-1- NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 775 of 2021 1 - Kunti Mehar W/o Late Purushottam Mehar Aged About 44 Years R/o House No. 452/g, Near Durga Temple Bhatapara , Post Tadola, Tehsil Sarangarh, Police Station Sarangarh , District Raigarh Chhattisgarh. Present Address Hemunagar Torwa , Police Station Torwa, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Ku. Madhuri Mehar S/o Late Purushottam Mehar Aged About 22 Years R/o House No. 452/g, Near Durga Temple Bhatapara , Post Tadola, Tehsil Sarangarh, Police Station Sarangarh , District Raigarh Chhattisgarh. Present Address Hemunagar Torwa , Police Station Torwa, District Bilaspur Chhattisgarh. 3 - Gulshan Mehar S/o Late Purushottam Mehar Aged About 19 Years R/o House No. 452/g, Near Durga Temple Bhatapara , Post Tadola, Tehsil Sarangarh, Police Station Sarangarh , District Raigarh Chhattisgarh. Present Address Hemunagar Torwa , Police Station Torwa, District Bilaspur Chhattisgarh. 4 - Chandrawati Mehar W/o Nohar Prasad Mehar Aged About 69 Years R/o House No. 452/g, Near Durga Temple Bhatapara , Post Tadola, Tehsil Sarangarh, Police Station Sarangarh , District Raigarh Chhattisgarh. Present Address Hemunagar Torwa , Police Station Torwa, District Bilaspur Chhattisgarh. ... Appellants versus 1 - Shivkumar Sahu S/o Kheduram Sahu Aged About 42 Years R/o Village Sel Kasdol , Police Station Kasdol , District Raipur Chhattisgarh. (Driver Turk No. Cg 04 Jc 5923), District : Raipur, Chhattisgarh 2 - Pravin Kumar Singh S/o Vijay Kumar Singh R/o Lawan Road Balaudabazar, District Balaudabazar Chhattisgarh. (Owner Turk No. Cg 04 Jc 5923) 3 - The New India Insurance Company Ltd. Branch Office, 1st Floor, Rama Trade Center , Opposite Rajiv Plaza, Old Bus Stand Bilaspur , Tehsil And District Bilaspur Chhattisgarh. (Insurer Turk No. Cg 04 Jc 5923) ... Respondents For Appellants/Claimants : Mr. Shashwat Yechuri, Advocate holding the brief of Mr. D.L. Dewangan, Adv. For respondent No.3 : Ms. Swati Agrawal, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board -2- 24.11.2025 1) The appellants/claimants have filed this appeal for enhancement of compensation against an award passed by the learned 8th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No.1149/2019 dated 20.09.2021, whereby, the learned Tribunal has granted compensation to the tune of Rs.13,52,050/- with interest @ 9% per annum on account of death of Purushottam Mehar. 2) Learned counsel appearing for the appellants/claimants would submit that on 23.09.2019 at about 4:00 pm., the driver of the offending truck bearing registration No.C.G.04-JC-5953 by driving it rashly and negligently dashed the deceased Purushottam Mehar, who was going his home on his bike. In the accident, Purushottam Mehar sustained injuries and during course of treatment died. He would further submit that the deceased was earning Rs.15,000/- per month as he was a vegetable vendor and his age was 45 years. He would contend that the learned Tribunal has considered the income of the deceased at lower side and further failed to award compensation for loss of consortium to all the claimants. He would further contend that the claimants are widow, two children and mother of the deceased. He would pray to enhance the compensation accordingly. 3) On the other hand, the learned counsel appearing for the respondent/Insurance Company would oppose the submissions made by Mr. Yechuri. She would submit that the learned Tribunal has granted just and proper compensation. She would contend that the appeal deserves to be dismissed. 4) I have heard the learned counsel appearing for the parties and perused the record with utmost circumspection. 5) Admittedly, the age of the deceased 45 years and he was a vegetable vendor but the claimants could not prove income of the deceased Rs.15,000/- per month by -3- leading cogent evidence, therefore, the learned Tribunal treated him an unskilled labourer. The finding recorded by the learned Tribunal appears to be proper. Learned Tribunal considered the monthly income of the deceased Rs.8,140/-, whereas, minimum wages admissible to an unskilled labourer in the month of September, 2019 was Rs.8,660/- thus, the income part requires reconsideration. Further, learned Tribunal has awarded a sum of Rs.40,000/- for loss of consortium, whereas, number of dependents are four. On other heads, learned Tribunal has awarded just and proper compensation. 6) Taking into consideration the above-discussed facts, the compensation requires recomputation and same is being revisited herein below : Sr.No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Yearly Income Rs.8,140 x 12= 97,680/- Rs.8,660 x 12 = 1,03,920/- 2. Future Prospect 25% of 97,680 =24,420/- 97,680 + 24,420=1,22,100/- 25% of 1,03,920=25,980/- 1,03,920 + 25,980 = 1,29,900/- 3. Deduction ¼ of 1,22,100 = 30,525/- 1,22,100 – 30,525 = 91,575/- 1/4 of 1,29,900 = 32,475/- 1,29,900-32,475 = 97,425 4. Multiplier 14 x 91,575 =12,82,050/- 14 x 97,425 =13,63,950 5. For funeral expenses Rs.15,000/- Rs.15,000/- 6. For loss of Estate Rs.15,000/- Rs.15,000/- 7 Loss of Consortium (for appellant No.1) Rs.40,000/- Rs.40,000/- 8. Loss of Consortium (for appellant No.2, 3 & 4) Not awarded Rs.40,000 x 3 = 1,20,000/- 9. Total Rs.13,52,050/- Rs.15,53,950/- -4- 7) Accordingly, the amount of compensation of Rs.13,52,050/- awarded by the Claims Tribunal is enhanced to Rs.15,53,950/-. Hence, after deducting the amount of Rs.13,52,050/-, the appellants are entitled for an additional amount of Rs.2,01,900/-. The additional amount of compensation shall carry interest @ 9% per annum from the date of application till its realization. The rest of the terms and conditions of award shall remain intact. 8) Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Rekha