1 2025:CGHC:53799 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1121 of 2020 1. Smt. Prabhawati Nag Wd/o. Late R.K. Das Nag Aged About 45 Years R/o Patelpara Parpa Tahsil Jagdalpur, P.S. Parpa District Bastar (Chhattisgarh), District : Bastar(Jagdalpur), Chhattisgarh 2. Ashok Kumar Nag S/o Late R.K. Das Nag Aged About 31 Years R/o Patelpara Parpa Tahsil Jagdalpur, P.S. Parpa District Bastar (Chhattisgarh), District : Bastar(Jagdalpur), Chhattisgarh 3. Dilip Nag S/o. Late R.K. Das Nag Aged About 29 Years R/o Patelpara Parpa Tahsil Jagdalpur, P.S. Parpa District Bastar (Chhattisgarh), District : Bastar(Jagdalpur), Chhattisgarh 4. Tarun Nag S/o. Late R.K. Das Nag Aged About 24 Years R/o Patelpara Parpa Tahsil Jagdalpur, P.S. Parpa District Bastar (Chhattisgarh), District : Bastar(Jagdalpur), Chhattisgarh 5. Suresh Nag S/o. Late R.K. Das Nag Aged About 17 Years Minor Therefore Represented Through Natural Guardian Smt. Prabhawati Nag (Mother) R/o Patelpara Parpa Tahsil Jagdalpur, P.S. Parpa District Bastar (Chhattisgarh), District : Bastar(Jagdalpur), Chhattisgarh ... Appellants versus 1. Aditya Kumar S/o Amarnath Pandey Aged About 27 Years Residence Of Village Semadi, Post Chhata Tahsil Baliya (Uttar Pradesh) Present Adress Village Marenga Bypass Road Near Marenga P.S. Parpa, District Bastar (Chhattisgarh) (Driver Of Vehicle), District : Bastar(Jagdalpur), Chhattisgarh Digitally signed by AJINKYA PANSARE Date: 2025.11.06 18:08:23 +0530 2 2. Kartinath Pandey S/o. Okarnath Pandey R/o. Mother Teresa Ward No. 26 Jagdalpur, District Bastar (Chhattisgarh) (Owner Of Vehicle), District : Bastar(Jagdalpur), Chhattisgarh 3. The Ifco Tokiyo General Insurance Co. Ltd. Through Branch Manager, Branch Office 305 Second Floor, Khichiriya Complex, Near Hotel Grand Dhilian Neharu Nagar Bhilai, District Durg (Chhattisgarh) (Insurance Co.), District : Durg, Chhattisgarh ... Respondents For Appellants : Mr. P.K. Tulsyan, Adv. For Respondent No.1&2 : Mr. Vikash A. Shrivastava, Adv. For Respondent No.3 : Mr. P.R. Patankar, Adv. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 4-11-2025 1) This appeal has been preferred by the appellants/ claimants under Section 173 of Motor Vehicle Act, 1988 assailing the award passed by Motor Accident Claims Tribunal, Bastar, Place– Jagdalpur in Claim Case No. 153/2019 dated 29.2.2020 whereby Claims Tribunal has passed an award to the tune of Rs.8,70,000/- with interest @ 9% on account of death of R.K. Das Nag. 2) Learned counsel for the appellants submits that the deceased was engaged in business of sale and purchase of agricultural cattles and he was aged about 50 years but Claims Tribunal has assessed the notional income of the deceased to be Rs. 6,000/- per month which is not in consonance with the minimum wage matrix applicable in the State of Chhattisgarh at the relevant time He further submits that claim case has been filed by the widow and four children of the deceased but Claims Tribunal has 3 deducted 1/3rd towards personal and living expenses of the deceased which is improper. She contends that Claims Tribunal has not awarded separate compensation towards loss of consortium to the appellants No. 2 to 4, who are major sons of the deceased and a meager sum of Rs. 20,000/- has been awarded to the appellant No. 5 towards loss of parental consortium. He prays to modify the award accordingly. 3) On the other hand, learned counsel appearing for the Insurance Company submits that appellants No. 2 to 4 are major sons of the deceased, therefore they would not come within the definition of “dependents” and appropriate deduction towards personal and living expenses should be 1/2. He further submits that claimants have pleaded the income of deceased to be Rs. 15,000/- per month but failed to lead evidence to prove the same, therefore Claims Tribunal has rightly considered the income of deceased to be Rs. 6,000/- per month. He contends that this appeal deserves to be dismissed. 4) Heard learned counsel for the parties and perused the record with utmost circumspection. 5) Admittedly, Claims Tribunal has assessed the monthly income of the deceased to be Rs. 6,000/- whereas according to the minimum wage matrix applicable in the State of Chhattisgarh, minimum wages payable to an unskilled labourer in June, 2019 was Rs. 8,400/- per month and Claims Tribunal ought to have considered that figure. Further, Claims Tribunal has deducted 1/3 4 rd dependency towards personal and living expenses of the deceased whereas looking to the number of dependents, appropriate decuction should be 1/4. Also, Claims Tribunal has only awarded Rs. 40,000/- to the appellant No. 1 (wife of deceased) and Rs. 20,000/- to the appellant No. 5 (minor son) towards loss of consortium whereas appellants No. 2 to 4, who are major sons of the deceased have not been awarded separate compensation towards loss of consortium. 6) Considering the facts and circumstance of the case, material available on record and in the light of judgment passed by the Hon’ble Supreme Court in the matter of National Insurance Co. Ltd Vs. Pranay Sethi & others, (2017) 16 SCC 680; Sarla Verma (supra) and sidram Vs. Divisional Manager, United India Insurance Company Limited and Anr., this Court is recomputing the compensation as below:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Annual Income Rs. 6,000 x 12 = Rs. 72,000/- Rs.8,400 x 12 = Rs. 1,00,800/- 2. Annual Income adding Future Prospect Rs.90,000/- (@25%) Rs.1,26,000/- (@25%) 3. Annual income after Deduction towards personal expenses Rs.60,000/- (@1/3) Rs.94,500/- (@1/4) 4. Annual Income after applying Multiplier Rs. 7,80,000/- (@13) Rs.12,28,500/- (@13) 5. Loss of Estate Rs. 15,000/- Rs. 15,000/- 5 6. Funeral expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium Rs. 60,000/- Rs. 2,28,000/- TOTAL Rs. 8,70,000/- Rs.14,86,500/- 7) Accordingly, the amount of compensation of Rs.8,70,000/- awarded by the Claims Tribunal is enhanced to Rs.14,86,500/-. Hence, the appellants are entitled for an additional amount of Rs. 6,17,500/-. The Insurance Company is directed to make payment of additional compensation assessed herein-above within period of 60 days with interest @ 9% p.a. from date of application, failing which, the said amount shall carry an interest @ 18% p.a. 8) Accordingly, the appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a