1 2025:CGHC:45107 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 296 of 2024 1 - Smt Rajmat Bai Patel W/o Late Mukund Patel Aged About 35 Years R/o Village And Post Mangata, Ward No.3, Khursul Tahsil And Distt-Rajnandgaon, Chhattisgarh. (Claimants) 2 - Prema Patel D/o Late Mukund Patel Aged About 7 Years (Through Mother Smt. Rajmat Bai Patel, Aged About 35 Years, W/o Late Mukund Patel,) R/o Village And Post Mangata, Ward No.3, Khursul Tahsil And Distt-Rajnandgaon, Chhattisgarh. 3 - Prabha Patel D/o Late Mukund Patel Aged About 17 Years (Through Mother Smt. Rajmat Bai Patel, Aged About 35 Years, W/o Late Mukund Patel,) R/o Village And Post Mangata, Ward No.3, Khursul Tahsil And Distt-Rajnandgaon, Chhattisgarh. 4 - Bhaneshwari Patel D/o Late Mukund Patel Aged About 10 Years (Through Mother Smt. Rajmat Bai Patel, Aged About 35 Years, W/o Late Mukund Patel,) R/o Village And Post Mangata, Ward No.3, Khursul Tahsil And Distt-Rajnandgaon, Chhattisgarh. 5 - Damini Patel D/o Late Mukund Patel Aged About 13 Years (Through Mother Smt. Rajmat Bai Patel, Aged About 35 Years, W/o Late Mukund Patel,) R/o Village And Post Mangata, Ward No.3, Khursul Tahsil And Distt-Rajnandgaon, Chhattisgarh. 6 - Phoolu Bai Patel W/o Late Ankalaha Patel Aged About 70 Years R/o And Post Mangata, Ward No.3, Khursul Tahsil And Distt-Rajnandgaon, Chhattisgarh. ... Appellant (s) 2 versus 1 - Shiv Kumar S/o Pusuram Aged About 34 Years R/o Village Bori, Tahsil Dhamdha Distt - Durg, Chhattisgarh. (Driver) 2 - Tahal Singh Thakur S/o Kripal Ram Thakur R/o Village Bori, Tahsil Dhamdha Distt - Durg, Chhattisgarh. (Owner) 3 - Ifco Tokiyo General Insurance Company Limited Through Its Branch Manager, Anupam Nagar, Rajnandgaon, Tahsil And Distt - Rajnandgaon, Chhattisgarh. (Insurer) ... Respondent(s) For Appellant (s) : Ms. Bhavika Kotecha, Advocate For Respondents 1 and 2 : Shri Rakesh Kumar, Advocate on behalf of Shri Pushpendra kumar Patel, Advocate For Respondent No.3 : Ms. Shrishti Shriattal, Advocate on behalf of Shri Vaibhav Shukla, Advocate ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 03/09/2025 This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘M.V.Act’) has been filed challenging the award dated 19/03/2022 passed in claim case No.133/2022 by the 3rd Additional Motor Accident Claims Tribunal, Rajnandgaon, (CG) (for short ‘Tribunal’). By the impugned award, against a claim of Rs.60,00,000/-, learned Tribunal has awarded compensation of Rs.18,66,000/- in favour of the appellants / claimants. 2. The claim application under Section 166 of the MV Act has been filed on account of death of Mukund Patel in an accident that occurred on 19/03/2022 by rash and negligent driving of the offending vehicle (Car) bearing registration No.CG 07 BF 6750 by respondent No.1, owned by respondent No.2 and insured with respondent No.3. As per pleadings of the claim application, the deceased was aged about 35 years and was a carpenter. Therefore, the aforestated compensation was claimed. 3 3. The respondents 1 and 2 filed written statement and denied averments of the claim application. The insurance company except admitted facts denied averments of the claim application and took a plea that there is violation of the terms and conditions of the insurance policy as and the driver was not having valid and effective driving license. 4. On the basis of above pleadings, learned Claims Tribunal framed issues and decided the same in favour of the appellants / claimants and awarded the abovestated compensation. 5. Learned counsel for the appellants submits that the income of the deceased has wrongly been assessed. Therefore, the compensation may be enhanced. 6. Learned counsel for respondent No.3 submits that just compensation has been awarded. Therefore, no interference with the award is warranted. 7. Heard learned counsel for the parties, considered their rival submissions and perused the records. 8. Taking into consideration the age, dependency, minimum wages etc., this Court assesses the monthly income of the deceased to Rs.11,000/- and taking guidance from the judgments of Hon’ble Supreme Court in the case of Sarla Verma and ors. v. Delhi Transport Corporation and ors., (2009) 6 SCC 121, National Insurance Co. Ltd. v. Pranay Sethi and ors, (2017) 16 SCC 680 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and ors., (2018) 18 SCC 130 propose to recompute the compensation in the following manner - 1. Monthly income Rs.11000/- 2. Future prospects 40% (11000 + 4400) Rs.15400/- 3. Yearly income (15400x12) Rs.184800/- 4. 1/4 deduction for personal expenses (184800/4) Rs.138600/- 4 5. Multiplier of 138600 (138600 X 14) Rs.1940400/- 6. Spousal consortium, funeral expenses, loss of Estate +Rs.70000/- 7. Parental and Filial consortium (Rs.40,000 each) +Rs.200000/- Total Compensation =Rs.22,10,400/- 10. The learned Tribunal has awarded Rs.18,66,000/- which is deducted from the total compensation now assessed and the enhanced compensation comes to Rs.3,44,400/-. Looking to the facts and circumstances of the case, interest @ 6% is also awarded on the enhanced amount of compensation from the date of filing of appeal i.e. 05/02/2024 to be deposited by the insurance company within a period of 60 days. On deposit being made, learned Tribunal shall pass appropriate order with regard to apportionment, investment and disbursement. 11. The appeal thus allowed in part. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.09.10 16:55:16 +0530