1 2025:CGHC:51783 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 454 of 2018 1 - Mansingh Vishwakarma S/o Shri Dhanaram Vishwakarma Aged About 48 Years R/o Durga Nagar , Behind Cloth Market , Pandri Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh. 2 - Smt . Tara Bai Vishwakarma W/o Shri Man Singh Vishwakarma Aged About 46 Years R/o Durga Nagar, Behind Cloth Market , Pandri Raipur District Raipur Chhattisgarh. ( Claimants ), District : Raipur, Chhattisgarh. ... Appellant(s) versus 1 - Rajeev @ Raju Yadav S/o Shri Tahsil Yadav Aged About 25 Years R/o Durga Nagar , Behind Cloth Market , Pandri Raipur District Raipur Chhattisgarh. ( Driver Of Offending Vehicle Metador Bearing Registration No. C. G. 04 / 8504 ). 2 - Nandlal Makhija , S/o Late Shri Dharamdas Makhija R/o House No. E/152, Sector - 5 , Devendra Nagar Raipur District Raipur Chhattisgarh. ( Owner Of Offending Vehicle Metador Bearing Registration No. C. G. 04 / 8504 ), District : Raipur, Chhattisgarh. 3 - Manager , Cholamandalam Insurance Company Limited , Near Garden Shankar Nagar Chowk Raipur District Raipur Chhattisgarh. ( Insurer Of Offending Vehicle Metador Bearing Registration No. C. G. 04 / 8504 ), District : Raipur, Chhattisgarh. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 ... Respondent(s) For Appellant(s) : Mr. Gajendra Chelak, Advocate. For Respondent Nos. 1 & 2 : None. For Respondent(s) No. 3 : Mr. Ashish Pandey, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 16/10/2025 1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, against the award dated 22.9.2016 passed by the learned 8th Additional Motor Accident Claims Tribunal, Raipur (C.G.), in Claim Case No. 93/2010 whereby an amount of Rs. 4,55,000/- with interest @ 7% per annum has been awarded in the favour of the claimants of the deceased for their irreparable loss. 2. Brief facts of the case, is that the appellants filed a claim under Sections 166 and 140 of the Motor Vehicle Act, 1988, seeking a total compensation of Rs. 15,00,000 for the death of Shekhar Vishwakarma in a motor vehicle accident. The deceased, who was the appellants’ son and approximately 20 years old, was returning from Bilaspur to Raipur on 12.04.2008, driving the offending vehicle, a Metador with registration number C.G. 04/8504, owned by respondent No. 1. Near the village Temari, at around 7:05 PM, the vehicle was driven rashly and negligently, 3 resulting in the vehicle hitting a tree. Shekhar Vishwakarma suffered grievous injuries to his chest, head, and other parts of his body, was admitted to Dr. Bhimrao Ambedkar Smriti Hospital in Raipur, and died on 16.12.2008 during treatment. An FIR was lodged, and an offence was registered against respondent No. 1. The appellants claimed that the deceased was working as a laborer, earning Rs. 36,000/- per annum, and sought Rs. 15,00,000/- as compensation. The respondents denied the claim in their written statement. The learned Claims Tribunal framed issues, recorded witness statements, and awarded Rs. 2,27,500 to the appellants for the death of Shekhar Vishwakarma. However, the appellants contend that this awarded amount is neither just nor proper in the eyes of the law. 3. The tribunal assessed the income of the deceased at Rs. 2,500/- per month i.e. Rs. 30,000/- per annum. After adding 50% towards future prospects i.e. Rs. 15,000/-, the annual income comes to Rs. 45,000/-. After deduction of 1/2 of the income i.e. Rs. 22,500/- for personal expenses, the amount would be Rs. 22,500/- and considering the age of the deceased to be 20 years and the appellants/claimants are the parents of the deceased, the Tribunal applied the multiplier of 18 and calculated the total loss of dependency as Rs. 4,05,000/-. Further Rs. 25,000/- towards funeral expenses, Rs. 25,000/- towards loss of estate 4 and Rs. 40,000/- towards loss of consortium has been awarded. Accordingly, the Claims Tribunal has awarded total compensation of Rs. 4,55,000/- in favour of the parents of the deceased with interest @ 7% per annum, from the date of application till its realization. Hence, this appeal for enhancement. 4. Learned counsel for the appellants/claimants submits that the claims Tribunal has awarded a sum of Rs. 4,55,000/- which is not in accordance with law and the same is required to be enhanced in accordance with law. He further submits that the compensation awarded under other heads is also on lower side and needs to be enhanced. Hence, this appeal may be allowed by enhancing the compensation amount suitably. 5. On the other hand, it has argued on behalf of the counsel for 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. None for respondent Nos. 1 & 2 i.e. driver and owner of the offending vehicle. 7. I have heard learned counsel for the parties and perused the material available on record. 8. 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 5 the case. It should neither be a meager amount of compensation, nor a Bonanza. 9. 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. 10. As regards the income of the deceased, though the claimants have pleaded that the deceased was earning Rs. 36,000/- per annum from his work, but no documentary evidence in this regard has been produced by the claimants. The learned claims Tribunal has assessed the income of the deceased as Rs. 2,500/- per month. Therefore, in absence of any reliable evidence regarding income of the deceased, keeping in mind the nature of occupation, date of accident, price index and cost of living etc. especially notification by Labour Department for minimum wages. Upon considering the aforementioned factors, I find it appropriate to take income of deceased as Rs. 3,000/- per month as per minimum wages, the annual income comes to Rs. 36,000/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding 50% towards future prospects i.e. Rs. 18,000/-, the annual income comes to Rs. 54,000/-. 11. Considering the fact that the deceased was aged about 20 years 6 and the appellant/claimants are the parents of the deceased so deduction towards personal expenses would be 1/2 (Rs. 27,000/-) of the income and after deduction of the same the annual dependency comes to Rs. 27,000/-. In view of judgment of the Hon’ble Supreme Court in Sarla Verma (Smt.) and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 and National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 and also considering the age of the deceased, after applying multiplier of 18, the total loss of dependency works out to Rs. 4,86,000/-. 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. Vs. Nanu, reported in AIR Online 2018 SC 189, the claimants are further entitled for Rs. (40,000/-X2+10%+10%) each (with increase of 10% in every three years) i.e. Rs. 96,000/- for consortium. Accordingly, the appellants/claimants i.e. parents of the deceased would become entitled for total compensation of Rs. 6,18,000/- in the following manner:- S.No. Heads Calculation 01 Towards loss of dependency Rs. 4,86,000/- 02 Towards consortium along with with increase of 10% in every Rs. 96,000/- 7 three years (40,000X2+10% +10%). 03 Towards loss of estate along with increase of 10% in every three years. Rs. 18,000/- 04 Towards Funeral Expenses along with increase of 10% in every three years. Rs. 18,000/- Total Rs. 6,18,000/- 12. Thus, the total compensation is recomputed as Rs. 6,18,000/-. After deducting Rs. 4,55,000/- as awarded by the tribunal, the enhancement would be Rs. 1,63,000/-. 13. In the result, the appeal is partly allowed. The claimants/appellants i.e. parents of the deceased shall be entitled for the enhanced amount of Rs. 1,63,000/- 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/- (Amitendra Kishore Prasad) Judge Vishakha