1 MAC No. 116 of 2022; MAC No. 1177 of 2022; MAC No. 1179 of 2022 & MAC No. 137 of 2022 2025:CGHC:60624 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 116 of 2022 1.Sahin Aara W/o Late Monajir Khan, Aged About 39 Years; 2.Anwar Khan S/o Late Mo Khan, Aged About 14 Years; 3.Ahson Khan S/o Late Monajir Khan, Aged About 13 Years; 4.Enbani Bibi W/o Tesamuddin Khan, Aged About 55 Years; 5.Tesamuddin Khan S/o Aminuddin Khan, Aged About 60 Years; Appellants No.2 & 3 are minor through their guardian mother Smt. Sahin Aara wife of late Monajir Khan, aged about 39 years, All are R/o. Village Adhaura, Post Majhiaav, District Gadva (Jharkhand). --- Appellants versus 1.Mohd. Firoj Khan S/o Tabrej Khan, Aged About 27 Years, R/o Village Bamuni, Post Bardiha, District Gadva (Jharkhand).......(Driver Of Offending Vehicle). ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.12.15 14:12:58 +0530 2 MAC No. 116 of 2022; MAC No. 1177 of 2022; MAC No. 1179 of 2022 & MAC No. 137 of 2022 2.Shri Sunny Bansal S/o Shri Ashok Bansal, Ward No. 07, Agrawalpara, Lakhanpur, Surguja, District Ambikapur (Chhattisgarh)........Owner Of Offending Vehicle. 3.Chhola Mandalam, M.S. General Insurance Co. Ltd., Through Incharge Of C.G. Chhola Mandalam, M.S. General Insurance Co. Ltd., 2nd Floor, Simiran Tower, Infront L.I.C. Building, Pandri, Raipur, District Raipur Chhattisgarh....… Insurer Of Offending Vehicle. --- Respondents MAC No. 1177 of 2022 1.Chola Mandalam M.S. General Insurance Company Limited Through Regional Office, (Wrongly Mention C.G. In -Charge) Chola Mandalam M.S. General Insurance Company Limited, 2nd Floor Simran Tower, Opposite LIC Building, Pandri, Raipur, District : Raipur, Chhattisgarh. --- Appellant Versus 1.Smt. Yasmina Khatoon W/o Late Shri Raazi Ahmed Khan, Aged About 30 Years; 2.Aaliya Naaz, D/o Late Shri Raazi Ahmed Khan, Aged About 5 Years; 3.Aatif Raja, S/o Late Shri Raazi Ahmed Khan, Aged About 4 Years; 4.Bibi Julekha, M/o Late Shri Raazi Ahmed Khan Aged About 60 Years; 3 MAC No. 116 of 2022; MAC No. 1177 of 2022; MAC No. 1179 of 2022 & MAC No. 137 of 2022 5.Aazad Khan S/o Shri Aminuddin Khan, Aged About 60 Years Respondents No.2 & 3 are minor through Mother Smt. Yasmina Khatoon W/o late Shri Raazi Ahmed Khan, aged about 30 years. All are R/o Village Adhaora, Post Majhiaav, District Gadwa, Jharkhand. 6.Mohd. Firoz Khan S/o Tabrez Khan, Aged About 27 Years, R/o Village Bamuni, Post Bardiha, District Gadwa, Jharkhand. 7.Shri Sunny Bansal S/o Shri Ashok Bansal R/o Ward No. 07, Agrawal Para, Lakhanpur, Ambikapur, District Sarguja (Wrongly Mention Sarguja, District : Ambikapur), Chhattisgarh. --- Respondents MAC No. 1179 of 2022 1.Chola Mandalam M.S. General Insurance Company Limited Through Regional Office (Wrongly Mention C.G. In-Charge) Chola Mandalam M.S. General Insurance Company Limited, 2nd Floor Simran Tower, Opposite LIC Building, Pandri Raipur, District Raipur Chhattisgarh. (Insurer). --- Appellant Versus 1.Smt. Sahin Aara W/o Late Shri Monasir Khan, Aged About 39 Years, 2.Anwar Khan S/o Late Shri Monasir Khan, Aged About 14 Years; 4 MAC No. 116 of 2022; MAC No. 1177 of 2022; MAC No. 1179 of 2022 & MAC No. 137 of 2022 3.Ehsaan Khan S/o Late Shri Monasir Khan, Aged About 13 Years; 4.Inbaani Bibi M/o Late Shri Monasir Khan, Aged About 55 Years; 5.Tesamuddin Khan F/o Late Shri Monasir Khan, Aged About 60 Years; Respondents No.2 & 3 are minor through mother Smt. Sahina Aara, aged about 39 years, W/o late Shri Monasir Khan, All are R/o Village Adhora, Post Majhiaav, District Village Adhora, Post Majhiaav, District Gadwa, Jharkhand. 6.Mohd. Firoz Khan S/o Tabrez Khan, Aged About 27 Years, R/o Village-Bamuni, Post Bardiha, District Gadwa, Jharkhand. (Driver Vehicle No. CG-15-DH-7087). 7.Sunny Bansal S/o Ashok Bansal, R/o at ward No.7, Agrawal Para, Lakhanpur, Ambikapur, District- Sarguja, (Wrongly Mention Sarguja), District Ambikapur Chhattisgarh. (Owner Vehicle No. CG- 15-DH-7087). --- Respondents MAC No. 137 of 2022 1.Yasmina Khatun W/o Late Raji Ahmad Khan, Aged About 30 Years; 2.Aaliya Naz D/o Late Raji Ahmad Khan, Aged About 5 Years; 3.Aatif Raja S/o Late Raji Ahmad Khan, Aged About 4 Years; 5 MAC No. 116 of 2022; MAC No. 1177 of 2022; MAC No. 1179 of 2022 & MAC No. 137 of 2022 4.Bibi Julaikha W/o Azad Khan Aged, About 60 Years; 5.Azad Khan S/o Aminuddin Khan, Aged About 60 Years; Appellants No.2 & 3 are minor through their guardian mother Yasmina Khatun, wife of Late Raji Ahmad Khan, aged about 30 years. All are R/o Village Aghaura, Post Majhiaav, District Gadva (Jharkhand). --- Appellants Versus 1.Mohd. Firoj Khan S/o Tabrej Khan Aged About 27 Years R/o Village Bamuni, Post Bardiha, District Gadva (Jharkhand), Driver Of Offending Vehicle. 2.Shri Sunny Bansal S/o Shri Ashok Bansal, Ward No. 07, Agrawalpara, Lakhanpur, Surguja, District Ambikapur Chhattisgarh, (Owner Of Offending Vehicle). 3.Chhola Mandalam, M. S. General Insurance Co. Ltd. Through Incharge Of C.G. Chhola Mandalam, M.S. General Insurance Co. Ltd., 2nd Floor, Simiran Tower, Infront L.I.C. Building, Pandari, Raipur, District Raipur, Chhattisgarh (Insurer Of Offending Vehicle). --- Respondents For Claimants :- Mr. P. Acharya, Advocate. For Insurance Company :- Mr. Ghanshyam Patel, Advocate For Owner & Driver :- Ms. Seema Verma, Advocate, on behalf of Ms. Uttara Shrivastava, Advocate. 6 MAC No. 116 of 2022; MAC No. 1177 of 2022; MAC No. 1179 of 2022 & MAC No. 137 of 2022 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 12.12.2025 1.The accident occurred on 30.04.2020 in which Monajir Khan and Raaji Khan both died. The legal representatives of both the deceased persons had filed claim applications, which were allowed by the 2nd Additional Motor Accident Claims Tribunal, Katghora, District Korba, Chhattisgarh (for short “Claims Tribunal”) vide its award dated 22.10.2021, whereby the Claims Tribunal has awarded a sum of ₹ 14,30,125/- in Claim Case No. 40/2020 to the claimants/legal representatives of deceased Monajir Khan and also awarded a sum of ₹ 16,94,894/- in Claim Case No. 41/2020 to the claimants/legal representatives of deceased Raji Ahmad Khan. Challenging the award dated 22.10.2021 passed by the Claims Tribunal, the claimants/legal representatives of deceased Monajir Khan have filed MAC No.116/2022 and claimants/legal representatives of deceased Raji Ahmad Khan have filed MAC No.137/2022 7 MAC No. 116 of 2022; MAC No. 1177 of 2022; MAC No. 1179 of 2022 & MAC No. 137 of 2022 seeking enhancement of the compensation amount. Insurance Company has also filed MAC Nos.1179/2022 & 1177/2022, which have also arisen out of the same impugned award dated 22.10.2021. 2.Since the all the four appeals are arisen out of the common accident and the same impugned award, they have been heard together and are being disposed of by this common judgment. 3.Mr. P. Acharya, learned counsel for the claimants, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the present cases. He would also submit that the Claims Tribunal erred in assessing income of deceased Monajir Khan as ₹8,060/- per month which should be ₹9,510/- and also income of the deceased Raji Ahmad Khan as 8,060/- per month which should be ₹ ₹9,510/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh and, therefore, the appeals filed by the claimants be allowed and 8 MAC No. 116 of 2022; MAC No. 1177 of 2022; MAC No. 1179 of 2022 & MAC No. 137 of 2022 the compensation awarded by the Claims Tribunal may suitably be enhanced. 4.Mr. Ghanshyam Patel, learned counsel for the appellants, would submit oppose the prayer made by learned counsel for the claimants and submit that the deceased were the gratuitous passengers, therefore, the Insurance Company is not liable to pay the compensation to the claimants that also the Insurance Company should be exonerated from its liability to pay the compensation. He would also submit that the appeals preferred by the claimants for enhancement of the compensation amount are liable to be dismissed. 5.Ms. Seema Verma, learned counsel for the owner and the driver, would submit that the owner and driver are not liable to pay the compensation amount. 6.I have heard learned counsel for the parties, considered their rival submissions made herein 9 MAC No. 116 of 2022; MAC No. 1177 of 2022; MAC No. 1179 of 2022 & MAC No. 137 of 2022 above and gone through the records meticulously. 7.So far as the appeals of the Insurance Company is concerned, the Claims Tribunal has clearly recorded a finding that relying upon the statement of Abdul Samad (AW-2), who was the eye witness to the accident. AW-2 has stated that the deceased were pedestrians and standing on the road and they were not travelling in the offending vehicle. The Claims Tribunal has also recorded that the evidence available on the record has to be relied upon and the documents of criminal case cannot be looked into. The said finding recorded by the Claims Tribunal is in accordance with the decision of the Supreme Court in the matter of National Insurance Company Limited v. Chamundeswari and others 1 . As such, I do not find any merit in the appeals preferred by the Insurance Company, accordingly, the appeals are dismissed. 1 (2021) 18 SCC 596 10 MAC No. 116 of 2022; MAC No. 1177 of 2022; MAC No. 1179 of 2022 & MAC No. 137 of 2022 8.In the appeal preferred by Sahin Aara and others-claimants/legal representatives of deceased Monajir (MAC No.116/2022) as well as the appeal preferred by Yasmin Khatun and others-claimants/legal representatives of deceased Raji Ahmad khan, learned Claims Tribunal assessed the monthly income of deceased persons to be ₹8,060/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased persons should be ₹9,510/- (as per minimum wages prescribed at relevant time) and, as such, the compensation amount is liable to be enhanced. 9.Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi2, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors3 and 2 (2017) 16 SCC 680 3 (2009) 6 SCC 121 11 MAC No. 116 of 2022; MAC No. 1177 of 2022; MAC No. 1179 of 2022 & MAC No. 137 of 2022 Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 4 , this Court is computing the compensation as below:- Monajir Khan (MAC No.116/2022) Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹8,060 x 12 = ₹ 96,720/- ₹ 9,510 x 12 = ₹1.14.120/- 2. Future prospect (+)25% = 24,180/- ₹ total income = ₹ 1,20,900/- (+) 25% = 28,530/- ₹ total income = ₹ 1,42,650/- 3. Deduction (-) ¼ = 30,225/- ₹ ₹1,20,900–30,225= 90,675/- ₹ (-) ¼ = 35,662/- ₹ ₹1,42,650–35,662= ₹1,06,988/- (total income) 4. Multiplier (x) 15 = ₹13,60,125/- (x) 15 = ₹16,04,8200/- 5. Loss of Estate ₹15,000/- 15,000/- ₹ 6. Funeral Expenses ₹15,000/- 15,000/- ₹ 7. Consortium ₹40,000/- ₹40,000 x 5 = 2,00,000/- ₹ Total ₹14,30,125/ - ₹18,34,820 /- Raji Ahmad Khan (MAC No.137/2022) Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹8,060 x 12 = ₹ 96,720/- ₹ 9,510 x 12 = ₹1,14,120/- 2. Future prospect (+)40% = 38,688/- ₹ total income = ₹ (+) 40% = 45,648/- ₹ total income = ₹ 4 (2018) 18 SCC 130 12 MAC No. 116 of 2022; MAC No. 1177 of 2022; MAC No. 1179 of 2022 & MAC No. 137 of 2022 1,35,4080/- 1,59,768/- 3. Deduction (-) ¼ = 33,852/- ₹ ₹1,35,408–33,852= 1,01,556/- ₹ (-) ¼ = 39,942/- ₹ ₹1,59,768–39,942= ₹1,19,826/- (total income) 4. Multiplier (x) 16 = ₹16,24,894/- (x) 16 = ₹19,17,216/- 5. Loss of Estate ₹15,000/- 15,000/- ₹ 6. Funeral Expenses ₹15,000/- 15,000/- ₹ 7. Consortium ₹40,000/- ₹40,000 x 5 = 2,00,000/- ₹ Total ₹16,94,894/ - ₹21,47,216 /- 10. In view of the aforesaid analysis, the amount of compensation of 14,30,125/- ₹ awarded by the Claims Tribunal to the claimants of Monajir Khan is enhanced to 18,34,820 ₹ /-, and the amount of compensation of 16,94,894/- ₹ awarded by the Claims Tribunal to the claimants of Raji Ahmad Khan is enhanced to 21,47,216/- ₹ Hence, after deducting the amount of ₹14,30,125/- , the claimants of deceased Monajir Khan are held to be entitled to an additional amount of 4,04,695/- (in MAC No.116/2022) ₹ and after deducting the amount of 16,94,894/- ₹ , the claimants of deceased Raji Ahmad Khan are held 13 MAC No. 116 of 2022; MAC No. 1177 of 2022; MAC No. 1179 of 2022 & MAC No. 137 of 2022 to be entitled to an additional amount of ₹4,52,320/- (in MAC No.137/2022) . The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 11. Accordingly, the appeals filed by the Insurance Company MAC Nos. 1177/2022 & 1179/2022 are dismissed and the appeals filed by the claimants MAC Nos. 116/2022 & 137/2022 are allowed in part and the impugned award is modified to the extent as indicated herein- above. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit