-1- 2025:CGHC:25020 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No.120 of 2021 1 - Harihar S/o Raghunath Aged About 45 Years By Caste Nagesiya Resident Of Village Mahadevand, Police Station And Tahsil Bagicha , District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 2 - Shivlal S/o Raghunath Aged About 37 Years By Caste Nagesiya, Resident Of Village Mahadevand, Police Station And Tahsil Bagicha , District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 3 - Parvati W/o Raghunath Aged About 62 Years By Caste Nagesiya, Resident Of Village Mahadevand, Police Station And Tahsil Bagicha , District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ... Appellants/Claimants versus 1 - Sonu Gupta S/o Ashok Gupta Aged About 23 Years Caste Teli , Resident Of Village Mahadevand, Police Station And Tahsil Bagicha , District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 2 - The Oriental Insurance Company Limited Through Branch Manager , Local Branch Office, Manendragarh Road, Near Ambedkar Chowk , Ambikapur , District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ... Respondents For Appellants/Claimants : Mr. Sanjeev Kumar Sahu, Advocate For Respondent No.2 : Ms. M. Asha, Advocate For respondents No.1 : None appears though served Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board -2- 17.06.2025 1) Heard. 2) The appellants/claimants have filed this appeal against the award dated 17.01.2020 passed by the learned Motor Accident Claims Tribunal, Jashpur (C.G.) in Claim Case No.40/2019, whereby, the learned Tribunal passed an award to the tune of Rs.3,10,000/- with interest @ 6% from the date of presentation of the application i.e. 16.05.2019. 3) The facts of the present case are that on 11.11.2018, respondent No.1 driving the offending car bearing registration No.C.G.-14-ME-9996 rashly and negligently dashed the deceased Raghunath, who sustained grievous injuries and succumbed to death. 4) The claimants filed a claim case under Section 166 of the Motor Vehicles Act claiming therein compensation to the tune of Rs.12,00,000/- on the ground that at the time of the accident, the age of the deceased was 70 years and he was earning Rs.15,000/- per month. 5) The Insurance Company filed a reply and denied the contents of the application. 6) Learned Claims Tribunal after appreciation of documentary and oral evidence passed an award to the tune of Rs.3,10,000/- with interest @ 6% in favour of the claimants. The Tribunal awarded Rs.15,000/- for the loss of estate; Rs. 15,000/- for funeral expenses and Rs.40,000/- for the loss of consortium in favour of the wife of the deceased. -3- 7) Mr. Sahu, learned counsel appearing for the appellants/claimants would submit that the learned Tribunal has not assessed the income of the deceased properly as the minimum wages prevailing in the State of Chhattisgarh in the year 2019 was Rs.8140/- whereas the monthly income of the deceased has been considered by the Tribunal to the tune of Rs.6,000/- p.m. only. He would further contend that the learned Tribunal has awarded a meager amount against the loss of estate and funeral expenses and no compensation has been awarded for the loss of consortium to claimants No.1 & 2. 8) On the other hand, Ms. M. Asha, the learned counsel appearing for the Insurance Company would oppose the submissions made by Mr. Sahu. She would submit that the learned Tribunal has passed a just and proper award. 9) I have heard the learned counsel appearing for the parties and perused the records. 10) Admittedly, the age of the deceased was 70 years therefore, the wages payable according to the provisions of minimum wages would not apply. Learned Tribunal taking into consideration the evidence adduced and the age of the deceased rightly assessed the income of the deceased to the tune of Rs.6,000/- per month and I do not find any good ground to disturb such a finding. 11) A perusal of the award would show that the learned Tribunal has awarded Rs.15,000/- for the loss of estate and Rs.15,000/- for funeral expenses and according to the law laid down by the Hon’ble Supreme Court in the matter -4- of National Insurance Co. Ltd. v. Pranay Sethi and Ors, (2017) 16 SCC 680, the figure awarded by the learned Tribunal appears to be proper. 12) With regard to the loss of consortium, the learned Tribunal has awarded Rs.40,000/- only to claimant No.3/wife of the deceased namely, Smt. Parvati. Learned Tribunal erred by not awarding compensation for the loss of consortium to claimants No.1 & 2 who are children of the deceased, accordingly, the award is modified. Claimants No.1 & 2 namely, Harihar and Shivlal would be entitled to receive Rs.40,000/- -Rs.40,000/- each on the head of the loss of consortium. The said amount shall carry interest @ 6% from the date of application till its realization. 13) The Insurance Company is directed to make payment of the enhanced amount of compensation within a period of 60 days otherwise the enhanced amount shall carry interest at the rate of 12% per annum. 14) In view of the above, the appeal is partly allowed. Sd/- (Rakesh Mohan Pandey) Judge Rekha