1 2025:CGHC:61493 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 665 of 2024 1. Smt. Subhashini Tiwari W/o Late Dushyant Kumar Tiwari Aged About 56 Years R/o 6/19 Santoshi Nagar, Ward No. 06, Abhanpur, P.S.- Abhanpur, District- Raipur, Chhattisgarh 2. Ku. Bhoomika Tiwari D/o Late Dushyant Kumar Tiwari Aged About 30 Years R/o 6/19 Santoshi Nagar, Ward No. 06, Abhanpur, P.S.- Abhanpur, District- Raipur, Chhattisgarh 3. Rupesh Tiwari S/o Late Dushyant Kumar Tiwari Aged About 28 Years R/o 6/19 Santoshi Nagar, Ward No. 06, Abhanpur, P.S.- Abhanpur, District- Raipur, Chhattisgarh 4. Ku. Chanchal Tiwari D/o Late Dushyant Kumar Tiwari Aged About 26 Years R/o 6/19 Santoshi Nagar, Ward No. 06, Abhanpur, P.S.- Abhanpur, District- Raipur, Chhattisgarh ...Appellant(s) versus 1. Pappu @ Pawan Goswami @ Abhishek Goswami Through Tejinder Singh, S/o Vaasan Singh Siddhu, Through Dhananjay Kumar, R/o Quarter No. B-1470, Sector- 2, Dhruva Ranchi, District Ranchi, Jharkhand (Driver Of Vehicle No. J.H.-01-B.A.- 7969) 2. Tejinder Singh S/o Saasan Singh Siddhu Through Dhananjay Kumar, R/o Quarter No. B-1470, Sector- 2, Dhruva Ranchi, District Ranchi, Jharkhand (Owner Of Vehicle No. J.H.-01-B.A.- 7969) 3. The Oriental Insurance Company Ltd. Through- Division Manager, (Division No. -01) The Oriental Insurance Company Ltd., Jail Road, Raipur, District Raipur, Chhattisgarh (Insurer Of Vehicle No. J.H.-01-B.A.-7969) ... Respondent(s) Digitally signed by AJINKYA PANSARE Date: 2025.12.17 16:15:46 +0530 2 For Appellants : Mr. R.K. Thakur, Advocate For Respondent No. 3 : Mr. H.P. Agrawal, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 17-12-2025 1) The claimants have preferred this appeal under Section 173 of Motor Vehicles Act, 1988 for enhancement of the impugned award passed by learned Additional Motor Accident Claims Tribunal, Raipur (C.G.) in Claim No. 524/2018 dated 10.11.2023, whereby learned Tribunal has awarded compensation of Rs.9,03,980/- with interest @ 6% p.a. on account of death of Dushyant Tiwari. 2) Facts of the present case are that on 4.5.2016 at about 9:30 pm, deceased Dushyant Tiwari was going from Raipur to Gharwa in the offending vehicle Bus bearing registration No. JH-01-BA-7969 as a passenger. Driver of the bus drove it rashly and negligently due to which the bus turned turtle. In the accident, 17 passengers sustained injuries and Dushyant Tiwari died. Claimants, who are the widow and children of the deceased moved claim application and pleaded that the deceased was aged 60 years and he was a trained Driver earning Rs. 15,000/- per month. Insurance Company filed reply and denied the averments made in claim application. Learned Tribunal framed issues ; parties led evidence and thereafter award impugned was passed. 3 3) Learned counsel appearing for the claimants submits that deceased was a trained driver earning Rs. 15,000/- per month but the learned Tribunal assessed the income of the deceased to be Rs. 7,800/- per month only. He further submits that the claimants adduced sufficient evidence to prove the income of the deceased. He prays to enhance the amount of compensation. 4) On the other hand, learned counsel appearing for the Insurance Company would oppose. He submits that learned Tribunal has awarded adequate compensation and there is no need for interference. He further submits that this appeal deserves to be dismissed. 5) Heard learned counsel for the parties and perused the record with utmost circumspection. 6) Perusal of the record would show that Smt. Subhashini Tiwari (AW/1) stated that her husband i.e. deceased was a trained driver. She admitted that on the date of accident, one Basant Kumar was driving the bus. She further admitted that her husband was working with Kanker Roadways prior to the date of accident but he was not a permanent employee. She also admitted that she did not produce pay-register etc. to prove the income of the deceased. Shankar Kandeyong (AW/2), who was a passenger of the bus proved that the deceased was also a passenger of the bus on the fateful date. 4 7) The evidence led by the claimants would reveal that though the deceased was a driver but he was not engaged anywhere at the time of accident. Learned Tribunal considered the deceased a driver and assessed his monthly income to be Rs. 7,800/- whereas according to the minimum wage matrix, minimum wages payable to a skilled labourer in April, 2016 was Rs. 6,549/-. Thus, in my opinion, learned Tribunal has rightly assessed the income of the deceased. 8) Furthermore, learned Tribunal has granted 10% dependency towards future prospects ; deducted 1/4th dependency towards personal and living expenses of the deceased and applied multiplier of 9 looking to the age of deceased. Learned Tribunal has also awarded satisfactory amount towards loss of consortium, funeral expenses and loss of estate. 9) In view of the discussion made herein-above, in my opinion, learned Tribunal has passed just and proper compensation which does not warrant any interference. Consequently, this appeal fails and is hereby dismissed. No order as to cost(s). Sd/- Rakesh Mohan Pandey JUDGE A j i n k y a