1 2025:CGHC:16045 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 268 of 2018 Judgment Reserved on : 05.02.2025 Judgment Delivered on : 04.04.2025 1 - Smt. Sahodra Bai, W/o W/o Late Yogesh Sahu, Aged About 34 Years, R/o Village Loada Pathariya Tahsil- Pathariya, District- Mungeli, Chhattisgarh. 2 - Dhannjay Sahu, S/o Late Yogesh Sahu, Aged About 14 Years. Minor Through Her Legal Guardian Mother Smt. Sahodra, Bai. R/o Village Loada Pathariya Tahsil Pathariya, District- Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh 3 - Aadarsh Sahu S/o S/o Late Yogesh Sahu Aged About 04 Years. Minor Through Her Legal Guardian Mother Smt. Sahodra Bai. R/o Village Loada Pathariya Tahsil Pathariya, District- Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh ... Appellants/Claimants versus 1 - Bhanu Sahu S/o Rambharos Sahu, Aged About 42 Years R/o Village- Bija Thana, Takhatpur, Tahsil Takhatpur District- Bilaspur, Chhattisgarh. (Driver Of The Offending Vehicle Truck No. C. G. 10/ Z.B./ 1605). 2 - Subhash Jaiswal, S/o Ganesh Jaiswal, Aged About 40 Years, Address- Sharda Gas Service, Old High Court Bilaspur, Thana- Tarbahar Tahsil And District- Bilaspur, Chhattisgarh.(Owner Of The Offending Vehicle Truck No. C.G. 10/z. B./ 1605). 3 - Branch Manager, Bajaj Alliance General Insurance Company Limited, Branch Office Address- Guru Kripa Tower 3rd Floor In Front Of Ashish, Auto Mobile Vyapar Vihar Road Thana Civil Line Tahsil And District- Bilaspur, Chhattisgarh. (Insurer Of The Offending Vehicle Truck No. C.G. 10/ Z. B./ 1605). ... Respondents ____________________________________________________________ For Appellants : Mr. A.L. Singroul, Advocate. For Respondents : None present. ____________________________________________________________ Digitally signed by AMIT PATEL 2 Hon'ble Smt. Justice Rajani Dubey CAV Judgment 1. The Miscellaneous Appeal has been preferred by the Claimants/appellants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988') questioning the legality and propriety of the award dated 05.10.2017 passed by the learned Sixth Additional Motor Accident Claims Tribunal, Bilaspur, District- Bilaspur (C.G.) in Claim Case No.523/2016, whereby the learned Tribunal while allowing the claim in part has awarded the total amount of compensation to the tune of Rs. 8,38,944/- with interest @ 6% per annum from the date of application till realization in favour of the appellants/claimants for the death of Yogesh Sahu (since deceased). 2. Briefly stated facts of the case are that on 22.08.2016, Yogesh Sahu (deceased), who is husband of appellant No. 1 and father of appellants No. 2 to 3 was traveling in Motorcycle Bearing Registration No. CG-28- B-9892 from Takhatpur to his Village- Loudha. However, on the way, respondent No. 1 by driving vehicle Truck Bearing Registration No. CG- 10-ZB-1605 (hereinafter referred to as “the offending vehicle”) in a rash and negligent manner came from back side of the deceased Yogesh Sahu and dashed his motorcycle, as a result of which, sustained injuries on his head and chest. He was immediately taken to Primary Health Centre, Takhatpur in 108 vehicle, but he died on the way. Report regarding the alleged accident was lodged at Police Station- Jarhagaon, based upon Crime No. 163/16 was registered and offence under Sections 279, 337 & 304-A of IPC was registered against the respondent No. 1-driver. 3 It was pleaded that at the time of accident, the deceased Yogesh Sahu was 35 years of age, working as electrician and earning Rs. 15,000/- per month. The claimants were totally dependent upon the earning of the deceased as he was the sole bread winner of the family as such, they claimed a total sum of Rs. 55,00,000/- with interest as compensation under various heads. 3. Based on the pleadings of the respective parties, the learned Tribunal after appreciation of oral and documentary evidence on record passed the impugned award as mentioned above. Hence, this appeal by the claimants for enhancement. 4. Learned counsel for the claimants submits that the deceased was doing work as electrician at the time of his accident and he was earning much more amount than what has been assessed by the Tribunal and the assessment of income by the Tribunal is unreasonably low. This apart, under the conventional heads also the amount awarded by learned Tribunal needs to be suitably enhanced. Learned counsel for the appellants/claimants further submits that the learned Tribunal has wrongly mentioned 30% of future prospects, but rightly calculated by applying 50% of the same. Similarly, the learned Tribunal has wrongly mentioned multiplier as 14, but rightly calculated by applying the multiplier of 16, hence the same needs to be rectified. In support of above contention, reliance has been placed on the decision of this Court in the matter of Branch Manager vs. Shabana Khan, passed in MAC No. 322 of 2015. 5. I have heard learned counsel for the appellants/claimants and perused the material available on record. 6. As regards income of the deceased, though the claimants/appellants 4 have pleaded that he was earning Rs.15,000/- per month as a electrician, but no documentary or oral evidence in support thereof has been adduced. Therefore, in these circumstances, in absence of any proof regarding income, the income of the deceased Yogesh Sahu as a skilled labour is considered as Rs. 6,549/- per month as per minimum wages at the relevant time. Considering the age of the deceased, the number of dependents, the nature of job, the deduction made by the Tribunal towards personal and living expenses, multiplier of 16 and 50 % future prospect granted, is quite in accordance with law and needs no interference. However, the amount awarded under the conventional heads being on the lower side, which needs to be enhanced. Thus, the claimants are held entitled for compensation as under:- S.N o. Head Awarded by the Tribunal (Rs.) Awarded by this Court (Rs.) 1. Income of the deceased 3,432x12= 41,184/- p.a. 6,549x12= 78,588/- p.a. 2. 1/3rd deduction towards personal and living expenses of the deceased 41,184- 13,728=27,456/- p.a. 78,588-26,196=52,392/- p.a. 3. 50% of above to be added towards future prospects 27,456+13,728=41,184/- 52,392+26,196=78,588/- 4. Multiplier applied 16 16 5. Total loss of dependency Rs. 6,58,944/- (Rs.41,184x16) Rs. 12,57,408/- (Rs.78,588x16) 6. For loss of spousal consortium 50,000/- 50,000/- 4. For loss of love and 50,000+50,000=1,00,000 1,00,000/- 5 affection /- 5. For funeral expenses 25,000/- 25,000/- 6. Loss of estate 5,000/- 15,000/- Total compensation awarded Rs. 8,38,944/- Rs. 14,47,408/- 7. On the basis of aforesaid discussion, the claimants/appellants are held entitled for a total compensation of Rs. 14,47,408/-. Since, the Claims Tribunal has already awarded Rs. 8,38,944/-, after deducting the said amount, the claimants/appellants are entitled for enhanced amount of Rs. 6,08,464. This additional amount of compensation shall carry interest @ 6% p.a. from the date of filing of claim application till realization. The amount received by the claimants, if any, shall be adjusted in the enhanced sum. However, rest of the conditions of the impugned award shall remain intact. 8. Appeal is partly allowed with modification in the impugned award to the extent as indicated herein above. Sd/- (Rajani Dubey) Judge AMIT PATEL