1 2025:CGHC:60548 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1059 of 2019 1 - Michcha Bhimaiya S/o Late Masa Aged About 45 Years R/o Village Kongupalli Post Pamgal Police Station Modkapal District Bijapur Chhattisgarh., District : Bijapur, Chhattisgarh. 2 - Smt. Michcha Vijje W/o Michcha Bhimaiya Aged About 40 Years R/o Village Kongupalli Post Pamgal Police Station Modkapal District Bijapur Chhattisgarh., District : Bijapur, Chhattisgarh. ... Appellants versus 1 - Jhameshwar Sahu S/o Ashok Sahu Aged About 24 Years R/o Bazarpara Near Dharamkanta Kirandul Tahsil Bacheli District South Bastar Dantewada Chhattisgarh. (Driver Of The Vehicle ), District : Dantewada, Chhattisgarh. 2 - Akhilesh Yadav S/o Prabhu Nath Yadav R/o Dr Rajendra Prasad Ward Kirandul Police Station Kirandul Tahsil Bacheli District South Bastar Dantewada Chhattisgarh. ( Owner Of The Vehicle ), District : Dantewada, Chhattisgarh. 3 - The Bajaj Alliance General Insurance Co. Ltd. Through Branch Manager Branch Office At Anupama Chowk Jagdalpur District Bastar Chhattisgarh. ( Insurer ), District : Bastar(Jagdalpur), Chhattisgarh. ... Respondent(s) For Appellants : Mr. Abhishek Nirala, Advocate, holding the brief of Mr. Pravin Kumar Tulsyan, Advocate For Respondent No.3 : Mr. Ghanshyam Patel, Advocate 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 12/12/2025 1. The appellants/claimants have filed the present appeal for enhancement of the award passed by the learned Motor Accident Claims Tribunal, South Bastar Dantewada in Claim Case No.18/2017, dated 14.01.2019, whereby the learned Tribunal has awarded compensation to the tune of 6,83,000/- along with interest at the rate ₹ of 9% per annum on account of the death of Sonbabu Miccha. 2. Learned counsel for the appellants would submit that on 25.01.2016, at about 4.30 pm, the motorcycle of the deceased was dashed by the offending truck bearing registration No. CG-18-J-9982, as a result, the deceased fell down and succumbed to the injuries sustained by him. He would contend that the parents of the deceased filed a claim petition under Section 166 of the Motor Vehicles Act and pleaded that the age of the deceased was 24 years and that he was earning 6,000/- per ₹ month but the learned Tribunal has assessed the income of the deceased at 4,500/- per month, which is on the lower side. He would ₹ further submit that the learned Tribunal has not granted adequate compensation under the conventional heads; thus, he prays for enhancement of the compensation. 3. On the other hand, Mr. Patel, learned counsel for the respondent No.3 would submit that the learned Tribunal has not committed any error of law. He would further submit that the deduction towards personal and living expenses should have been 1/2, as the deceased was a bachelor. He would further submit that on other heads, the learned Tribunal has awarded just and proper compensation; thus, the appeal deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the record. 3 5. From perusal of the award would show that the learned Tribunal has assessed the notional income of the deceased at 4,500/- per month, ₹ which appears to be on the lower side. In the absence of documentary evidence with regard to income of the deceased, the learned Tribunal ought to have applied the minimum wages applicable to an unskilled labourer for the month of January, 2016, which was 5,860/- per ₹ month. The said amount ought to have been taken for computation of compensation. Further, the learned Tribunal has not granted compensation towards future prospects and has failed to award compensation under the heads of loss of consortium and loss of estate. 6. As the deceased was a bachelor, the learned Tribunal ought to have deducted 1/2 towards personal and living expenses. 7. In view of the above, the compensation awarded by the learned Tribunal is recalculated as under:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1 Income Rs. 4,500 × 12 = Rs. 54,000 Rs. 5,860 × 12 = Rs. 70,320 2 Future Prospects Nil 40% of 70,320 = Rs. 28,128 Total Annual Income Rs. 54,000 Rs. 98,448 3 Deduction 1/3 = Rs. 18,000 1/2 = Rs. 49,224 Annual Dependency Rs. 36,000 Rs. 49,224 4 Multiplier 36,000 × 18 = Rs. 6,48,000 49,224 × 18 = Rs. 8,86,032 5 Loss of Estate Nil Rs. 15,000 6 Funeral Expenses Rs. 15,000 Rs. 15,000 7 Loss of Rs. 20,000 Rs. 40,000 × 2 = Rs. 4 Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court Consortium 80,000 8 TOTAL Rs. 6,83,000 Rs. 9,96,032 9 Final Compensation Rs.9,96,032-6,83,000 = Rs. 3,13,032/- 8. In view of the above calculation, the appellants/claimants shall be entitled to an additional sum of Rs. 3,13,032/-. The insurance company is directed to pay the enhanced compensation Rs. 3,13,032/- with interest @9% per annum to the appellants/claimants within a period of 60 days. Rest of the terms and conditions 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