1 2025:CGHC:61598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 739 of 2022 1 - Chandrika Yadav W/o Shiv Yadav Aged About 38 Years R/o Village Machadoli, Tahsil Podi Uproda, District Korba Chhattisgarh. 2 - Shiv Yadav S/o Late Prem Lal Aged About 41 Years R/o Village Machadoli, Tahsil Podi Uproda, District Korba Chhattisgarh. 3 - Karand Yadav S/o S/o Shiv Yadav Aged About 12 Years Minor Through Legal Natural Guardian Mohter Chandrika Yadav, Wife Of Shiv Yadav, Aged About 38 Years, R/o Village Machadoli, Tahsil Podi Uproda, District Korba Chhattisgarh. ... Appellants versus 1 - Tekchand Markam S/o Shri Rajendra Markam, Aged About 23 Years R/o Hardi, P.S. Hirri, Bilaspur, District Bilaspur Chhattisgarh. Driver Of The Offending Vehicle 2 - M/s. Shri Salsar Balaji Infrastracture Second Floor, Shri Shyam Kripa Khaparganj, Marwadi Lane, Bilaspur, District Bilaspur Chhattisgarh. (Owner Of The Offending Vehicle) 3 - United India Insurance Company Ltd. Through Division Manager, United India Insurance Company Ltd. Division Office Sitamani Main Road, Korba Chhattisgarh. (Insurer Of The Offendign Vehicle) ... Respondent(s) (Cause title is taken from Case Information System) For Appellants : Mr. P. Acharya, Advocate For Resp. No. 3 : Mr. Abhishek Mishra, Advocate Digitally signed by SHAYNA KADRI 2 (Hon'ble Shri Amitendra Kishore Prasad, Judge) Order on Board 17/12/2025 1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, being aggrieved and dissatisfied with the impugned compensation award dated 14.03.2022 passed by the learned Second Upper Motor Accident Claims Tribunal, Katghora, District Korba (C.G.) in M.A.C.T. No. 29/2020, titled “Chandrika Yadav and others v. Tekchand Markam & others”, whereby the learned Claims Tribunal has awarded a grossly inadequate amount of compensation in favour of the claimants, without properly appreciating the facts and evidence available on record. Hence, the present appeal is being preferred before this Court seeking enhancement of the awarded compensation. 2. Brief facts of the case, giving rise to the present claim petition, are that the appellants/claimants, being the legal heirs of deceased Aman Yadav, filed a claim application under Section 166 of the Motor Vehicles Act claiming compensation of Rs. 50,00,000/- on account of his death, which was registered as M.A.C.T. No. 29/2020. Respondent Nos. 1 and 2 are the driver and owner respectively, and Respondent No. 3 is the insurer of the offending pickup vehicle bearing registration No. C.G.-10 A.P./7223. On 05.05.2020, the deceased persons Aman Yadav and Sunil Ram were travelling on a motorcycle from Machadoli to Podi-Uproda, when Respondent No. 1, while driving the offending 3 pickup vehicle in a rash and negligent manner, dashed against their motorcycle near Bazar Tiraha, Podi-Uproda, as a result of which both the deceased sustained grievous injuries and died on the spot. Consequently, the concerned police station registered an offence under Section 304-A of the Indian Penal Code against Respondent No. 1. Owing to the sudden and untimely death of the deceased, the claimants suffered irreparable loss and therefore preferred the aforesaid claim petition against the respondents. 3. Upon issuance of notice, Respondent Nos. 1 and 2 filed their written statements denying the averments made in the claim petition and contended that the offending vehicle was duly insured, thereby shifting liability upon Respondent No. 3. Respondent No. 3, in its reply, denied the claim and specifically pleaded violation of the terms and conditions of the insurance policy by the owner and driver. After framing of issues, the learned Claims Tribunal passed the impugned award dated 14.03.2022, which, being unjust and improper in the eyes of law, has led to the filing of the present appeal before this Court. 4. Learned counsel for the appellant submits that the learned Claims Tribunal has awarded a grossly inadequate amount of compensation, which is liable to be enhanced. The impugned award dated 14.03.2022 is bad in law and contrary to the facts and evidence available on record. The claimants examined witnesses and successfully proved that the deceased minor children died as a result of the accident in question; however, the 4 learned Tribunal failed to award just and reasonable compensation. The Tribunal has erroneously calculated the total compensation under various heads as prescribed under the Motor Vehicles Act by wrongly applying the multiplier, improperly deducting personal expenses, and failing to correctly assess loss of future income in accordance with the settled dictum of the Hon’ble Apex Court. Furthermore, the learned Tribunal has not properly awarded compensation under the conventional heads such as loss of love and affection, physical and mental agony, and funeral expenses, nor has it considered the mental suffering, hardship, and irreparable loss sustained by the appellants. The oral and documentary evidence on record has not been appreciated in its true perspective, resulting in an erroneous and unjust award. The interest awarded is also on the lower side and ought to have been assessed at the rate of 18% per annum. For these reasons, the compensation awarded is on the lower side and deserves suitable enhancement. It is, therefore prayed that this Court may kindly be pleased to allow the present appeal and enhance and/or suitably modify the impugned compensation award dated 14.03.2022 passed by the learned Second Upper Motor Accident Claims Tribunal, Katghora, District Korba (C.G.) in M.A.C.T. No. 29/2020, and grant the compensation amount as claimed by the appellants in the claim petition, in the interest of justice. 5. On the other hand, it was argued on behalf of the counsel for 5 respondent No. 3 that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 6. I have heard learned counsel for the parties and perused the material available on record. 7. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 8. Now this Court shall examine as to whether the compensation of awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 9. The facts of the case are not in dispute. The only question that arises for consideration in the present appeal is with regard to the quantum of compensation to which the claimants are entitled. So far as the assessment of income is concerned, the accident occurred on 05.05.2020 and, as per the Minimum Wages Act, the wages for an unskilled worker for the period from 01.04.2020 to 30.09.2020 were Rs. 8,860/- per month. Accordingly, the monthly income of the deceased has been reassessed at Rs. 8,860/-, and the annual income at Rs. 1,06,320/-. The learned Claims Tribunal has correctly applied the multiplier of 18 deducted 1/2nd towards personal expenses, and added 40% towards future prospects, which is in consonance with the settled principles laid down by the 6 Hon’ble Apex Court. 10. The claimants are further entitled for Rs. 18,000/- towards loss of estate (increase of 10% in every three years) and Rs. 18,000/- for funeral expenses (increase of 10% in every three years). As per 'Magma General Insurance Co. Ltd., the claimants are further entitled for Rs. (40,000/-X3+10%+10%) each (with increase of 10% in every three years) i.e. Rs. 1,44,000/- for consortium. Accordingly, the appellants/claimants would become entitled for total compensation of Rs. 15,19,632/- in the following manner:- Income 8,860 p.m. Annual Income 8,860 x 12 40% future Prospective (42,528/-) Personal Expenses(1/2) (74,424/-) Net Income Multiplier (x18) Loss of Income Rs. 1,06,320/- +42,528/- Rs. 1,48,848/- (-74,424) Rs. 74,424/- Rs. 13,39,632/- Loss of Consortirum @ Rs. 40,000/- per person (with an increase of 10% per 3 years) Rs.48,000/-x3 Rs. 1,44,000/- Funeral Expenses (with an increase of 10% in every 3 years) Rs. 18,000/- Loss of Estate (with an increase of 10% in every 3 years) Rs. 18,000/- Total Rs. 15,19,632/- 11. Thus, the total compensation is recomputed as Rs. 15,19,632/-. After deducting Rs. 12,19,316/- as awarded by the tribunal, the enhancement would be Rs. 3,00,316/-. 7 12. In the result, the appeal is partly allowed. The claimants/appellants shall be entitled for the enhanced amount of Rs. 3,00,316/- in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. Sd/- Shayna (Amitendra Kishore Prasad) JUDGE