1 2025:CGHC:54644 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 480 of 2021 1 - Smt. Amrika Bai Dewangan W/o Late Ghanshyam Singh Dewangan, Aged About 43 Years R/o House No. 659, Ward No.- 16, Chandkhuri, Tahsil And District Durg Chhattisgarh..................Claimant, District : Durg, Chhattisgarh 2 - Loknath Dewangan S/o Late Ghanshyam Singh Dewangan, Aged About 27 Years R/o House No. 659, Ward No.- 16, Chandkhuri, Tahsil And District Durg Chhattisgarh..................Claimant, District : Durg, Chhattisgarh 3 - Ku. Neetu Dewangan D/o Late Ghanshyam Singh Dewangan, Aged About 22 Years R/o House No. 659, Ward No.- 16, Chandkhuri, Tahsil And District Durg Chhattisgarh..................Claimant, District : Durg, Chhattisgarh 4 - Smt. Budhyarin Dewangan (Deleted ) As Per Honble Court Order Dated 09-07- 2025 ... Petitioner(s) versus 1 - Shubham Dewangan S/o Dilip Dewangan Aged About 19 Years R/o Village Tilai, Near Daihan Sandha Mandir, Ward No.- 6, Tahsil And District Rajnandgaon Chhattisgarh................Driver, District : Rajnandgaon, Chhattisgarh 2 - Dilip Dewangan S/o Chabi Dewangan, Aged About 48 Years R/o Village Tilai, Near Daihan Sanha Mandir, Ward No.- 6, Tahsil And District Rajnandgaon Chhattisgarh.................Owner, District : Rajnandgaon, Chhattisgarh 3 - Sitaram Dewangan S/o Biselal Dewangan, Aged About 49 Years R/o Village Tilai, Tahsil And District Rajnandgaon Chhattisgarh............Driver, District : Rajnandgaon, Chhattisgarh NIRMALA RAO 2 4 - Kameshwar Dewangan S/o Sitaram Dewangan, Aged About 25 Years R/o Village Tilai, Tahsil And District Rajnandgaon Chhattisgarh.............Owner, District : Rajnandgaon, Chhattisgarh 5 - I.C.I.C.I. Lombard General Insurance Company Limited, Through Branch Manager, Branch Office- Ground Floor Vanijya Bhawan, Devendra Nagar Road, Tahsil And District Raipur Chhattisgarh.............Insurer, District : Raipur, Chhattisgarh ... Respondent(s) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- For Appellants : Shri P.R. Patankar, Advocate. For Respondents No.1 & 2 : Shri Sumit Singh, Advocate. For Respondent No.5 : Shri Shobhit Mishra, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10.11.2025 1. The appellants/ claimants have filed this appeal under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 17.2.2021, passed in Claim Case No.377 of 2019 by the learned Fourth Additional Motor Accident Claims Tribunal, Durg, District Durg whereby the learned Tribunal passed an award to the tune of Rs.6,03,755/- and directed the Insurance Company to make payment with interest @ 6% per annum on account of death of Ghanshyam Singh. 2. Learned counsel for the appellants would submit that on 6.5.2019 at about 7:00 pm, the deceased was travelling as a pillion rider on a motorcycle bearing registration No.C.G. 04 MK 3167, and said motorcycle was hit by another motorcycle bearing registration No.C.G. 08 N 9638 resultantly, the deceased sustained grievous injuries and succumbed to them on 22.5.2019 during the course of treatment. He 3 would further submit that the claimants are widow, mother and children of the deceased. He would submit that the deceased was a vegetable vendor earning approximately Rs.10,000/- per month; however, the learned Tribunal has assessed his notional monthly income Rs.3,000/-, which is at lower side. He would further submit that the learned Tribunal has not awarded compensation for loss of consortium to claimants No.2 & 3, who are children of the deceased. He would fairly submit that on other conventional heads, the learned Tribunal has awarded just and proper compensation. 3. On the other hand, learned counsel for the respondents would oppose the submissions made by counsel for the appellants. They would submit that the claimants failed to prove the income of the deceased by leading any evidence. They would further submit that the learned Tribunal has awarded just and proper compensation and the appeal deserves to be dismissed. 4. Heard learned counsel for the parties and perused the documents present on the record with utmost circumspection. 5. Admittedly, the deceased was a pillion rider, his age was 49 years on the date of accident. He was a vegetable vender by occupation. In the absence of evidence regarding his income, the learned Tribunal has assessed his notional monthly income at Rs.3,000/-, which is at lower side. Even if the claimants failed to adduce evidence to prove the exact income of the deceased, the learned Tribunal ought to have taken into consideration the minimum wages matrix applicable in the State of Chhattisgarh at the relevant time while assessing the income. The minimum wages admissible to an unskilled labourer in May, 2019 was Rs.8,400/- per month and this figure should have been considered 4 by the learned Tribunal while computing the compensation. With regard to loss of consortium, learned Tribunal has committed an error of law while granting compensation under this head only to claimant No.1/ wife of the deceased. The other claimants being the children of the deceased are also entitled to compensation towards loss of consortium. On other heads such as future prospects, loss of estate and funeral expenses, the learned Tribunal has granted just compensation. 6. Taking into consideration the above-discussed facts, in my opinion, the compensation granted by the learned Tribunal requires recomputation and same is revisited herein below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Monthly Income Rs. 3,000/- Rs. 8,400/- 2. Future Prospects (25%) (750/-)(3,000 + 750 = 3,750/-) (25%) (2,100/-) (8,400 + 2,100 = 10,500/-) 3. Deduction (-) 1/4th (937/-) (3,750 – 937 = 2,813/- (-) 1/4th (2,625/-) (Rs.10,500-2,625) = Rs. 7,875/- 4. Income (Yearly) 2,813 x 12 = 33,756/- 7,875 x 12 = 94,500/- 4. Multiplier (x) 13 = Rs. (33,756 x 13= 4,38,828/-) (x) 13 = Rs. (94,500 x 13 = 12,28,500/-) 5. Loss of Estate Rs. 15,000/- Rs. 15,000/- 6. Funeral expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium Rs. 40,000/- Rs. 40,000/- + 48,000 x 2 = 96,000/- (Claimants No.2 & 3/ children of the deceased) 8. Medical Expenses Rs.94,927/- Rs.94,927/- TOTAL Rs. 6,03,755/- Rs. 14,89,427/- 5 7. In view of the aforesaid analysis, the amount of compensation of Rs.6,03,755/- awarded by the Claims Tribunal is enhanced to Rs.14,89,427/-. Hence, after deducting the amount of Rs.6,03,755/-, the appellants/claimants are entitled for an additional amount of Rs.8,85,672/-. The Insurance Company is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Nimmi