1 2025:CGHC:58312 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1873 of 2024 1 - Smt. Shivkumari W/o Budhu Tarak Aged About 43 Years R/o Village Sankari, Post Sankari, Chowki Birejhar, Tahsil Kurud, District Dhamtari, C.G. 2 - Budhu Tarak S/o Khorbahara Ram Tarak Aged About 46 Years R/o Village Sankari, Post Sankari, Chowki Birejhar, Tahsil Kurud, District Dhamtari, C.G. ... Appellants versus 1 - Murat Singh Chouhan S/o Khubchand Chouhan Aged About 48 Years R/o House No. 712, Nearby Maharani Laxmi Bai School, Talpura, Bhandara Road, Pardi, District Nagpur (Maharastra), C/o Surendra Kumar Nishad, Hamid Nagar, Nearby Police Petrol Pump, Tikarapara, Raipur, District Raipur, C.G. (Owner And Driver Of Offending Vehicle C.G.-04 / J.A.- 5024) 2 - Shriram General Insurance Company Limited Through- Branch Manager, Branch Office, Nearby Maruti Heritej Sky Automobile, G.E. Road Mahoba Bazar, Raipur, District Raipur, C.G. (Insurer Of Offending Vehicle C.G.-04 / J.A.- 5024) ... Respondent(s) For Appellants : Mr. Anil Kumar Gulati, Advocate For Respondent No.1 : Mr. Prakhar Dashware, Advocate on behalf of Mr. R. S. Patel, Advocate For Respondent No.2 : Mr. Utswav Mahishwar, Advocate Digitally signed by NADIM MOHLE 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 02/12/2025 1. The claimants have filed this appeal for enhancement of compensation against award passed by the learned Additional Motor Accident Claims Tribunal (F.T.C.), District Dhamtari, in Claim Case No. 40/2022, dated 09.05.2024, whereby the learned Tribunal has granted compensation to the tune of Rs. 10,20,200/- with interest @ 7 % per annum on account of death of Shekhar Tarak. 2. Mr. Gulati, learned counsel appearing for the appellants would submit that on 01.12.2021, the deceased Shekhar Tarak was returning home on his motorcycle bearing Registration No. CG-04-L-X-8661 and when he reached near village Dhuma, the driver of the offending vehicle bearing registration No. CG-04-JA-5024 dashed his motorcycle, resultantly, he sustained grievous injuries and succumb to it. He would further submit that wife & parents of the deceased filed claim case under Section 166 of the Motor Vehicle Act, wherein they pleaded that at the time of accident, the deceased was aged about 22 years and earning Rs.15,000/- per month. He would submit that learned Tribunal has assessed income of the deceased Rs.6,000/- per month which is at lower side. The deceased was driver, therefore, the learned Tribunal should have treated him semiskilled labourer while computing income. He would fairly submit that on conventional heads, the learned Tribunal has granted just and proper compensation. 3. On the other hand, learned counsel appearing for the respondents would oppose the submission made by Mr. Gulati and submit that the claimants could not prove that the deceased was driver and he was earning Rs.15,000/- per month, therefore, the learned Tribunal rightly 3 assessed his income Rs. 6,000/- per month; thus, the appeal deserves to be dismissed. 4. Heard learned counsel for the parties and perused the record. 5. Admittedly, the age of the deceased was 22 years at the time of accident and he was earning Rs. 15,000/- per month. 6. The evidence laid by the claimants would reveal that they utterly failed to prove that the deceased was driver and earning Rs.15,000/- per month. In absence of evidence, the learned Tribunal should have applied the minimum wages matrix to compute the income of the deceased treating him unskilled labourer. 7. The minimum wages admissible to an unskilled labourer in the month of December, 2021 was Rs. 9,540/-. On other conventional heads, the learned Tribunal has awarded proper compensation. 8. Taking into consideration the above discussed facts, the income part of the deceased requires recomputation as under:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 6,000 × 12 = Rs. 72,000 Rs. 9,540 × 12 = Rs. 1,14,480 2. Future Prospects (40%) 40% of 72,000 = Rs. 28,800 40% of 1,14,480 = Rs. 45,792 3. Annual Income after adding Future Prospects 72,000 + 28,800 = Rs. 1,00,800 1,14,480 + 45,792 = Rs. 1,60,272 4. Deduction (1/2) (1/2) of 1,00,800 = Rs. 50,400 (1/2) of 1,60,272 = Rs. 80,136 5. Net Annual Loss of Dependency Rs. 50,400 Rs. 80,136 6. Multiplier (18) 50,400 × 18 = Rs. 9,07,200 80,136 × 18 = Rs. 14,42,448 4 Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 7. Loss of Estate Rs. 16,500 Rs. 16,500 8. Funeral Expenses Rs. 16,500 Rs. 16,500 9. Loss of Consortium Rs. 80,000 Rs. 80,000 Total Compensation Rs. 10,20,200 /- Rs. 15,55,448 /- Final Compensation Rs. 15,55,448 - 10,20,200 5,35,248/- 9. In view of the above calculation, the claimants shall be entitled to an additional sum of Rs. 5,35,248 /-. The insurance company is directed to pay the enhanced compensation Rs. 5,35,248 /- with interest @7% per annum to the appellants/claimants within a period of 60 days. Rest of the terms and condition of the award shall remain intact. Accordingly, the appeal filed by the claimants is allowed in part to the extent indicated hereinabove. Sd/- Rakesh Mohan Pandey JUDGE Nadim