notional monthly income of the deceased on lower side and has awarded meager amounts under conventional heads. He prays to modify the award accordingly. 4) On the other hand, learned counsel appearing for the Insurance Company submits that Claims Tribunal has assessed the notional monthly income of the deceased Rs. 15,000/- per month in absence of documentary evidence, which is in contravention to the minimum wage matrix applicable in the State of Chhattisgarh at the relevant time. He prays to modify the award accordingly. 5) Heard learned counsel for the parties and perused the record with utmost circumspection. 6) Admittedly, claimants have pleaded that the deceased was earning Rs. 500 per day working as mason and Insurance Company failed to lead evidence to controvert the pleadings made by the claimants. The assessment of notional monthly income of the deceased is a finding of 5 fact which cannot be interfered in absence of any documentary evidence, thus the appeal preferred by the Insurance Company is misconceived. 7) However, Claims Tribunal has awarded 25% for future prospects; deducted 1/5th for personal and living expenses of the deceased looking to the number of dependents and applied multiplier of 14. Claims Tribunal has also awarded appropriate compensation under conventional heads. Thus, the appeal preferred by the claimants for enhancement of compensation is also misconceived. 8) In view of the above, both the appeals preferred by the Claimants and Insurance Company respectively being devoid of merits, stand dismissed. No order as to cost. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a