1 2025:CGHC:53007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 842 of 2021 1 - Sumitra Yadav W/o Late Shri Ramcharan Yadav Aged About 45 Years R/o Bhedikona P.S. And Tahsil Dabhra, District Janjgir Champa, Chhattisgarh. 2 - Ku. Anita Yadav D/o Late Shri Ramcharan Yadav Aged About 21 Years R/o Bhedikona P.S. And Tahsil Dabhra, District Janjgir Champa, Chhattisgarh. 3 - Devprakash Yadav S/o Late Shri Ramcharan Yadav Aged About 17 Years Minor Through Natural Guardian Mother Sumitra Yadav W/o Late Shri Ramcharan Yadav, Aged About 45 Years, R/o Bhedikona P.S. And Tahsil Dabhra, District Janjgir Champa, Chhattisgarh. 4 - Ramvati Yadav Wd/o Late Chamru Yadav Aged About 75 Years R/o Bhedikona P.S. And Tahsil Dabhra, District Janjgir Champa, Chhattisgarh. ... Appellant versus 1 - Vijay Kumar Vaishnav S/o Late Shri Minketan Vaishnav Aged About 38 Years R/o Near National Convent School, Dabhra, P.S. And Tahsil Dabhra, District Janjgir Champa, Chhattisgarh. 2 - Icici Lombard General Ins. Co. Ltd. Vanijya Bhawan, Devendra Nagar Road, Raipur, District Raipur, Chhattisgarh. ... Respondent(s) Digitally signed by NADIM MOHLE 2 For Appellant : Mr. Hanuman Prasad Agrawal, Advocate For Respondent No.1 For Respondent No.2 : : Mr. Vipin Tiwari, Advocate Mr. Suraj Patel, Advocate on behalf of Mr. Shekhar Rao Saheb Amin, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 30/10/2025 1. The claimants/appellants have filed this appeal for enhancement against award dated 18.08.2021 passed in Claim Case No. 32/2020, whereby the learned Tribunal has granted compensation to the tune of Rs. 9,47,500/- with interest @ 7.50% per annum on account of death of Ramcharan Yadav. 2. Mr. Agrawal, learned counsel for the appellants would submit that on 13.12.2019 at about 3.00 hrs., the deceased Ramcharan Yadav along with his friend Indal Sidar were going towards main Road Dabhra, at the same time, driver of offending vehicle (Maruti Suzuki Celerio) CG- 11-AJ-2199 by driving it rashly and negligently dashed the motorcycle, consequently, Ramcharan Yadav sustained grievous injuries and died during the course of treatment. 3. Mr. Agrawal would further submit that the learned Tribunal has assessed the notional income of the deceased at Rs. 6,000/- per month, which is at lower side. He would submit that the learned Tribunal has not awarded compensation for loss of consortium; thus, he would pray to enhance the compensation. 4. On the other hand, learned counsel appearing for the respondents would oppose. 3 5. Heard. 6. From perusal of the award, it is apparent that the deceased was 48 years of age. Learned Tribunal has assessed the notional income at Rs. 6,000/- per month which appears to be at lower side according to the minimum wages matrix applicable in the State of Chhattisgarh at the relevant time. The minimum wages admissible to an unskilled labour in the month of December, 2019 was Rs. 8,600/-. 7. The learned Tribunal has awarded compensation for future prospect at 25%. However, the learned Tribunal failed to award compensation for loss of consortium according to the judgment rendered by the Hon'ble Supreme Court in the matter of National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680. 8. Taking into consideration above discussed facts, the compensation requires reconsideration & same is revisited hereinbelow: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income 6,000 x 12 = 72,000/- 8,600 x 12 = 1,03,200/- 2. Future Prospect 25% = 90,000/- 25% = 25,800/- 3. Total Annual Income 90,000/- 1,29,000/- 4. Deduction (1/4th) 1/4th = 67,500/- 1/4th = 32,250/- 5. Balance Annual Dependency 67,500/- 96,750/- 6. Multiplier (Age 48 years) 13 = 8,77,500/- 13 = 12,57,750/- 7. Loss of Estate 0 15,000/- 8. Funeral Expenses 70,000/- 15,000/- 9. Loss of Consortium (4 0 44,000 x 4 = 1,76,000/- 4 Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court members @ Rs. 40,000/- each) TOTAL Rs. 9,47,500/- Rs. 14,63,750/- 9. Accordingly, the appeal is allowed in part. The award dated18.08.2021 passed by the learned Tribunal in Claim Case No. 32/2020 is hereby modified. The total compensation is enhanced from Rs. 9,47,500/- to Rs.14,63,750/-. The respondent/Insurance Company is directed to pay the enhanced compensation of Rs. 5,16,250/- to the appellants/claimants along with interest @ 7.50% per annum from the date of filing of the claim petition till the date of realization, within a period of eight weeks from the date of receipt of certified copy of this order, failing which the entire enhanced amount shall carry penal interest @ 12% per annum from the date of filing of the claim petition till realization. 12. The respondent/Insurance Company shall be at liberty to adjust the amount already paid to the claimants in pursuance of the award passed by the learned Tribunal. 13. With the aforesaid observations and directions, the appeal stands allowed in part. Sd/- Rakesh Mohan Pandey JUDGE Nadim