1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 334 of 2020 National Insurance Company Limited Through Its Authorised Authority , Manager, In-Charge Legal Hub, Divisional Office Vayapar Vihar Road, Above Canara Bank Bilaspur , District Bilaspur Chhattisgarh...(Non Applicant No. 03), District : Bilaspur, Chhattisgarh ... Appellant versus 1 - Heram Jangade S/o Dankram Jangade Aged About 58 Years R/o Village Dhamalpur, Post Office Hasua, Tahsil Kasdol, Police Station Gidhouri , District Balauda Bazar Bhatapara Chhattisgarh...(Applicant No. 01), 2 - Sukhin Bai W/o Heram Jangde Aged About 55 Years R/o Village Dhamalpur, Post Office Hasua, Tahsil Kasdol, Police Station Gidhouri , District Balauda Bazar Bhatapara Chhattisgarh...(Applicant No. 02), 3 - Manju Jangade D/o Heram Jangade Aged About 30 Years R/o Village Dhamalpur, Post Office Hasua, Tahsil Kasdol, Police Station Gidhouri , District Balauda Bazar Bhatapara Chhattisgarh...(Applicant No. 03), 4 - Manoj Kumar Jangade S/o Heram Jangade Aged About 28 Years R/o Village Dhamalpur, Post Office Hasua, Tahsil Kasdol, Police Station Gidhouri , District Balauda Bazar Bhatapara Chhattisgarh...(Applicant No. 04), 5 - Shailendra Kumar Jangade S/o Heram Jangade Aged About 22 Years R/o Village Dhamalpur, Post Office Hasua, Tahsil Kasdol, Police Station Gidhouri , District Balauda Bazar Bhatapara Chhattisgarh...(Applicant No. 05), 6 - Sonauram Kewat S/o Ratiram Kewat Aged About 44 Years R/o Village Dhamalpur , Post Office Hasua, Tahsil Kasdol, Police Station Gidhouri, District Balauda Bazar Bhatapara Chhattisgarh..(Non Applicant No. 01) Digitally signed by NADIM MOHLE 2 7 - Ashok Kumar Kaivart S/o Firatram Kaivart Aged About 41 Years R/o Village Dhamalpur , Post Office Hasua, Tahsil Kasdol, Police Station Gidhouri, District Balauda Bazar Bhatapara Chhattisgarh..(Non Applicant No. 02).. ... Respondent(s) For Appellant : Mr. Dashrath Gupta, Advocate For Respondent(s) : Mr. Anand Kesharwani, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 17/09/2025 1. The instant appeal has been preferred by the Insurance Company questioning the legality and validity of the award dated 28.03.2019 passed by the learned Second Additional Motor Accident Claims Tribunal, Balodabazar, Chhattisgarh in Claim Case No. 130/2017, whereby the Tribunal has awarded compensation of Rs. 28,96,951/- with interest @ 7% per annum on account of the death of one Mahendra Jangde in a motor vehicular accident. 2. Mr. Dashrath Gupta, learned counsel for the appellant would submit that at the time of accident, the deceased was aged about 24 years and he was unmarried. He would further submit that the Tribunal, while assessing compensation, has deducted 1/4th towards personal and living expenses of the deceased, whereas, in view of the law laid down by the Hon’ble Supreme Court in the matter of Sarla Verma & Ors. v. Delhi Transport Corporation & Anr. [(2009) 6 SCC 121], the deduction ought to have been 50%. 3 3. He would further submit that the amount awarded towards loss of consortium and love and affection is on the higher side. It is also contended that the driver of the offending vehicle was not having a valid and effective driving license at the time of accident; thus, he prays that the impugned award may be set aside. 4. On the other hand, learned counsel appearing for the respondents/claimants would submit that the plea relating to absence of driving license was never raised before the learned Tribunal and no issue was framed or evidence adduced in this regard. It is submitted that this issue has been raised for the first time before this Court and therefore should not be entertained. He would further submit that the learned Tribunal has not granted any compensation for future prospects which ought to be considered. He would pray to consider this aspect of the matter. 5. Heard learned counsel for the parties and perused the record. 6. Admittedly, the deceased was unmarried at the time of his death & his age was 24 years. Parents and siblings of the deceased filed a claim case before the learned Tribunal under Section 166 of the Motor Vehicle Act, 1988. The learned tribunal deducted 1/4th towards personal expenses of the deceased which is contrary to the law laid down by the Hon’ble Supreme Court in the matter of Sarla Verma (supra) and deduction should have been 50 %. 4 7. Learned Tribunal has granted total 3.50 lakh to the claimants towards loss of consortium and love and affection. Learned tribunal granted a sum of Rs. 25,000/- for funeral expenses, but according to the law laid down by the Hon’ble Supreme Court in the matter of National Insurance Company Ltd v. Pranay Shethi (2017)16SCC 680, the claimants would be entitled for sum of Rs.40,000/- each for loss of consortium with additional sum of 10 % on the said amount after expiry of every 03 year. The claimants would be entitled for Rs. 15,000/- for funeral expenses, whereas, the learned tribunal has awarded Rs. 25,000/-. 8. It is further apparent that the Tribunal has not granted any amount towards future prospects. In view of Pranay Sethi (supra), the claimants are entitled to addition of 40% towards future prospects as the deceased was below 40 years and was not a permanent salaried employee. Accordingly, the compensation is revisited as under:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 1,80,000/- Rs. 1,80,000/- 2. Future Prospect Nil Rs. 72,000/- (40%) 3. Deduction (¼) (50%) Rs. 1,26,000/- 4. Multiplier (x18) Rs. 24,30,000/- (x18) Rs. 22,68,000/- 5. Loss of Estate — Rs. 18,000/- 6. Funeral Expenses Rs. 25,000/- Rs. 18,000/- 7. Loss of Rs. 3,50,000/- Rs. 48,000 x 5 = Rs. 5 Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court Consortium 2,40,000/- 8. Medical Rs. 91,951/- Rs. 91,951/- TOTAL Rs. 28,96,951/- Rs. 26,39,951/- 9. The learned Tribunal has awarded a total compensation of Rs. 28,96,951/- (Rupees Twenty-Eight Lakh Ninety-Six Thousand Nine Hundred Fifty-One only) under different heads. However, upon re- assessment, this Court has modified the award and granted a total compensation of Rs. 26,39,951/- (Rupees Twenty-Six Lakh Thirty-Nine Thousand Nine Hundred Fifty-One only). 10. The learned Tribunal awarded additional Rs.91,951/- against medical expenses during the course of treatment of the deceased. The insurance company is directed to pay balance amount to the claimants within a period of 60 days. If the remaining amount not paid within a period of 60 days, it shall carry interest @ 12 % per annum. 11. With regard to the driving license, this issue was not raised by the appellant/insurance company before the learned Tribunal. Further, no issue was framed by the learned Tribunal, therefore, appellant/insurance company cannot be permitted to raise this ground at the appellate stage. Accordingly, this plea is not acceptable and same is hereby rejected. 6 12. The award of the Tribunal is hereby modified to the extent indicated herein above. Sd/- Rakesh Mohan Pandey JUDGE Nadim