1 2025:CGHC:60622 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 815 of 2022 United India Insurance Company Limited Through Branch Manager, Branch Office 2nd Floor Gurukripa Tower, Vypar Vihar Road, P. S. Civil Lines, Tehsil And District Bilaspur Chhattisgarh. ... Appellant versus 1 - Usha Rathod Wd/o Late Dhamendra, Kumar Rathod, Aged About 48 Years R/o Officers Colony, Ward No. -15, Sakti, District Janjgir Chapa Chhattisgarh. Prsently R/o Ashok Nagar, Sarkanda, P.S. Sarkanda, Tehsil And District Bilaspur Chhattisgarh. 2 - Rishabh Kumar Rathod, S/o Late Dhamendra Kumar Rathod, Aged About 24 Years R/o Officers Colony, R/o Officers Colony, Ward No. -15, Sakti, District Janjgir Chapa Chhattisgarh. Prsently R/o Ashok Nagar, Sarkanda, P.S. Sarkanda, Tehsil And District Bilaspur Chhattisgarh. 2 3 - Satya Rathod, D/o Late Dhamendra Kumar Rathod, Aged About 21 Years R/o Officers Colony, Ward No. -15, Sakti, District Janjgir Chapa Chhattisgarh. Prsently R/o Ashok Nagar, Sarkanda, P.S. Sarkanda, Tehsil And District Bilaspur Chhattisgarh. 4 - Jamuna Bai Rathod, W/o Dhananjay Prasad Rathod, Aged About 65 Years R/o Officers Colony, Ward No. -15, Sakti, District Janjgir Chapa Chhattisgarh. Prsently R/o Ashok Nagar, Sarkanda, P.S. Sarkanda, Tehsil And District Bilaspur Chhattisgarh. 5 - Hiralal Singh S/o Sugriva Singh, Occupation Driver, R/o Gram Podi, P.S. And Tehil Bahri, P.O Padri, District Sidhi, Madhya Pradesh. 6 - Mohanlal, S/o Punam Dewangan, Aged About 36 Years R/o House No. 6, Bus Stand Ward No. 6, Ahirwara, P.O. Ahirwara, District Durg, Chhattisgarh. ... Respondent(s) MAC No. 977 of 2022 1 - Usha Rathore W/o Late Dharmendra Kumar Rathore Aged About 48 Years R/o Officers Colony, Ward No.15 Sakti District Janjgir-Champa, Chhattisgarh. Presently - Ashok Nagar Sarkanda, Thana Sarkanda, Tahsil And District Bilaspur (Chhattisgarh). 3 2 - Rishabh Kumar Rathore S/o Late Dharmendra Kumar Rathore Aged About 24 Years R/o Officers Colony, Ward No.15 Sakti District Janjgir-Champa, Chhattisgarh. Presently - Ashok Nagar Sarkanda, Thana Sarkanda, Tahsil And District Bilaspur (Chhattisgarh). 3 - Satya Rathore S/o Late Dharmendra Kumar Rathore Aged About 21 Years R/o Officers Colony, Ward No.15 Sakti District Janjgir-Champa, Chhattisgarh. Presently - Ashok Nagar Sarkanda, Thana Sarkanda, Tahsil And District Bilaspur (Chhattisgarh). 4 - Jamuna Bai Rathore W/o Dhananjay Prasad Rathore Aged About 65 Years R/o Officers Colony, Ward No.15 Sakti District Janjgir-Champa, Chhattisgarh. Presently - Ashok Nagar Sarkanda, Thana Sarkanda, Tahsil And District Bilaspur (Chhattisgarh). ... Appellants versus 1 - Hiralal Singh S/o Sugriv Singh Aged About 21 Years Occupation Driver R/o Village Podi, Thana And Tahsil Bahri, Post Office Padri, District Sidhi (M.P.) (Driver Of The Offending Vehicle Truck No. C.G.07/c.A./9059) 2 - Mohan Lal S/o Punam Dewangan Aged About 36 Years R/o House No.6 Bus Stand Ward No. 06, Ahirwara, Post Ahirwara, 4 District Durg, (C.G.). (Owner Of The Offending Vehicle Truck No. C.G.07/c.A./9059) 3 - United India Insurance Company Limited Through Branch Manager, Branch Office 2nd Floor Guru Kripa, Tower Vyapar Vihar Road, Thana Civil Line, Tahsil And District Bilaspur (Chhattisgarh) (Insurer Of The Offending Vehicle Truck No. C.G.07/c.A./9059) ... Respondent(s) For Insurance Company : Mr. Abhishek Vinod Deshmukh, Advocate For Claimants : Mr. A.L. Singroul, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 12.12.2025 1. Since both of these appeals have arisen out of common accident and since common question of law and fact is involved in these appeals, therefore, they have been clubbed together, heard together and are being decided by this common judgment. 2. MAC/815/2022 has been preferred by the appellant/Insurance Company and MAC/977/2022 has been preferred by the appellants/claimants challenging the impugned award dated 06/04/2022 passed by learned IVth Additional Motor Accident Claims Tribunal, Bilaspur, 5 District Bilaspur (C.G.) in Claim Case No. 603/21, whereby learned Claims Tribunal has awarded a total sum of Rs. 13,29,400/- as compensation to the claimants for the death of Dharmendra Rathod, aged about 52 years, who worked as an Assistant Teacher in Model School, Sakti and liability of payment of compensation has been fastened upon the Insurance Company. 3. Learned counsel for the appellant/Insurance Company in MAC/815/2022 would submit that there was contributory negligence on the part of the deceased, therefore, 50% of the compensation amount ought to have been deducted by the Claims Tribunal on that ground, as such, the amount of compensation may suitably be reduced. 4. Learned counsel for appellants/claimants in MAC/977/2022 would submit that the amount of HRA, GIS and GPF has been deducted from the income of the deceased by the Claims Tribunal while calculating compensation, as such, the amount of compensation may suitably be enhanced. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 6 6. So far as the appeal of the Insurance Company is concerned, a careful perusal of the record would show that the deceased was sitting as a passenger in Bolero when the accident took place, as such, there was no contributory negligence on his part. Furthermore, though the Insurance Company has taken the plea that there was contributory negligence on the part of the deceased, but no evidence has been led by them to establish the said ground against the deceased. As such, I do not find any merit in this appeal filed by the Insurance Company. 7. So far as the appeal of the claimants is concerned, it is their case that the Claims Tribunal has erred in deducting the amount of Rs. 1,21,608/- for HRA, GIS and GPF from the annual income of the deceased while computing compensation. 8. The Supreme Court, in the matter of Meenakshi v. Oriental Insurance Co. Ltd.1, has clearly held that allowances under the heads of transport allowance, house rent allowance, provident fund loan, provident fund and special allowance have to be included in the salary of the deceased while applying the component of rise in income by future prospects to determine the dependency factor. 1 2024 SCC Online SC 1872 7 9. Thus, in light of the aforesaid discussion, and in light of the judgments of the Supreme Court rendered in the matters of Meenakshi (supra), this Court is computing the compensation as below:- Sr. No . Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 70,654/- x 12 = Rs. 8,47,848/- (-) Rs. 1,21,608/- towards HRA, GIS, GPF = Rs. 7,26,240/- Rs. 70,654/- x 12 = Rs. 8,47,848/- (including HRA, GIS and GPF) 2. (-) Income Tax Rs. 57,748/- = Rs. 6,48,492/- Rs. 82,069/- = Rs. 7,65,779/- 2. Future Prospect (+) 15% = Rs. 7,45,766/- (+) 15% = Rs. 8,80,645/- 3. Deduction (-) 1/4 = Rs. 5,59,024/- (-) 1/4 = Rs. 6,60,484/- 4. Multiplier (x) 11 = Rs. 61,49,264/- (x) 11 = Rs. 72,65,324/- 5. Loss of Estate Rs. 15,000/- Rs. 16,500/- 6. Funeral Expenses Rs. 15,000/- Rs. 16,500/- 7. Loss of Consortium Rs. 40,000/- x 4 = Rs. 1,60,000/- Rs. 44,000/- x 4 = Rs. 1,76,000/- Total Rs. 63,39,264/- Rs. 75,18,324/- 10. In view of the aforesaid analysis, the amount of compensation of Rs. 63,39,264/- awarded by the Claims Tribunal is enhanced to Rs. 75,18,324/-. Hence, the claimants are held entitled for an additional amount of 8 Rs. 11,79,060/-. 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 @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 10/02/2021 till its realization. Rest of the conditions of the impugned award shall remain intact. 11. Accordingly, MAC/815/2022 filed by the Insurance Company is hereby dismissed whereas MAC/977/2022 filed by the claimants is allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet