1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1104 of 2024 1. Vinod Vishwakarma S/o Shri Radheshyam Vishwakarma, Aged About 33 Years R/o Village Imli Duggu, Police Station Kotwali, District Korba (C.G.) 2. Aniket Vishwakarma S/o Late Ravi Vishwakarama, Aged About 3 Years Minor, Through Their Lagel Guardian Uncle Vinod Vishwakarma (Appellant No.1) R/o Village Imli Duggu, Police Station Kotwali, District Korba (C.G.) 3. Utkarsha Vishwakarma S/o Late Ravi Vishwakarma, Aged About 5 Years Minor, Through Their Lagel Guardian Uncle Vinod Vishwakarma (Appellant No.1) R/o Village Imli Duggu, Police Station Kotwali, District Korba (C.G.) 4. Radheshyam Vishwakarma S/o Late Seetaram, Aged About 63 Years R/o Village Imli Duggu, Police Station Kotwali, District Korba (C.G.) 5. Smt. Vimla Vishwakarma W/o Radheshyam Vishwakarma, Aged About 59 Years R/o Village Imli Duggu, Police Station Kotwali, District Korba (C.G.) --- Appellants versus 1. Shivdas Kushwaha R/o Babhani, Distrit Sonbhadra (U.P.) ---- (Driver Of Offending Vehicle Up-64/at-7178) 2. Devvrat Gupta (Expired And Deleted) As Per Court Order Dated 31.10.2025. Digitally signed by AJINKYA PANSARE Date: 2025.11.03 11:48:24 +0530 2 3. Branch Manager, Ifco Tokiyo General Insurance Company Limited, First Floor, Galaxy Height, Near, I.C.I.C. Bank, Bilaspur, District Bilaspur (C.G) ---------(Insurer Of Offending Vehicle Up 64/at-7178) --- Respondents WITH MAC No. 1140 of 2024 1. Vinod Vishwakarma Son Of Shri Radheshyam Vishwakarma Aged About 33 Years Resident Of Village Imli Duggu, Police Station Kotwali, District - Korba, Chhattisgarh. (Claimants) 2. Aniket Vishwakarma Son Of Late Ravi Vishwakarma Aged About 3 Years Minor Through Their Legal Guardian Uncle Vinod Vishwakarma (Appellant No. 1), Resident Of Village Imli Duggu, Police Station Kotwali, District - Korba, Chhattisgarh. 3. Utkarsha Vishwarkarma Son Of Late Ravi Vishwakarma Aged About 5 Years Minor Through Their Legal Guardian Uncle Vinod Vishwakarma (Appellant No. 1), Resident Of Village Imli Duggu, Police Station Kotwali, District - Korba, Chhattisgarh. 4. Radheshyam Vishwakarma Son Of Late Seetaram Vishwakarma Aged About 63 Years Resident Of Village Imli Duggu, Police Station Kotwali, District - Korba, Chhattisgarh. 5. Smt. Vimla Vishwakarma Wife Of Radheshyam Vishwakarma Aged About 59 Years Resident Of Village Imli Duggu, Police Station Kotwali, District - Korba, Chhattisgarh. ---Appellants Versus 1. Shivdas Kushwaha Resident Of Babhnai, District - Sonbhadra, (U.P.) (Driver Of Offending Vehicle Up – 64/at-7178) 2. Devvrat Gupta (Died And Deleted) As Per Honble Court Order Dated 31-10-2025. 3. Branch Manager Ifco Tokiyo General Insurance Company Limited, First Floor, Galaxy Height, Near I.C.I.C.I. Bank, Bilaspur, 3 District - Bilaspur, Chhattisgarh. (Insurer Of Offending Vehicel Up -64/at-7178) --- Respondents For Appellants : Mr. Anil Gulati, Advocate For Respondents : None, though served Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 31-10-2025 1) MAC/1104/2024 has been preferred by the appellants/ claimants assailing the award passed by the learned First Additional Motor Accident Claims Tribunal, Korba, District Korba in Claim Case No. 137/2019 dated 15.2.2024 whereby Claims Tribunal has awarded compensation to the tune of Rs. 17,66,077/- on account of death of Archana Vishwakarma. 2) MAC/1140/2024 has been preferred by the appellants/ claimants assailing the award passed by the learned First Additional Motor Accident Claims Tribunal, Korba, District Korba in Claim Case No. 136/2019 dated 15.2.2024 whereby Claims Tribunal has awarded compensation to the tune of Rs. 18,85,128/- on account of death of Ravi Vishwakarma. 3) Facts of the present cases are that on 12.6.2019, Ravi Vishwakarma along with his wife Archana Vishwakarma and children were going to Ajamgarh in Bolero vehicle. When they reached Govt. High School, Village Tanakhar, a pick-up vehicle bearing registration No. UP-64-AT-7178 dashed the Bolero vehicle. In the accident, Ravi and Archana sustained grievous 4 injuries ; Ravi died on the spot whereas Archana died during the course of treatment on 22.6.2019. Parents, children and brother of Ravi Vishwakarma filed respective claim cases ; Claims Tribunal framed issues ; parties led evidence and Claims Tribunal passed the awards impugned. 4) Mr. Anil Gulati, counsel appearing for the appellants/ claimants submits that at the time of accident, age of Archana Vishwakarma was 29 years old and she was house wife but the Claims Tribunal has assessed the notional income of Archana considering her to be an unskilled labour to the tune of Rs. 8,660/- which is erroneous as a house wife cannot be termed “unskilled” as she takes care of the entire household and has huge responsibility therefore she ought to be treated as semi-skilled labour. He further submits that Claims Tribunal has deducted 1/3rd of dependency towards personal expenses of the deceased whereas looking to the number of dependents, appropriate deduction ought to have been 1/4. He also submits that Claims Tribunal has not awarded separate compensation towards loss of consortium to all the claimants. 5) With regard to death of Ravi Vishwakarma, he contends that deceased was aged about 31 years and was working as Contractor and used to earn Rs. 25 lacs per annum but the Claims Tribunal has considered the notional monthly income of the deceased treating him as an semi-skilled labour to the tune of Rs. 10,090/- per month which is on the lower side. He further 5 contends that Claims Tribunal has deducted 1/3rd of dependency towards personal expenses of the deceased whereas looking to the number of dependents, appropriate deduction ought to have been 1/4. He also contends that Claims Tribunal has not awarded separate compensation towards loss of consortium to all the claimants. He prays that compensation awarded by the Claims Tribunal in both the cases requires enhancement. 6) There is no representation on behalf of the Insurance Company despite service of notice. 7) Heard Mr. Gulati at length and perused the record with utmost circumspection. 8) Firstly, in MAC/1104/2024 which has been been preferred by the appellants on account of death of Archana Vishwakarma, Claims Tribunal has assessed the notional monthly income of the deceased treating her to be an unskilled labour whereas she was a house wife and Claims Tribunal ought to have treated her as semi-skilled labour. Further, Claims Tribunal has deducted 1/3rd dependency towards personal and living expenses whereas looking to the number of dependents, it ought to have been 1/4. Also, Claims Tribunal has not awarded only Rs. 44,000/- towards loss of consortium whereas parents and children ought to have been awarded separate compensation under this head with an additional sum of 10%. 9) Secondly, MAC/1140/2024 has been preferred by the appellants on account of death of Ravi Vishwakarma. In the claim 6 application, appellants have pleaded that the deceased was a Contractor and used to earn Rs. 25 lacs per annum but claimants failed to place on record the income tax returns of the recent years to substantiate the same. Claims Tribunal has assessed the notional monthly income of the deceased to be Rs. 10,090/- treating him to be semi-skilled labour. In my opinion, as the deceased was working as a Contractor, Claims Tribunal ought to have treated him as a skilled labour and assessed the notional monthly income accordingly. Further, Claims Tribunal has deducted 1/3rd dependency towards personal and living expenses whereas looking to the number of dependents, it ought to have been 1/4. Also, Claims Tribunal has not awarded only Rs. 44,000/- towards loss of consortium whereas parents and children ought to have been awarded separate compensation under this head with an additional sum of 10%. 10) Keeping in mind the above discussed facts, the compensation awarded by the Claims Tribunal on account of death of Archana Vishawakarma requires reconsideration in light of the judgment rendered by the Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi1 and same is reproduced herein below :- Sr. No. Heads Compensation awarded by Claims Tribunal Compensation awarded by this Court 1. Annual Income Rs. 8,660 x 12 = Rs. 9,570 x 12 = 1. (2017) 16 SCC 680 7 Rs. 1,03,920/- Rs. 1,14,840/- 2. Multiplier @17 = Rs. 17,66,640/- @17 = Rs. 19,52,280/- 3. Deduction towards personal and living expenses @1/3 = Rs. 11,77,760/- @1/4 = Rs. 14,64,210/- 4. Future Prospects @ 40% = Rs. 16,48,864/- @ 40% = Rs. 20,49,894/- 5. Medical Bills Rs. 40,213/- Rs. 40,213/- 6. Loss of Estate Rs. 16,500/- Rs. 16,500/- 7. Funeral expenses Rs. 16,500/- Rs. 16,500/- 8. Loss of Consortium Rs. 44,000/- Rs.44,000 + Rs.1,44,000 = Rs. 1,88,000/- (parents and two children) TOTAL Rs. 17,66,077/- Rs. 23,11,107/- 11) Likewise, the compensation awarded by the Claims Tribunal on account of death of Ravi Vishawakarma requires reconsideration in light of the judgment rendered by the Hon’ble Supreme Court in the matter of Pranay Sethi (supra) and same is reproduced herein below :- Sr. No. Heads Compensation awarded by Claims Tribunal Compensation awarded by this Court 1. Annual Income Rs. 10,090 x 12 = Rs. 1,21,080/- Rs. 10,350 x 12 = Rs. 1,24,200/- 2. Multiplier @16 @16 8 = Rs. 19,37,280/- = Rs. 19,87,200/- 3. Deduction towards personal and living expenses @1/3 = Rs. 12,91,520/- @1/4 = Rs. 14,90,400/- 4. Future Prospects @ 40% = Rs. 18,08,128/- @ 40% = Rs. 20,86,560/- 5. Loss of Estate Rs. 16,500/- Rs. 16,500/- 6. Funeral expenses Rs. 16,500/- Rs. 16,500/- 7. Loss of Consortium Rs. 44,000/- Rs. 44,000 + Rs. 1,44,000 = Rs. 1,88,000/- (parents and two children) TOTAL Rs. 18,85,128 /- Rs. 23,07,560 /- 12) In view of the discussion made herein-above in para 10, the appeal preferred by the claimants on account of death of Archana Vishwakarma [MAC/1104/2024] is allowed in part. Accordingly, the amount of compensation of Rs.17,66,077/- awarded by the Claims Tribunal is enhanced to Rs.23,11,107/-. Hence, the appellant is entitled for an additional amount of Rs.5,45,030/-. The Insurance Company is directed to make payment of additional compensation assessed herein-above with interest @ 6% per annum from the date of application till its realization within period of 60 days, failing which, the said amount shall carry an interest @ 12% p.a. 13) In view of the discussion made herein-above in para 11, the 9 appeal preferred by the claimants on account of death of Ravi Vishwakarma [MAC/1140/2024] is allowed in part. Accordingly, the amount of compensation of Rs.18,85,128/- awarded by the Claims Tribunal is enhanced to Rs.23,07,560/-. Hence, the appellant is entitled for an additional amount of Rs.4,22,432/-. The Insurance Company is directed to make payment of additional compensation assessed herein-above with interest @ 6% per annum from the date of application till its realization within period of 60 days, failing which, the said amount shall carry an interest @ 12% p.a. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a