1 2025:CGHC:59692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 839 of 2024 1 - Smt. Ramkumari W/o Late Jaypal Singh Siro Aged About 45 Years R/o Village - Bamhanikhurd (Manjurpahari) Thana - Seepat, Tahsil - Seepat And District Bilaspur (C.G.),...(Claimants). 2 - Arjun Singh S/o Late Jaypal Singh Siro Aged About 16 Years Minor, Through Legal Guardian Mother Smt. Ramkumari W/o Late Jaypal Singh Siro, R/o Village - Bamhanikhurd (Manjurpahari) Thana - Seepat, Tahsil - Seepat And District Bilaspur (C.G.). 3 - Bhim Singh Siro S/o Late Jaypal Singh Siro Aged About 12 Years Minor, Through Legal Guardian Mother Smt. Ramkumari W/o Late Jaypal Singh Siro, R/o Village - Bamhanikhurd (Manjurpahari) Thana - Seepat, Tahsil - Seepat And District Bilaspur (C.G.). ... Appellants versus 1 - Rameshwar Singh S/o Devkumar Singh Aged About 36 Years Occupation - Driver, R/o Village - Semari, Thana - Koni, Tahsil - Bilaspur And District Bilaspur (C.G.), (Driver Of The Offending Vehicle Tractor No. C.G.11/a.E./6762),...(Driver) 2 - Khemlal Dewangan S/o Devnath Dewangan Aged About 64 Years R/o Village Bamhanikhurd (Manjurpahari) Thana - Seepat, Tahsil - Seepat And District - Bialspur (C.G.), (Registered Owner Of The Offending Vehicle Tractor No. C.G.11/a.E./6762),...(Owner) Digitally signed by NADIM MOHLE 2 3 - The United India Insurance Company Limited Through Branch Manager, Branch Office, R/o 2nd Floor Guru Kripa Tower Vyapar Vihar Bilaspur, In Front Of Reynolds Show Room Bilaspur Tahsil And District Bilaspur (C.G.), (Insurer Of The Offending Vehicle Tractor No. C.G.11/a.E./6762)...(Insurer) ... Respondent(s) For Appellants : Mr. A. L. Singroul, Advocate For Respondent No.3 : Mr. Raj Awasthi, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 09/12/2025 1. The claimants/appellants have preferred the present appeal seeking enhancement of compensation against the award dated 11.01.2024 passed by the learned Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, in Claim Case No. 579/2019, whereby the learned Tribunal has granted a sum of Rs. 11,79,000/- with interest @ 9% per annum on account of death of Jaypal Singh Siro. 2. Mr. Singroul, learned counsel appearing for the claimants would submit that on 26.03.2019, while the deceased Jaypal was returning his home, the driver of the offending truck bearing registration number CG-11- AE-6762, by driving it rashly and negligently, dashed him from backside. As a result, he fell down, sustained grievous injuries, and subsequently succumbed to death. The claimants, who are the widow and two minor children of the deceased, filed a claim case under Section 166 of the Motor Vehicles Act, wherein they pleaded that the age of the deceased was 50 years and his monthly income was 10,000, ₹ as he was working as a mason. 3. He would further submit that the learned Tribunal assessed the income of the deceased at 7,800 per month, which is on the lower side. He ₹ submits that the learned Tribunal ought to have treated the deceased 3 as a skilled labourer. He fairly submits that on conventional heads, the learned Tribunal has granted just and proper compensation. 4. On the other hand, Mr. Raj Awasthi, learned counsel appearing for the Insurance Company would oppose the submissions made by the counsel for the claimants and submit that the claimants could not adduce evidence to prove that the deceased was working as a mason therefore, the learned Tribunal rightly assessed the income of the deceased at 7,800 per month. He submits that the appeal deserves to ₹ be dismissed. 5. I have heard learned counsel for the parties and perused the record. 6. From a perusal of the record, it appears that the claimants failed to adduce documentary evidence to establish that the deceased was working as a mason & there is only an oral assertion to that effect, therefore, the learned Tribunal rightly treated the deceased an unskilled labourer. According to the minimum wages matrix, the minimum wages admissible to an unskilled labourer in the month of March 2019 was ₹8,660 per month, and thus, the learned Tribunal ought to have taken that figure while computing the income of the deceased. 7. The learned Tribunal has applied multiplier 13, looking to the age of the deceased, and deducted 1/3rd towards his personal and living expenses, considering the number of dependents. The learned Tribunal further granted compensation under the heads of loss of consortium, funeral expenses, and loss of estate, and also added 25% of income towards future prospects. 8. With regard to the income of the deceased, the compensation requires reconsideration, accordingly, the compensation granted by the learned Tribunal is recomputation as under:- 4 Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1 Annual Income Rs. 7,800 × 12 = Rs. 93,600 Rs. 8,660 × 12 = Rs. 103,920 2 After deduction (1/3rd) 1/3 of 93,600 = 31,200; 93,600 − 31,200 = Rs. 62,400 1/3 of 103,920 = 34,640 103,920 − 34,640 = Rs. 69,280 3 Future prospect (25%) 25% = 62,400 + 15,600 = Rs. 78,000 25% = 69,280 + 17,320 = Rs. 86,600 4 Multiplier 13 (annual × multiplier) 78,000 × 13 = Rs. 1,014,000 86,600 × 13 = Rs. 1,125,800 5 Loss of consortium 44,000 × 2 = Rs. 88,000 44,000 × 3 = Rs. 132,000 6 Loss of Estate Rs. 16,500 Rs. 16,500 7 Funeral Expenses Rs. 16,500 Rs. 16,500 8 Total Compensation Rs. 11,35,000 Rs. 12,90,800/- 9 Final Compensation Rs. 12,90,800 – 11,35,000 = Rs. 1,55,800 9. In view of the above calculation, the claimants shall be entitled to an additional sum of Rs. 1,55,800/-. The insurance company is directed to pay the enhanced compensation Rs. 1,55,800/- with interest @ 9% per annum to the appellants/claimants within a period of 60 days. Rest of 5 the terms and conditions of the award shall remain intact. Accordingly, the appeal filed by the claimants is allowed in part to the extent indicated hereinabove. Sd/- Rakesh Mohan Pandey JUDGE Nadim