1 2025:CGHC:60655 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 616 of 2018 1 - (Deleted) Smt. Dhapubai Jain (Sankhal) (Dead) As Per Hon'ble Court Order Dated 21/04/2022. 2 - Manan Jain S/o Late Deep Chand Jain Aged About 11 Years Care Of Roshan Jain S/o Late Keshrimalji Jain, R/o Deepak Stores Bazar Chowk, Jain Mandir Road Bhilai-3 District Durg, Chhattisgarh (Claimants), District : Durg, Chhattisgarh. ... Appellant(s) versus 1 - Amrik Singh S/o Ajit Singh R/o Singh Roadways, Ring Road No.2, Tatibandh Raipur, Chhattisgarh (Driver Truck No. Cg/04/i/2480), District : Raipur, Chhattisgarh. 2 - Balsai Netam S/o Late Lacchan Netam Aged About 47 Years R/o Marfat Singh Road Carriers, Road No.2 Tatibandh, Raipur, Chhattisgarh (Owner Truck No. Cg/04/i/2480), District : Raipur, Chhattisgarh. 3 - The National Insurance Company Limited By Regional Manager, Regional Office Second Floor Mobin Mahal, G.E.Road B.P. No. 122, Raipur, District Raipur, Chhattisgarh (Insurer Truck No. Cg/04/i/2480), District : Raipur, Chhattisgarh ... Respondent(s) For Appellant(s) : Mr. Ravi Kumar Kashyap, Advocate on behalf of Mr. Devershi Thakur, Advocate. For Respondent(s) No. 1 & 2 : None. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Respondent No. 3 : Mr. Dinesh Yadav, Advocate on behalf of Mr. Shivendu Pandya, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 12/12/2025 1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, against the award dated 30.8.2017 passed by the learned 6th Additional Motor Accident Claims Tribunal, Raipur (C.G.), in Claim Case No. 126/12 whereby an amount of Rs. 16,43,000/- with interest @ 7.5% 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 appellant/claimants filed an application under Section 166 of the Motor Vehicles Act, 1988 seeking compensation on account of the death of Shri Deepchand Jain in a motor accident, the appellants being the son and mother of the deceased. On 24.04.2018, the deceased had gone on his scooty to attend a family function at Dhamtari and while returning at about 2:00 p.m., when he reached near Hanuman Mandir on the Raipur–Dhamtari Road, his scooty was hit by the offending truck bearing registration No. CG-04/1/2480, which was being driven in a rash and negligent manner, as a result of which he sustained grievous injuries and succumbed to the same on the 3 spot; consequently, the claimants claimed compensation of Rs. 23,25,000/- under various heads. Respondent Nos. 1 and 2, after service of notice, filed their reply admitting the averments and stated that the offending truck had a valid fitness certificate and permit, the driver possessed a valid and effective driving licence at the time of the incident, and that if any compensation was found payable, the liability would be of the Insurance Company (Respondent No. 3), and therefore the claim deserved to be dismissed against them. Respondent No. 3/Insurance Company filed its written statement contending that the claim amount was exaggerated, further pleading that Respondent No. 1 did not possess a valid driving licence and that the vehicle was being driven in violation of the terms of the insurance policy as it was on hire purchase, and also alleging contributory negligence on the part of the deceased, thereby denying its liability to pay compensation. The learned Claims Tribunal, after hearing the parties and considering the evidence on record, held that the deceased died as a result of the said accident and awarded a sum of Rs. 16,43,000/- as compensation; however, the material brought on record was not appreciated in its proper perspective, and the compensation awarded is grossly inadequate and meagre in view of the facts and circumstances of the case. 3. The tribunal assessed the income of the deceased at Rs. 14,000/- per month i.e. Rs. 1,68,000/- per annum. After deduction of 1/3 of the income i.e. Rs. 56,000/- for personal expenses, the amount 4 would be Rs. 1,12,000/- and considering the age of the deceased to be 45 years and the appellants/claimants are the mother and son of the deceased, the Tribunal applied the multiplier of 14 and calculated the total loss of dependency as Rs. 15,68,000/-. Further Rs. 25,000/- towards funeral expenses, Rs. 10,000/- towards loss of estate and Rs. 20,000/- towards loss of love and guidance to minor children and Rs. 20,000/- towards loss of love to aged parents has been awarded. Accordingly, the Claims Tribunal has awarded total compensation of Rs. 16,43,000/- in favour of the mother and son of the deceased with interest @ 7.5% 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. 16,43,000/- 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 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. None for respondent Nos. 1 & 2 i.e. driver and owner of the offending vehicle. 5 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 Tribunal assessed the income of the deceased at Rs. 14,000/- per month which appears to be proper. Hence, accepting the income of the deceased Rs. 14,000/- per month, the annual income comes to Rs. 1,68,000/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding 30% towards future prospects i.e. Rs. 50,400/-, the annual income comes to Rs. 2,18,400/-. 11. Considering the fact that the deceased was aged about 45 years and the appellant/claimants are the mother and son of the deceased so deduction towards personal expenses would be 1/3 (Rs. 72,800/-) of the income and after deduction of the same the annual dependency comes to Rs. 1,45,600/-. 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 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 14, the total loss of dependency works out to Rs. 20,38,400/-. 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. (40,000/-X2+10% +10%) each (with increase of 10% in every three years) i.e. Rs. 96,000/- for consortium. Accordingly, the appellants/claimants i.e. wife and son of the deceased would become entitled for total compensation of Rs. 21,70,400/- in the following manner:- S.No. Heads Calculation 01 Towards loss of dependency Rs. 20,38,400/- 02 Towards consortium along with with increase of 10% in every three years (40,000X2+10% +10%). Rs. 96,000/- 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. 21,70,400/- 12. Thus, the total compensation is recomputed as Rs. 21,70,400/-. 7 After deducting Rs. 16,43,000/- as awarded by the tribunal, the enhancement would be Rs. 5,27,400/-. 13. In the result, the appeal is partly allowed. The claimants/appellants of the deceased shall be entitled for the enhanced amount of Rs. 5,27,400/- 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