1 2025:CGHC:56426 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 166 of 2021 1 - Birendra Kumar S/o Late Vishram Ram Aged About 28 Years R/o Village Kinkel, Tahsil And District Jashpur Chhattisgarh (Claimant), District : Jashpur, Chhattisgarh 2 - Surendra Bhagat S/o Late Vishram Ram Aged About 26 Years R/o Village Kinkel, Tahsil And District Jashpur Chhattisgarh (Claimant) 3 - Ramendra Bhagat S/o Late Vishram Ram Aged About 22 Years R/o Village Kinkel, Tahsil And District Jashpur Chhattisgarh (Claimant) 4 - Ku. Jatro S/o Late Vishram Ram Aged About 30 Years R/o Village Kinkel, Tahsil And District Jashpur Chhattisgarh (Claimant) --- Petitioner(s) versus 1 - Latan Mehto S/o Goverdhan Mehto R/o Village Narkandi, Post Hurlung, Police Station Gomiya, District Bokaro, Jharkhand, At Present R/o Darbaritoli District Jashpur Chhattisgarh (Owner / Driver) 2 - Branch Manager, Royal Sundram Alliance Insurance Co. Ltd. Rama Trade Centre, First Flore, Opposite Rajiv Plaza, Near Old Bus Stand, Bilaspur Chhattisgarh (Insurar) --- Respondent(s) NIRMALA RAO 2 MAC No. 187 of 2021 1 - Rajkumar Ekka S/o Late Baleshwar Ekka Aged About 28 Years R/o Village Kinkel, Tahsil And District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 2 - Rajmohan Bhagat S/o Late Baleshwar Bhagat Aged About 23 Years R/o Village Kinkel, Tahsil And District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ---Petitioner(s) Versus 1 - Latan Mahto S/o Goverdhan Mahto R/o Village Narkandi, Post - Hurlung P.S. Gomiya, District Bokaro (Jharkhand) At Present R/o Darbaritoli, Jashpur District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 2 - Branch Manager Royal Sunderam Alliance Insurance Company Limited Rama Trade Center First Floor, Opposite Rajjiv Plaza, Near Bus Stand, Bilaspur District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh --- Respondent(s) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ For Appellants : Shri Divyanand Patel, Advocate. For Respondent No.2 : Shri Anupam Dubey, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 19.11.2025 In MAC No.166 of 2021: 1. The appellants/ claimants have filed this appeal under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 13.1.2021, passed in Claim Case No.46 of 2018 by the learned Additional Motor Accident Claims Tribunal (F.T.C.), Jashpur, District Jashpur whereby the learned Tribunal passed an award to the tune of Rs.6,35,500/- and fastened the liability with driver and owner of the offending vehicle but directed the Insurance Company to first make payment of compensation and thereafter recover the same from the driver and owner. 3 In MAC No.187 of 2021: 2. The appellants/ claimants have filed this appeal under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 13.1.2021, passed in Claim Case No.77 of 2018 by the learned Additional Motor Accident Claims Tribunal (F.T.C.), Jashpur, District Jashpur whereby the learned Tribunal passed an award to the tune of Rs.5,94,000/- and fastened the liability with driver and owner of the offending vehicle but directed the Insurance Company to first make payment of compensation and thereafter recover the same from the driver and owner. 3. The facts, in brief, are that on 6.10.2014, due to rash and negligent driving of the offending vehicle Tractor bearing registration No.JH 02 AC 3678 by its driver, the deceased persons namely Vishram Ram and Baleshwar fell down and sustained injuries and subsequently died during the course of treatment. The claimants, who are children of the deceased, filed two separate claim cases for grant of compensation. 4. In MAC No. 166 of 2021: Learned counsel for the appellants would argue that on account of death of Vishram Ram, who was aged about 60 years at the time of accident, his three sons and daughter filed a claim case under Section 166 of the Motor Vehicles Act wherein they pleaded the income of the deceased as Rs.9,000/- per month but the learned Tribunal assessed the notional monthly income of the deceased at Rs.5,000/- per month, which is at lower side. He would submit that the learned Tribunal has awarded a meagre amount under the other conventional heads. He would pray to enhance the compensation accordingly. 4 5. In MAC No. 187 of 2021: Learned counsel for the appellants would submit that on account of death of Baleshwar his two sons filed a claim case under Section 166 of the Motor Vehicles Act inter alia on the ground that at the time of accident, age of the deceased was 55 years and earning Rs.9,000/- per month. He would submit that the learned Tribunal assessed the notional income of the deceased at Rs.5,000/- per month, which is at lower side and the learned Tribunal should have applied the minimum wages matrix to assess the compensation. He would submit that the learned Tribunal has awarded a meagre amount under the conventional heads. He would pray to enhance the compensation accordingly. 6. Learned counsel appearing for respondent No.2/ Insurance Company would oppose the submissions made by counsel for the appellants. He would contend that the claimants failed to prove the income of the deceased persons and therefore, the learned Tribunal has rightly assessed their income Rs.5,000/- per month. He would submit that the learned Tribunal has granted just and proper compensation and the appeals deserve to be dismissed. 7. Heard learned counsel for the parties and perused the documents present on record in both cases with utmost circumspection. 8. In MAC No. 166 of 2021, the claimants pleaded that the deceased was earning Rs.300/- per day but they failed to adduce cogent evidence in support of this claim. Learned Tribunal has assessed the monthly income of the deceased Rs.5,000/-, which is on lower side looking to the minimum wages admissible to an unskilled labourer in the month of October, 2014, which was was Rs.5,517/- and the learned Tribunal should have taken that figure. Likewise, in MAC No.187 of 2021 in 5 absence of evidence with regard to income of the deceased the learned Tribunal should have applied the minimum wages matrix to assess the income. The minimum wages to an unskilled labourer in the month of October, 2014 is Rs.5,517/-. With regard to compensation on conventional heads, the learned Tribunal has awarded 10% additional compensation for future prospects looking to the age of the deceased persons. Learned Tribunal deducted 1/4th in MAC No.166 of 2021 and 1/3rd in MAC No.187 of 2021 looking to the number of the claimants. Learned Tribunal applied multiplier of 9 looking to the age of the deceased Vishram Ram and multiplier of 11 in MAC No.187 of 2021 and the findings with regard to multiplier and deductions appear to be just and proper. The learned Tribunal further awarded Rs.15,000/- for loss of estate, Rs.15,000/- for funeral expenses and Rs.40,000/- each to all the claimants towards loss of consortium. Thus, in my opinion, the learned Tribunal has awarded just and proper compensation under conventional heads and the findings recorded by the learned Tribunal do not require interference. 9. As the learned Tribunal failed to assess the income of the deceased according to the minimum wages matrix, the compensation require recomputation and same is revisited herein below: In MAC No.166 of 2021 (deceased – Vishram Ram) Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 5,000 x 12 = 60,000/- Rs.5,517 x 12 = 66,204/- 2. Future Prospects (10%) (6,000) 60,000 + 6,000 = 66,000/-) (10%) (6,620/-) (66,204 + 6,620 = 72,824/-) 6 3. Deduction (-) 1/4th (16,500/-) (66,000 – 16,500 = 59,500/- (-) 1/4th (18,206/-) (Rs.72,824-18,206) = Rs. 54,618/- 4. Multiplier (x) 9 = Rs. (49,500 x 9= 4,45,500/-) (x) 9 = Rs. (54,618 x 9 = 4,91,562/-) 5. Loss of Estate Rs. 15,000/- Rs. 15,000/- 6. Funeral expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium Rs. 1,60,000/- Rs. 1,60,000/- TOTAL Rs. 6,35,500/- Rs. 6,81,562/- 10. In view of the aforesaid analysis, the amount of compensation of Rs.6,35,500/- awarded by the Claims Tribunal is enhanced to Rs.6,81,562/-. Hence, after deducting the amount of Rs.6,35,500/-, the appellants/claimants in MAC No.166 of 2021 are entitled for an additional amount of Rs.46,062/-. The Insurance Company is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. In MAC No.187 of 2021 (deceased - Baleshwar) Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 5,000 x 12 = 60,000/- Rs.5,517 x 12 = 66,204/- 2. Future Prospects (10%) (6,000) 60,000 + 6,000 = 66,000/-) (10%) (6,620/-) (66,204 + 6,620 = 72,824/-) 3. Deduction (-) 1/3rd (22,000/-) (66,000 – 22,000 = (-) 1/3rd (24,274/-) (Rs.72,824-24,274) = 7 44,000/- Rs.48,550/- 4. Multiplier (x) 11 = Rs. (44,000 x 11 = 4,84,000/-) (x) 11 = Rs. (48,550 x 11 = 5,34,050/-) 5. Loss of Estate Rs. 15,000/- Rs. 15,000/- 6. Funeral expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium Rs. 80,000/- Rs. 80,000/- TOTAL Rs. 5,94,000/- Rs. 6,44,050/- 11. In view of the aforesaid analysis, the amount of compensation of Rs.5,94,000/- awarded by the Claims Tribunal is enhanced to Rs.6,44,050/-. Hence, after deducting the amount of Rs.5,94,000/-, the appellants/claimants in MAC No.187 of 2021 are entitled for an additional amount of Rs.50,050/-. The Insurance Company is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 12. Accordingly, both the appeals are partly allowed and the impugned award is modified to the extent as indicated herein-above. The Insurance Company shall first indemnify the award thereafter, recover the same from the owner and driver of the vehicle as held by the learned Tribunal. Sd/- (Rakesh Mohan Pandey) Judge Nimmi