1 2025:CGHC:55854 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1438 of 2024 1 - Rina Cherwa, W/o Late Sunil Aged About 27 Years Occupation Homemaker, R/o Village Mangarhara (Jabar), Post Maharajaganj, P.S. and Tahsil Balrampur, District - Balrampur-Ramanujganj (C.G.),..(Claimants) 2 - Kahtu Ram S/o Late Ramjeet Aged About 48 Years Occupation - Agriculture, R/o Village Mangarhara (Jabar), Post Maharajaganj, P.S. and Tahsil Balrampur, District – Balrampur-Ramanujganj. ... Appellants versus 1 - Ritesh Sao S/o Jeetbandhan Aged About 24 Years R/o Village Sarnadih, P.S. and Tahsil Balrampur, Ditrict Balrampur - Ramanujganj (C.G.) 2 - Lakhan Sao S/o Jeetbandhan Aged About 28 Years R/o Village Sarnadih P.S. and Tahsil Balrampur District Balrampur-Ramanujganj (C.G.),..(Driver) 3 - Jeitu Ram S/o Guna Ram Aged About 26 Years R/o Jhapra, P.S. and Tahsil Balrampur, District Balrampur-Ramanujganj (C.G.),...(Owner) 4 - Branch Manager, the Oriental Insurance Company Limited Board Office, Manendragarh Road, Near Ambedkar Chowk Ambikapur P.S. Gandhinagar, District Surguja (C.G.),...(Insurance Company) ... Respondent(s) For Appellants : Mr. Dev Ashish Biswas, Advocate For Respondent No.4/Insurance Company For Respondents No. 1 to 3 : : Md. Azad Siddiqui, Advocate None Digitally signed by NADIM MOHLE 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 17/11/2025 1. Heard on I.A. No.1, application for condonation of delay. 2. Mr. Biswas would argue that this appeal has been preferred by the claimants for enhancement of compensation. He would contend that on merit, he has good case. He would submit that due to poverty, the claimants could not prefer appeal within limitation. 3. On the other hand, learned counsel appearing for the respondents would oppose. 4. Taking into consideration the submission made by Mr. Biswas and reasons assigned in the application (I.A. No.1), same is allowed and the delay of 425 days caused in filing of this appeal is hereby condoned. 5. Also heard on admission. 6. Admit. 7. With the consent of the parties, the matter is heard finally. 8. This appeal has been directed against the award dated 09.02.2023 passed by the learned III rd Additional Motor Accident Claims Tribunal, Ambikapur, District Sarguja, in Claim Case No. 08/2022, whereby the learned Tribunal has granted compensation to the tune of Rs. 9,37,791/- with interest @ 6 % per annum on account of death of one Sunil Ram. 9. Facts in brief are that on 01.01.2021, the deceased namely, Sunil Ram along with two other persons were going on a motorcycle to village Jabar and when they reached near village Mangarhara, Shiv Mandir, the offending vehicle (motorcycle CG-30-C-1885) which was parked without indicator on the middle of the road, got collidied with the motorcycle of the deceased. Consequently, the deceased sustained grievous injuries and he died during the course of treatment. Wife and father of the 3 deceased filed claim case under Section 166 of the Motor Vehicle Act on the ground that age of the deceased was 28 years and he was earing Rs. 9,000/- as he was a Mason. 10.Mr. Biswas would further submit that the learned Tribunal wrongly decided the issue of contributory negligence against the deceased who was riding motorcycle. He would further submit that the learned Tribunal has assessed notional income of the deceased Rs.7,000/- per month which is at lower side. He would contend that the Minimum wages Matrix admissible to an unskilled laborer in the month of January, 2021 was Rs.9,480/-. He would fairly submit that the learned Tribunal has awarded just and proper compensation on other heads; thus, he would pray to enhance the compensation. 11.On the other hand, Mr. Siddiqui, learned counsel appearing for the respondent No. 4/Insurance Company would oppose the submission made by Mr. Biswas and submit that the deceased was riding his motorcycle rashly and negligently, therefore, the learned Tribunal rightly held the deceased guilty of negligence. He would further contend that the claimants failed to prove income of the deceased, therefore, the learned Tribunal considered notional income of the deceased Rs. 7,000/- per month. It is argued that this appeal deserves to be dismissed. 12.Heard learned counsel for the appellants and perused the record. 13.Admittedly, the deceased was riding his motorcycle & two other persons were pillion riders. He dashed stationary motor cycle (CG-30-C- 1885), resultantly, he sustained grievous injuries and he died during the course of treatment. The learned Tribunal has considered the documentary as well as oral evidence led by the parties and found the deceased guilty of negligence to the extent of 50 %. The findings recorded by the learned Tribunal with regard to the contributory negligence do not require interference by this Court. 4 14.With regard to the income part, the learned Tribunal assessed notional income of the deceased Rs.7,000/- in absence of evidence of his income. The learned Tribunal ought to have applied minimum wages matrix applicable in the month of January, 2021 to an unskilled labourer, which was Rs.9,480/- and learned Tribunal should have taken that figure while assessing the notional income. However, on other heads, the learned Tribunal has awarded just and proper compensation. 15.Taking into consideration the above discussed facts, the compensation requires reconsideration as under:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income 7,000 x 12 = 84,000/- 9480 x 12 = 1,13,760/- 2. Future Prospect 40% = 1,17,600 40% = 1,59,264/- 3. Deduction 1/3 = 78,400/- 1/3= 1,06,176/- 4. Multiplier X17 = 13,32,800/- X 17 = 18,04,992/- 5. Loss of Estate 15,000/- 15,000/- 6. Funeral expenses 15,000/- 15,000/- 7. Loss of Consortium (appellant No.1 & 2) 40,000 x 2 = 80,000/- 80,000/- 8. Medical expenses Rs. 4,32,782/- Rs. 4,32,782 /- 50 % deduction Rs.18,75,582/2 = 9,37,791 Rs.23,47,774/2 = 11,73,887 5 Final Compensation 11,73,887 - 9,37,791 Rs.2,36,096/- 16.In view of the above calculation, the claimants shall be entitled to an additional sum of Rs.2,36,096/-. The insurance company is directed to pay the enhanced compensation Rs.2,36,096/- with interest @6% to the appellants/claimants within a period of 60 days. Rest of the terms and conditions of the award shall remain intact. 17.Accordingly, this appeal is allowed in part. Sd/- Rakesh Mohan Pandey JUDGE Nadim