1 2025:CGHC:52423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2028 of 2019 1. Bhanu Pratap Singh S/o Tilakdhari Aged About 50 Years R/o Village Bilaro, Police Station Patna, Tahsil Baikunthpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 2. Kaleshwari Bai W/o Bhanu Pratap Singh Aged About 45 Years R/o Village Bilaro, Police Station Patna, Tahsil Baikunthpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Appellant(s) versus 1. Anand Kumar Tiwari W/o K.N. Tiwari Aged About 45 Years R/o Quarter No. 131, Block-10, Virat Nagar, Secl Colony, Pandavpara, Tahsil Baikunthpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 2. Sunita Tiwari W/o Anand Kumar Tiwari Aged About 40 Years R/o Quarter No. 131, Block-10, Virat Nagar, Secl Colony, Pandavpara, Tahsil Baikunthpur, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 3. Branch Manager The Oriental Insurance Company Limited, Vista Raptal Office Behind Shanker Mandir, Sharma Complex, Mungeli, District Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh ... Respondent(s) For Appellants : Mr. Praveen Dhurandhar, Adv. For Respondents 1&2 : Mr. Ram Kumar Tiwari, Adv. For Respondents No.3 : Ms. Swati Agrawal, Adv. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board Digitally signed by AJINKYA PANSARE Date: 2025.10.30 14:10:07 +0530 2 28-10-2025 1) This appeal has been preferred by the appellants/ claimants under Section 173 of Motor Vehicle Act, 1988 assailing the award passed by learned Motor Accident Claims Tribunal, Baikunthpur, District Koriya in Claim Case No. 31/2017 dated 22.8.2019 whereby Claims Tribunal has passed an award to the tune of Rs. 6,72,600/- with interest @ 9% on account of death of Koushal Pratap Singh. 2) Facts of the present case are that on 28.11.2016, at about 6:30 p.m., Koushal Pratap Singh, aged about 25 years was going on his motorcycle, which was dashed by offending vehicle (Hyundai Car) bearing registration No. CG-15-CL-1395. It was being driven by respondent No. 2 in rash and negligent manner. In the accident, Koushal Pratap Singh sustained grievous injuries and died during treatment. Claimants, who are parents of the deceased moved a claim application claiming therein compensation to the tune of Rs. 92,40,000/-. Claims Tribunal framed issues ; parties led evidence and Claims Tribunal passed the award. 3) Learned counsel for the appellants submits that Claims Tribunal has assessed the notional income of the deceased to be Rs. 4,500/- 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 under conventional heads, Claims Tribunal has awarded meager amounts. He contends that Claims 3 Tribunal has not awarded any compensation towards loss of consortium in favor of parents of the deceased. He prays to modify the award accordingly. 4) On the other hand, learned counsel appearing for the Insurance Company submits that Claims Tribunal has rightly assessed the monthly income of the deceased and awarded appropriate compensation under the conventional heads and there is no scope to interfere with the award. She contends that this appeal deserved to be dismissed. 5) Heard learned counsel for the parties and perused the record with utmost circumspection. 6) Admittedly, Claims Tribunal has assessed the monthly income of the deceased to be Rs. 4,500/- whereas according to the minimum wage matrix applicable in the State of Chhattisgarh, minimum wages payable to an unskilled labourer in November, 2016 was Rs. 6,200/- per month and Claims Tribunal ought to have considered that figure. Further, Claims Tribunal has not awarded any compensation towards loss of consortium in favor of parents of the deceased. The accident occurred in November, 2016, therefore in the opinion of this Court, parents of the deceased are entitled to receive compensation for loss of consortium alongwith an additional sum of 30% i.e. Rs. 1,04,000/- according to the law laid down by the Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay 4 Sethi1. 7) However, under other conventional heads Claims Tribunal has awarded Rs. 15,000/- each towards loss of estate and funeral expenses and same does not warrant any interference. 8) Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of Pranay Sethi (supra), Sarla Verma & Ors Vs. Delhi Transport Corporation & Ors2. and Magma General Insurance Co. Ltd. V. Nanu Ram @ Chuhru Ram & Ors.3, this Court is computing the compensation as below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Annual Income Rs. 4,500 x 12 = Rs. 54,000/- Rs.6,200 x 12 = Rs. 74,400/- 2. Annual Income adding Future Prospect Rs.54,000+Rs.21,600= Rs.75,600/- (@40%) Rs.74,400 +Rs.29,760 = Rs.1,04,160/- (@40%) 3. Annual income after Deduction towards personal expenses Rs.37,800/- (@1/2) Rs.52,080/- (@1/2) 4. Annual Income after applying Multiplier Rs. 6,42,600/- (@17) Rs. 8,85,360/- (@17) 5. Loss of Estate Rs. 15,000/- Rs. 15,000/- 6. Funeral expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium NIL Rs. 1,04,000/- (parents) TOTAL Rs. 6,72,600/- Rs.10,19,360/- 1. (2017) 16 SCC 680 2. (2009) 6 SCC 121 3. (2008) 18 SCC 130 5 9) Accordingly, the amount of compensation of Rs.6,72,600/- awarded by the Claims Tribunal is enhanced to Rs.10,19,360/-. Hence, the appellants are entitled for an additional amount of Rs. 3,46,760/-. The Insurance Company is directed to make payment of additional compensation assessed herein-above within period of 60 days, failing which, the said amount shall carry an interest @ 18% p.a. 10) 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