1 2025:CGHC:13468 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 339 of 2025 • The New India Assurance Company Limited Through- Its Divisional Manager, Divisional- Office, IInd Floor, L.I.C. Commercial Complex Phase- 1, Pandari, Raipur, District- Raipur ( C.G. ). ... Appellant/Non-Applicant No. 3 Versus 1. Lata Sahu W/o Shri Santosh Sahu, Aged About 51 Years R/o Village- Kathadeeh, P.O.- Sundar Nagar, P.S.- Mujgahan, District- Raipur (C.G.). 2. Santosh Sahu S/o Late Shri Brijlal Aged About 54 Years R/o Village- Kathadeeh, P.O.- Sundar Nagar, P.S.- Mujgahan, District- Raipur (C.G.). (Claimants/Applicants No. 1 and 2) 3. Yash Panjwani S/o- Shri Nandlal Panjwani Aged About 27 Years R/o House No. 09, Near Balaji Nursing School, Dubey Colony Mova, Raipur, District- Raipur ( C.G. ) (Driver /Non-Applicant No. 1) 4. Anju Panjwani W/o Shri Nandlal Panjwani Aged About 55 Years R/o House No. 09, Near Balaji Nursing School, Dubey Colony, Mova, Raipur, District- Raipur ( C.G. ) ( Owner/Non-Applicant No. 2) ... Respondents For Appellant : Mr. Dashrath Gupta, Advocate For Respondents No. 1 & 2/ Claimants For Respondents No. 3 & 4 : : Mr. Amiyakant Tiwari, Advocate None, though served Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 20/03/2025 1. Being aggrieved with the award dated 14.11.2024 passed by the learned Principal Motor Accident Claims Tribunal, Raipur, District Raipur in Claim Case No. 276/2024, the appellant/Insurance Company has filed this appeal challenging the quantum of compensation. Digitally signed by RAMESH KUMAR VATTI 2 2. The claimants/respondents No. 1 and 2 are unfortunate parents of the deceased namely, Umesh Kumar Sahu, who was aged about 21 years. 3. The facts of the case are that on the date of the accident i.e. 18.02.2024, Ishwar Sahu was going on his Motorcycle bearing registration No. CG-04 NQ 7613 along with his brother Umesh Kumar Sahu from Kathadih to Canal Road. Umesh Kumar Sahu was a pillion rider. When they reached Anandnagar Chowk, Telibandh, Raipur, non- applicant No. 1, the driver of the offending vehicle Swift Car bearing registration No. CG-04 NB 8111, driving the said vehicle in a rash and negligent manner, dashed the motorcycle. As a result thereof, Umesh Kumar Sahu sustained grievous multiple injuries on his head and different parts of his body, he was taken to Urmila Memorial Hospital, Bhatagaon, Raipur and was hospitalized. During the course of the treatment, he died on 22.02.2024. At the time of the accident, the deceased-Umesh Kumar Sahu was working as a Carpenter in Ujjwal Enterprises, Raipur and was earning Rs.16,000/- per month. 4. The learned Tribunal awarded a total compensation of Rs. 21 lakhs in favour of the claimants/respondents No. 1 and 2, parents of the deceased, with interest @ 7% per annum from the date of the application till its realization. The Tribunal fastened liability with the respondents. 5. Learned counsel for the appellant/Insurance Company would submit that the learned Claims Tribunal has wrongly deducted 1/3rd towards personal and living expenses of the deceased, whereas it should have been 50%, in this regard, he placed reliance on the decision of the Hon’ble Supreme Court rendered in the matters of Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, (2009) 6 3 SCC 121. Therefore, he would pray to modify the award dated 14.11.2024 passed by the learned Claims Tribunal. 6. On the other hand, learned counsel for the claimants/respondents No. 1 and 2 would support the impugned award and submit that the learned Claims Tribunal considering all the relevant aspects of the matter, has rightly awarded compensation, which needs no interference by this Court. 7. I have heard learned counsel for the parties and perused the material available on the record. 8. A perusal of the award would show that the learned Tribunal committed an error while deducting 1/3 notional income of the deceased, whereas it would be 50% in view of the matter of Smt. Sarla Verma (supra). 9. Taking into consideration the above-stated facts and the law laid down in the case of Smt. Sarla Verma (supra) with regard to dependency, the claimants are held entitled to compensation in the following manner:- Sl. No. Heads Calculation (In rupees) 1. Income of the deceased @ Rs.10,000/- per month Rs.1,20,000/- per annum (as assessed by the Tribunal) 2. 40% towards future prospects added to annual income (Rs.1,20,000/- + Rs.48,000/-) Rs.1,68,000/- (as assessed by the Tribunal) 3. ½ (50%) deduction towards personal and living expenses of the deceased (Rs.1,68,000/- - Rs.84,000/-) Rs.84,000/- 4. Multiplier of 18 applied Rs.84,000/- x 18 = Rs.15,12,000/- 5. Loss of estate Rs.18,000/- 6. Funeral expenses Rs.18,000/- 4 7. Loss of filial consortium to the Claimants Rs.48,000/- Total Compensation Rs.15,96,000/- Thus, the claimants are awarded Rs.15,96,000/- instead of Rs.21,00,000/- as awarded by the learned Claims Tribunal. 10. For the foregoing reasons, the appeal is allowed in part. The amount of compensation of Rs.21,00,000/- awarded by the learned Tribunal is reduced to Rs.15,96,000/-. The amount of compensation shall carry interest @ 7% per annum from the date of application till its realization as awarded by the learned Tribunal. The award is modified to the above extent. The rest of the conditions of the award shall remain intact. 11. No order as to costs. Sd/- (Rakesh Mohan Pandey) Judge vatti