1 MAC No. 249 of 2022 2025:CGHC:37146 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 249 of 2022 1. Smt. Anupa Sen W/o Late Doman Sen, aged about 31 years;. 2. Minor Raja Sen S/o Late Doman Sen, aged about 8 years; 3. Minor Rajeshwar Sen S/o Late Doman Sen, aged about 6 years; (Appellants No.1 & 2 by natural Guardian Mother Smt. Anupa Sen) Appellants No.1 to 3 are R/o Village Belsonda, Police Station, Tahsil and District- Mahasamund (C.G.) 4. Bhagwat Sen S/o Late Ramadhar Sen, aged about 61 years, R/o Village Belsonda, Ward No. 07, Police Station, Tahsil and District – Mahasamund (C.G.) ... Appellants versus 1. Shiv Kumar Jagat S/o Khilawan Jagat, aged about 46 years, R/o Village Rumekel, Police Station and Tahsil – Patewa, District – Mahasamund (C.G.) (Driver of Hero Honda Passion Pro No. CG-06-GJ/4389). 2. Jagmohan Thakur S/o Trilochan Thakur, aged about 34 years, R/o Village Jhakharmunda, Police Station and ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.01 10:55:36 +0530 2 MAC No. 249 of 2022 Tahsil – Patewa, District- Mahasamund (C.G.) (Owner of Hero Honda Passion Pro No. CG-06-GJ/4389). 3. Branch Manager Tata A.I.G. Insurance Company Ltd. Building No. 9/1 Second Flower, behind Khandelwal Motors Ice Land M.G. Road Indor (C.G.) (Insurance Company of Hero Honda Passion Pro No. CG-06-G/4389). ... Respondents For Appellants :- Mr. Kripesh G. Kela, Advocate. For Respondent No.3 :- Ms. Harneet Kaur, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 29.07 .2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants seeking enhancement in the amount of compensation, challenging the impugned award dated 29.10.2021 passed by the Motor Accident Claims Tribunal, Mahasamund, Chhattisgarh in Claim Case No. H-87/2019, whereby learned Claims Tribunal has awarded a total sum of 18,02,800/- ₹ as compensation for the death of Doman Sen, who was a barber, aged about 35 years at the time of incident. 3 MAC No. 249 of 2022 2. Brief facts of the case, is that, on 19.10.2018, in the night, when Doman Sen was going on his cycle towards his shop, the offending motorcycle bearing Reg. No. CG-06- GJ-4389 which was rashly and negligently driven by respondent No.1 herein, owned by respondent No.2 herein and insured by respondent No.3 herein, dashed the cycle of the deceased due to which accident occurred and the deceased suffered grievous injuries. The deceased was admitted to the District Hospital, Mahasamund where during treatment he died. 3. Appellants, who are wife, sons and father of deceased Doman Sen, respectively, filed an application under Section 166 of the Act of 1988 before the Motor Accident Claims Tribunal (for brevity “Claims Tribunal”) seeking compensation to the tune of 35,80,000/- pleading therein ₹ that on the date of accident, deceased Doman Sen was aged about 35 years and was a sole bread earner of the family and on account of his untimely death in the accident, the appellants have suffered economical and psychological difficulties. 4 MAC No. 249 of 2022 4. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that deceased Doman Sen died in the accident arising out of rash and negligent driving of the aforesaid motorcycle driven by respondent No.1 herein, owned by respondent No.2 herein and insured by respondent No.3 herein. Breach of conditions of insurance policy was not found to be proved, and after calculating the amount of compensation, awarded ₹18,02,800/- as total compensation with interest @ 6% p.a. from the date of filing of claim application. 5. Mr. Kripesh G. Kela, learned counsel for the appellants, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. Claims Tribunal erred in assessing income of deceased as 8,000/- per month which should be 9,230/- ₹ ₹ as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. He would further submit that the Claims Tribunal has also erred in awarding compensation under the head of ‘loss of funeral expenses’ and ‘loss of estate’, therefore, 5 MAC No. 249 of 2022 the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 6. Ms. Harneet Kaur, learned counsel for the respondents, would submit that the appellants have failed to prove the exact income of deceased by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 7. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 8. Learned Claims Tribunal assessed the monthly income of deceased Doman Sen to be ₹ 8,000/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for barber who is a skilled labour, the monthly income of the deceased should be 6 MAC No. 249 of 2022 ₹9,230/- (as per minimum wages prescribed at relevant time) and 1,10,760/- per annum. ₹ 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 Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹ 8000 x 12 = ₹ 96,000/- ₹ 9,230 x 12 = . ₹ 1,10,760/- 2. Future Prospect (+) 40% i.e. 38,400 ; ₹ total income = ₹96,000 + 38,400 = ₹ 1,34,400/- (+) 40% i.e. 44,304; ₹ total income = ₹ 1,10,760 + 44,304 = 1,55,064/- ₹ 3. Deduction (-) ¼ = 33,600/- ₹ ₹ 1,34,400-33,600 = ₹ 1,00,800/- (total income) (-) ¼ = 38,766/- ₹ ₹ 1,55,064-38,766 = ₹ 1,16,298/- (total income) 4. Multiplier (x) 16 = 16,12,800/- ₹ (x) 16 = 18,60,768/- ₹ 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 7 MAC No. 249 of 2022 5. Loss of Estate ₹ 15,000/- , 15,000/- ₹ 6. Funeral Expenses ₹ 15,000/- ₹ 15,000/- 7. Loss of Consortium ₹. 40,000 x 4 = 1,60,000/- ₹ ₹40,000 x 4 = ₹ 1,60,000/- Total ₹. 18,02,800/- ₹ 20,50,768/- 10. In view of the aforesaid analysis, the amount of compensation of ₹ 18,02,800/- awarded by the Claims Tribunal is enhanced to ₹ 20,50,768/- . Hence, after deducting the amount of 18,02,800/- ₹ , the appellants are held entitled for an additional amount of ₹ 2,47,968/- . The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 30.07.2019 till its realization. Rest of the conditions of the impugned award shall remain intact. 11. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated 8 MAC No. 249 of 2022 herein-above. The deposit Tribunal shall pass appropriate order with regard to apportionment, investment and disbursement of the enhanced amount of compensation. Sd/- (Sanjay K. Agrawal) Judge Ankit