1 2025:CGHC:57095 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1866 of 2018 1 - Smt. Pyari Bai Nirmal W/o Late Shri Anil Nirmal Aged About 50 Years R/o Pts, Resident House, Quarter No. C.3/4 Rajnandgaon Chhattisgarh. ), District : Rajnandgaon, Chhattisgarh 2 - Neeraj Nirmal S/o Late Shri Anil Nirmal Aged About 27 Years R/o Pts, Resident House, Quarter No. C.3/4 Rajnandgaon Chhattisgarh. ), District : Rajnandgaon, Chhattisgarh 3 - Pankaj Nirmal S/o Late Shri Anil Nirmal Aged About 23 Years R/o Pts, Resident House, Quarter No. C.3/4 Rajnandgaon Chhattisgarh. (Claimants), District : Rajnandgaon, Chhattisgarh ... Appellant(s) versus 1 - Keshavram Mandavi S/o Shri A.S. Mandavi R/o Village Chihakatola, Tehsil, Thana Mohla District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 2 - Lakshmi Narayan Gupta S/o Late Shri Ful Chand Gupta, R/o Village, Tehsil, Thana, Mohla, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 3 - Branch Manager The National Insurance Co. Ltd., Kamthi Line Branch Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 ... Respondent(s) For Appellant(s) : Mr. Khilendra Sahu, Advocate on behalf of Mr. S. S. Baghel, Advocate. For Respondent(s) No. 1 & 2 : Mr. Deepak Diwakar, Advocate. For Respondent No. 3 : Mr. B. N. Nande, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24/11/2025 1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, against the award dated 1.5.2018 passed by the learned 1st Upper Motor Accident Claims Tribunal, Rajnandgaon (C.G.), in Claim Case No. 128/2016 whereby an amount of Rs. 11,11,594/- with interest @ 6% per annum has been awarded in the favour of the claimants of the deceased for their irreparable loss. 2. Brief facts of the case, is that the instant appeal arises from the claim case instituted by the appellants against respondent Nos. 1 to 3 seeking compensation on account of the death of Anil Nirmal, aged about 56 years, who tragically lost his life in an accident that occurred on 14.07.2016; the said accident took place when respondent No. 1, while driving the offending truck bearing Registration No. CG-08-V-4679 in a rash and negligent manner, collided with the motorcycle of the deceased bearing Registration No. CG-08-J-8150, causing him grievous injuries on the head and other parts of the body, ultimately resulting in his death. The 3 learned Tribunal, by the impugned award dated 01.05.2018, allowed the claim application filed by the appellants and held, inter alia, that the accident in question had indeed occurred resulting in the death of the deceased, and further that respondent Nos. 1, 2, and 3 were jointly liable to pay a total compensation of Rs. 11,11,594/- to the appellants. 3. The tribunal assessed the income of the deceased at Rs. 19,511/- per month i.e. Rs. 2,34,132/- per annum. After deduction of 1/2 of the income i.e. Rs. 1,17,066/- for personal expenses, the amount would be Rs. 1,17,066/- and considering the age of the deceased to be 56 years and the appellants/claimants are the wife and children of the deceased, the Tribunal applied the multiplier of 9 and calculated the total loss of dependency as Rs. 10,56,594/-. Further Rs. 15,000/- towards funeral expenses and Rs. 40,000/- towards loss of consortium has been awarded. Accordingly, the Claims Tribunal has awarded total compensation of Rs. 11,11,594/- in favour of the wife and children of the deceased with interest @ 6% per annum, from the date of application till its realization. Hence, this appeal for enhancement. 4. Learned counsel for the appellants/claimants submits that the claims Tribunal has awarded a sum of Rs. 11,11,594/- which is not in accordance with law and the same is required to be enhanced in accordance with law. He further submits that the compensation awarded under other heads is also on lower side and needs to be enhanced. Hence, this appeal may be allowed by enhancing the 4 compensation amount suitably. 5. On the other hand, it has argued on behalf of the counsel for respondent No. 3 that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 6. Learned counsel for respondents No. 1 & 2 opposes the same. 7. I have heard learned counsel for the parties and perused the material available on record. 8. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 9. Now this Court shall examine as to whether the compensation of awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 10. The learned claims Tribunal has assessed the income of the deceased as Rs. 19,511/- per month. Upon considering the aforementioned factors, I find it appropriate to take income of deceased as Rs. 39,511/- per month, the annual income comes to Rs. 4,74,132/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding 15% towards future prospects i.e. Rs. 71,120/-, the annual income comes to Rs. 5,45,252/-. 5 11. Considering the fact that the deceased was aged about 56 years and the appellant/claimants are the wife and children of the deceased so deduction towards personal expenses would be 1/3 (Rs. 1,81,751/-) of the income and after deduction of the same the annual dependency comes to Rs. 3,63,501/-. In view of judgment of the Hon’ble Supreme Court in Sarla Verma (Smt.) and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 and National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 and also considering the age of the deceased, after applying multiplier of 9, the total loss of dependency works out to Rs. 32,71,509/-. The claimants are further entitled for Rs. 18,000/- towards loss of estate (increase of 10% in every three years) and Rs. 18,000/- for funeral expenses (increase of 10% in every three years). As per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the claimants are further entitled for Rs. (40,000X3+10% +10%) each (with increase of 10% in every three years) i.e. Rs. 1,44,000/- for consortium. Accordingly, the appellants/claimants i.e. wife and son of the deceased would become entitled for total compensation of Rs. /- in the following manner:- S.No. Heads Calculation 01 Towards loss of dependency Rs. 32,71,509/- 02 Towards consortium along with with increase of 10% in every three years (40,000X3+10% +10%). Rs. 1,44,000/- 6 03 Towards loss of estate along with increase of 10% in every three years. Rs. 18,000/- 04 Towards Funeral Expenses along with increase of 10% in every three years. Rs. 18,000/- Total Rs. 34,51,509/- 12. Thus, the total compensation is recomputed as Rs. 34,51,509/-. After deducting Rs. 11,11,594/- as awarded by the tribunal, the enhancement would be Rs. 23,39,915/-. 13. In the result, the appeal is partly allowed. The claimants/appellants i.e. wife and children of the deceased shall be entitled for the enhanced amount of Rs. 23,39,915/- in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat