1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 957 of 2024 1 - Mandhari Ram S/o Late Harvanshu Ram Aged About 66 Years Occupation - Retired Teacher, R/o Ward No. 7, Vir Savarkar Ward, Banaras Road, Ambikapur, P.S. And Tahsil - Ambikapur, District Sarguja (C.G.) (Claimants) 2 - Kusum Kali Khaira W/o Mandhari Ram Aged About 60 Years Occupation - House Wife R/o Village - Parasdiha, P.S. Basantpur, Tahsil - Wadrafnagar, District Balrampur Ramanujganj, Present Address - Ward No. 7, Vir Savarkar Ward, Banaras Road, Ambikapur, P.S. & Tahsil Ambikapur, District Sarguja (C.G.). ... Appellants versus 1 - Lal Mohammad S/o Ishan Khan Aged About 37 Years Occupation - Driver R/o Village - Pipalkheda, Post - Kavadi, P.S. Gopalgarh, Tahsil Pahadi, District Bhatarpur (Rajasthan),....(Driver). 2 - Vijay Kumar Jain S/o Babulal Jain Aged About 50 Years R/o Near Jain Mandir, Halwaipara, Alwar, District Alwar (Rajasthan) Pin – 301001,...(Owner). 3 - Divisional Manager The Oriental Insurance Company Ltd. Divisional Office - Bajaj Tower, 81 New Subash Nagar, Alwar (Rajasthan) Pin - 301001, Through Divisional Manager The Oriental Insurance Company Ltd. D.O. Manendragarh Road, Near Ambedkar Chowk, Nagar Ambikapur, District Sarguja (C.G.),... (Insurer). ... Respondent(s) For Appellants : Ms. Akanccha Vishwakarma, Advocate, on behalf of Mr. A. N. Pandey, Advocate For Respondent No.3 : Mr. T. K. Tiwari, Advocate Digitally signed by NADIM MOHLE 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 07/11/2025 1. The appellants/claimants have filed this appeal for enhancement of compensation against award passed by the learned Motor Accident Claims Tribunal, Ambikapur, in Claim Case No. 15/2023 dated 20.03.2024, whereby the learned Tribunal has granted compensation to the tune of Rs 10,94,400/- with interest @ 7 % per annum on account of death of Aman Kumar Khaira. 2. Ms. Vishvakarma would submit that on 01.11.2022, the deceased Aman Kumar Khaira along with his friend Bulesh Choudhary were going on motorcycle (CG-15-DV-2295) towards agricultural field and at the same time, the driver of the offending vehicle (Trailer) bearing Registration No. R.J.02-GB-9923 by driving it rashly and negligently dashed the motorcycle (CG-15-DV-2295), consequently, deceased sustained injuries and died on the spot. 3. Ms. Vishwakarma would argue that parents of the deceased filed claim case under Section 166 of the Motor Vehicle Act and pleaded that age of the deceased at the time of accident was 22 years and earning Rs.15,000/- per month. She would further submit that learned Tribunal has considered income of the deceased Rs. 7,000/- which is at lower side. She would also submit that the learned Tribunal has not awarded compensation for loss of consortium; thus, she would pray to enhance the compensation. 4. Mr. T. K. Tiwari, learned counsel for the respondent No.3 would submit that the learned Tribunal has passed just and proper compensation. He would further submit that the claimants could not prove the income of the deceased. He would pray that this appeal deserves to be dismissed. 5. Heard learned counsel for parties and perused the record. 3 6. Perusal of the award would reveal that age of the deceased at the time of accident was 22 years and he was Labourer. The claimants could not prove the income part of the deceased, therefore, the learned Tribunal ought to have considered the deceased an unskilled labourer. The learned Tribunal ought to have computed the notional income of the deceased as per the minimum wages matrix. The minimum wages admissible to an unskilled labourer in the month of November, 2022, was Rs. 9,700/-. Further, the learned Tribunal has not awarded compensation for loss of consortium to the claimants. Accordingly, the compensation requires reconsideration and same is revisited hereinbelow:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 7,000/- x 12 =84,000/- Rs. 9,700/- x 12 = 1,16,400/- 2. Future Prospect 40 % = 33,600 + 84,000= 1,17,600/- 40% = 46,560 + 1,16,400= 1,62,960/- 3. Deduction ½ = 58,800 ½ = 81,480/- 4. Multiplier X 18 = 10,58,400/- X 18 = 14,66,640/- 5. Loss of Estate 18,000/- 18,000/- 6. Funeral expenses 18,000/- 18,000/- 7. Loss of Consortium 0 40,000 x 2 + 20 % = 96,000/- Total Rs. 10,94,400/- Rs. 15,98,640/- Final Compensation Rs. 15,98,640- 10,94,400 Rs. 5,04,240/- 4 8. In view of the above calculation, the claimants shall be entitled to an additional sum of Rs. 5,04,240/-. The insurance company is directed to pay the enhanced compensation Rs. 5,04,240/- with interest @7% to the appellants/claimants within a period of 60 days, failing which, the amount shall carry penal interest @18% per annum. Accordingly, this appeal is allowed in part. Sd/- Rakesh Mohan Pandey JUDGE Nadim