1 2025:CGHC:20695 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 362 of 2019 1. Smt. Rajkumari Patel Wd/o Late Shri Dayaram, Aged About 30 Years, R/o Village- Nirtu, Post- Ghutku, Police Station- Sarkanda, Tahsil- Takhatpur , District Bilaspur Chhattisgarh. 2. Ku. Bharati Patel D/o Late Shri Dayaram, Aged About 10 Years, Minor Represented Through Their Mother And Next Friend Smt. Rajkumari, R/o Village- Nirtu, Post- Ghutku, Police Station- Sarkanda, Tahsil- Takhatpur , District Bilaspur Chhattisgarh. 3. Ku. Swati Patel D/o Late Shri Dayaram, Aged About 7 Years, Minor Represented Through Their Mother And Next Friend Smt. Rajkumari, R/o Village- Nirtu, Post- Ghutku, Police Station- Sarkanda, Tahsil- Takhatpur , District Bilaspur Chhattisgarh. 4. Ku. Aditi Patel D/o Late Shri Dayaram, Aged About 3 Years, Minor Represented Through Their Mother And Next Friend Smt. Rajkumari, R/o Village- Nirtu, Post- Ghutku, Police Station- Sarkanda, Tahsil- Takhatpur , District Bilaspur Chhattisgarh. 5. Sewak Ram Patel S/o Late Shri Rakhi Aged About 65 Years R/o Village- Nirtu, Post- Ghutku, Police Station- Sarkanda, Tahsil- Takhatpur , District Bilaspur Chhattisgarh. 6. Smt. Gulaba Patel W/o Sewak Ram Patel Aged About 60 Years R/o Village- Nirtu, Post- Ghutku, Police Station- Sarkanda, Tahsil- Takhatpur , District Bilaspur Chhattisgarh. 7. Ku. Arti Patel D/o Dayaram Aged About 1 Years Minor Represented Through Their Mother And Next Friend Smt. Rajkumari, R/o Village- Nirtu, Post- Ghutku, Police Station- Sarkanda, Tahsil- Takhatpur , District Bilaspur Chhattisgarh. ... Appellants versus SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.05.08 09:41:44 +0530 2 1. Ramayan Rohit Das S/o Birij Ram, Aged About 35 Years, R/o Hardi Bazar, Tahsil- Pali, District Korba Chhattisgarh (Driver). 2. Smt. Dharmin Bai Ratre W/o Ram Khilawan Ratre, Aged About 40 Years, R/o H.No. 274, Hardi Bazar, Korba, District Korba Chhattisgarh (Owner). 3. I C I C I Lumbard House No. 414, Veer Sawarkar Marg, Near Siddhi Vinayak Temple, Prabha Devi, Mumbai Maharashtra District : Mumbai, Maharashtra. ... Respondents For Appellants/Claimants : Mr. R.V. Rajwade, Advocate. For Respondent No. 3 : Mr. Saurabh Gupta, Advocate on behalf of Mr. Sourabh Sharma Advocate. For other Respondents : None. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (06.05.2025) 1. This appeal arises out of the impugned award dated 28.10.2015 passed by the 09th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in M.A.C.T No. 537/2014 awarding a compensation of Rs. 6,32,500/-with interest @ 7.5% per annum, in favour of the appellants/claimants for their irreparable loss. 2. The averment in the claim petition, in brief, is that on 17.12.2012, Dayaram (now deceased) was going to market of village Sendari on his cycle for selling his vegetables. In the meantime, a Tata Magic Pickup (Chhota Hathi) without any registration number, came from Ratanpur side and the same was being driven by respondent No. 1 in a rash & negligent manner, dashed into the deceased. As a result of which Dayaram (deceased) sustained grievous injuries and during treatment he died. After that, a report was lodged based on the above stated offence. It is stated that on the date of the incident, 3 the age of the deceased was 34 years and he was doing the business of vegetables seller and was earning Rs. 25,000/- per month from his work. Due to the casual death of the husband/father/son of the appellants/claimants, there is an irreparable loss to the appellants. Therefore, the appellants preferred an application to claim a total compensation of Rs. 1,67,10,000/- for their irreparable loss. 3. The learned Claims Tribunal based on the pleadings of the parties, framed issues and, after appreciation of evidence and material available on record, the income of the deceased was taken as Rs.4,500/- per month. Further, the age of the deceased was considered as 36 years at the time of the accident. Learned Tribunal found that claimants are wife, children, mother, father and grandmother (total persons 8), so deduction towards personal and caring expenses would be 1/4, and after applying a multiplier of 15, the total loss of dependency works out to Rs. 6,07,500/- and Rs.25,000/- has been awarding on other heads. Thus, total compensation of Rs. 6,32,500/- with interest @ 7.5% per annum, in favour of the appellants/claimants. 4. Learned counsel for the appellants/claimants submits that the claimants have pleaded the income of the deceased as Rs.25,000/- per month but the learned Claims Tribunal has only assessed notional income as Rs. 4,500/- per month which is on the lower side and by considering the number of claimants i.e., 07, the deduction should be 1/5. Learned counsel for appellants further submits that the tribunal has not computed future prospect which should be computed as 40% and he also submits that the Tribunal has awarded lesser compensation under other heads which also needs to be enhanced suitably. Therefore, this appeal may be allowed. 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 Learned Claims Tribunal is 4 just and proper and requires no further enhancement. 6. Heard counsel for the parties and perused the documents 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 Rs.6,32,500/- awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 9. As regards income of the deceased, though the claimants have pleaded income of the deceased as Rs.25,000/- per month from the business of vegetable seller but no documentary evidence in support thereof has been adduced, but it cannot be said that the deceased was not earning anything, therefore, keeping in mind the wage structure prevailing on the date of accident i.e., 17.12.2012 and as per the notification by Labour Department, the minimum wages of un-skilled worker at that point of time was Rs.4,646/-. Therefore, I find it appropriate to take income of deceased as Rs. 4,646/- per month as per the minimum wages. The annual income of the deceased comes to Rs. 55,752/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680, considering the age of the deceased as 36 years, after adding 40% towards future prospects i.e. Rs. 22,300/-, the annual income of the deceased comes to Rs. 78,052/-. 10.The deceased was a married person. There were eight claimants before the Tribunal but due to death of one claimant (Agasiya Bai), the remaining total number of claimants are seven who are the wife, children and parents of the deceased, so deduction towards personal and caring expenses would be 1/5 instead of 1/4 i.e.,15,610/-, the annual dependency comes to Rs. 62,442/-. In view of judgment of the Hon’ble Supreme Court in 5 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 considering the age of the deceased, after applying multiplier of 15, as has rightly held by the Claims Tribunal, the total loss of dependency works out to Rs. 9,36,630/-. The claimants are further entitled for loss of estate Rs. 15,000/-, for funeral expenses Rs. 15,000/- and as per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the claimants are further entitled for loss of love and affection Rs. 40,000/- each i.e. Rs.2,80,000/-. Therefore, the claimants would become entitled for total compensation of Rs. 12,46,630/-. Thus, the claimants are entitled for compensation in the following manner:- S.No. Heads Calculation 01 Compensation towards dependency Rs. 9,36,630/- 02 Towards loss of estate Rs. 15,000/- 03 Towards Love and affection to all the seven claimants @ Rs. 40,000/- Rs. 2,80,000/- 04 Towards Funeral Expenses Rs. 15,000/- Total compensation Awarded Rs. 12,46,630/- 11. Thus, the total compensation is recomputed as Rs. 12,46,630/-. After deducting Rs. 6,32,500/- as awarded by the tribunal, the enhancement would be Rs. 6,14,130/-. The enhanced amount will carry interest @ 6% per annum from the date of enhancement of the award till its realization. 12. Accordingly, the appeal of the appellants is partly allowed to the extent indicated hereinabove and rest of the conditions shall remain intact. 13. The Registry is further directed to communicate the claimants 6 in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.