1 2025:CGHC:56424 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1146 of 2020 1 - Puni Bai W/o Late Ashok Kewat Aged About 32 Years By Caste Kewat, R/o Village Banahil, Police Station Mulmula, Tahsil Akaltara, District : Janjgir- Champa, Chhattisgarh 2 - Tikeshwar S/o Late Ashok Kewat Aged About 12 Years Minor, Through Legal Natural Guardian Mother Puni Bai Kewat, By Caste Kewat, R/o Village Banahil, Police Station Mulmula, Tahsil Akaltara, District : Janjgir-Champa, Chhattisgarh 3 - Ku. Tulsi D/o Late Ashok Kewat Aged About 10 Years Minor, Through Legal Natural Guardian Mother Puni Bai Kewat, By Caste Kewat, R/o Village Banahil, Police Station Mulmula, Tahsil Akaltara, District : Janjgir-Champa, Chhattisgarh 4 - Jaleshwar Kewat S/o Late Ashok Kewat Aged About 3 Years Minor, Through Legal Natural Guardian Mother Puni Bai Kewat, By Caste Kewat, R/o Village Banahil, Police Station Mulmula, Tahsil Akaltara, District : Janjgir- Champa, Chhattisgarh 5 - Tijauram S/o Jhunauram Kewat Aged About 60 Years Caste Kewat, R/o Village Banahil, Police Station Mulmula, Tahsil Akaltara, District : Janjgir- Champa, Chhattisgarh 6 - Dukalhin Bai W/o Tijauram Kewat Aged About 58 Years Caste - Kewat, R/o Village Banahil, Police Station Mulmula, Tahsil Akaltara, District : Janjgir- Champa, Chhattisgarh ... Appellants/Claimants Versus 1 - Achchhe Lal Agrawal R/o Beside Amar Gas Godown Magarpara, Bilaspur, Tahsil And District Bilaspur Chhattisgarh. (Owner Of Offending Vehicle), Dis- trict : Bilaspur, Chhattisgarh 2 - Oriental Insurance Company Ltd. Through Branch Manager, Branch Of- fice, Ramanujnagar Trade Central, Near Bus Stand, Bilaspur, Tahsil And Dis- trict Bilaspur Chhattisgarh. (Insurer Of Offending Vehicle), District : Bilaspur, Chhattisgarh ... Respondents For Appellants/Claimants : Ms. Dhaneshwari Patel, Advocate holding the brief of Mr. P.K. Patel, Advocate Digitally signed by RAMESH KUMAR VATTI Date: 2025.11.20 18:00:19 +0530 2 For Respondent No. 1 For Respondent No. 2/ Insurance Company : : None appeared, though served Mr. Anil Gulati, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 19/11/2025 1. The appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act for enhancement of compensation against the award passed by the learned Motor Accident Claims Tribunal, Janjgir- Champa (C.G.) in Claim Case No. 83/2014 dated 01.03.2016, whereby the learned Claims Tribunal has passed an award to the tune of Rs.4,82,000/- with interest @ 8% per annum on account of death of Ashok Kewat. 2. As per claim petition, on 06.04.2014 at about 07:30 pm, the driver of the Truck bearing registration No. CG-10-C/2008 drove it rashly and negligently, resultantly deceased namely Ashok Kewat, who was helper in the said Truck, was crushed by rear-wheel of the Truck and succumbed to death on the spot. 3. Ms. Dhaneshwari Patel, learned counsel appearing for the appellants/claimants would argue that deceased- Ashok Kewat was a helper of Truck bearing registration No. CG-10-C/2008. On 06.04.2014 while deceased was guiding the driver of the Truck, the driver of the Truck drove it rashly and negligently, resultantly deceased was crushed by rear-wheel of the Truck and succumbed to death on the spot. She would submit that the claimants, who are wife, minor children and parents of the deceased filed claim case under Section 166 of the Motor Vehicles Act, wherein they pleaded that the monthly income of the deceased was Rs.6,000/- and age 35 years at the time of accident. 3 She would contend that the claimants claimed a sum of Rs.17,65,000/-. She would submit that the learned Claims Tribunal has considered monthly income of the deceased Rs.3,000/-. She would contend that no amount towards future prospect has been granted to the Claimants by the learned Claims Tribunal. She would further submit that the learned Claims Tribunal has awarded meager amount for loss of consortium, loss of estate and funeral expense. She would pray to enhance the compensation accordingly. 4. On other hand, Mr. Anil Gulati, learned counsel appearing for respondent No. 2/Insurance Company would oppose. He would submit that the learned Claims Tribunal has awarded just and proper compensation, therefore, the appeal filed by the claimants deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the records of the learned Claims Tribunal with utmost circumspection. 6. The age of the deceased was 35 years at the time of accident as held by the learned Claims Tribunal. The learned Claims Tribunal considered the monthly income of the deceased Rs.3,000/- which is at lower side looking to the minimum wages matrix. The minimum wages admissible to unskilled labour in the month of April 2014 was Rs.5,468/- and this figure should have been taken by the learned Claims Tribunal into consideration while assessing notional monthly income of the deceased. Further no amount towards future prospect has been granted to the Claimants by the learned Claims Tribunal. The learned Claims Tribunal has awarded a fixed sum Rs.50,000/- towards loss of consortium, love and affection, loss of estate and funeral expenses, whereas claimants are entitled to distinct compensation on 4 above stated heads according to law laid down in the matter of National Insurance Company Ltd. Vs. Pranay Sethi, reported in (2017) 16 SCC 680 . As more than 10 years have elapsed after death of the deceased, therefore, it would be appropriate to enhance the compensation on conventional heads by 20% and thus, it requires reconsideration. 7. Thus, in light of the aforesaid discussion and in light of the judgments of the Hon’ble Supreme Court rendered in the matters of National Insurance Company Ltd. Vs. Pranay Sethi, reported in (2017) 16 SCC 680; Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors., reported in (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. Vs. Nanu Ram @ Chuhru Ram & Ors., reported in (2018) 18 SCC 130, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income as per minimum wages Rs.3,000/- per month Rs.5,468/- 2. Future prospect 40% -Nil- Rs.2,187 + Rs.5,468 = Rs.7,655/- 3. Deduction of 1/4th towards personal expenses Rs.3,000 – 750= Rs.2,250/- per month Rs.7,655 – 1,913 = Rs.5,742/- per month 4. Per month Income of the deceased Rs.2,250/- Rs.5,742/- 5. Annual Income of the deceased Rs.2,250/- x 12 = Rs.27,000/- per annum Rs.5,742 x 12 = Rs.68,904/- per annum 6. Multiplier of 16 Rs.27,000/- x 16 = Rs.4,32,000/- Rs.68,904/- x 16 = Rs.11,02,464/- 7. Loss of Consortium, Love & affection, Loss of Estate; & Loss of Funeral Expenses Rs.50,000/- Loss of Consortium: Rs.18,000/- Loss of Estate: Rs.18,000/- Funeral Expenses: Rs.48,000/- x 6 =2,88,000/- Total : Rs.4,82,000/- Rs.14,26,464/- 5 8. In view of the aforesaid analysis, the amount of compensation of Rs.4,82,000/- awarded by the Claims Tribunal is enhanced to Rs.14,26,464/-. Hence, after deducting the amount of Rs.4,82,000/-, the appellants/claimants are entitled for an additional amount of Rs.9,44,464/-. The concerned respondent No.2/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 @ 8% per annum with effect from 04.09.2025 till its realization. Rest of the conditions of the impugned award shall remain intact. 9. In the result, the appeal is allowed in part with modification in the impugned award to the above extent. Sd/- (Rakesh Mohan Pandey) Judge vatti