1 MAC No. 301 of 2022 2025:CGHC:39937 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 301 of 2022 1. Smt. Champa Vishwas Wd/o Late Subhash Vishwas, Aged About 48 Years; 2. Ku. Suman Vishwas D/o Late Subhash Vishwas, Aged About 23 Years; Both are residence at Police Line, House No. B-4/20, Jagdalpur District Bastar Chhattisgarh. ... Appellants/Claimants versus 1. Jayprakash Mishra S/o Lt. Raghuraj Mishra, Director- Bharat Travels Bus Services, R/o Pratapganjpara, Jagdalpur, District Bastar (Chhattisgarh)...........(Owner of the vehicle) 2. The New India Assurance Co. Ltd. through Branch Manager Branch Office - Aakashvani Road, Jagdalpur, District Bastar (Chhattisgarh)............(Insurer). ... Respondents For Appellants :- Mr. Vikas Patel, Advocate. For Respondent No.2 :- Mr. Dashrath Gupta, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 08.08.2025 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 ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.14 18:00:51 +0530 2 MAC No. 301 of 2022 compensation, challenging the impugned award dated 17.09.2021 passed by the Motor Accident Claims Tribunal, Bastar at Jagdalpur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No.13/2020, whereby learned Claims Tribunal has awarded a total sum of ₹48,44,191/- as compensation along with interest for death of Subhash Vishwas who was a Head Constable, aged about 51 years at the time of incident. Against the said order of the Claims Tribunal the instant appeal has been preferred by the claimants/appellants herein who are the wife and daughter of the deceased. 2. Mr. Vikas Patel, learned counsel for the appellants, would submit that though the Claims Tribunal has accepted the monthly income of deceased Subhash Vishwas to be ₹52,251/-, but deducted the amount payable towards travel allowance, medical allowance and Naxuali allowance. He would further submit that the said deductions have wrongly been done by the Claims Tribunal and, therefore, the monthly income of the deceased should be taken as ₹52,251/- and on the basis of which the compensation is liable to be enhanced. He would further submit that under 3 MAC No. 301 of 2022 heads of funeral expenses; estate and consortium, the amount is also liable to be enhanced. 3. Mr. Dashrath Gupta, learned counsel for respondent No.2, would oppose the prayer made by learned counsel for the appellants and support the impugned award. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. In my considered opinion, the aforesaid allowances should not be deducted from the monthly income of the deceased which was being paid to him and accordingly, the monthly income of the deceased would be ₹52,251/- and on that basis the compensation amount awarded by the Claims Tribunal to the claimants/appellants is liable to be enhanced. Thus, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹ 49,361 x 12 = ₹ 5,92,332/- ₹ 52,251 x 12 = ₹06,27,012/- 2. Yearly income after deduction of Income tax ₹5,61,366/- ₹06,07,012/- 4 MAC No. 301 of 2022 2. Future Prospect (+) 15% i.e. ₹ 84,205/-; total yearly income ₹5,61,366 + 84,205 = ₹06,45,571/- (+) 15% i.e. ₹91,052/-; total income = ₹607,012 + 91,052 = ₹6,98,064/- 3. Deduction (-) 1/3 = ₹ 2,15,190/- ₹ 06,45,571 - 2,15,190 = ₹ 4,30,381/- (total income) (-) 1/3 = ₹2,32,688/- ₹6,98,064-2,32,688 = ₹4,65,376/- (total income) 4. Multiplier (x) 11 = ₹ 47,34,191/- (x) 11 = ₹ 51,19,136/- 5. Loss of Estate ₹ 15,000/- ₹, 18,000/- 6. Funeral Expenses ₹ 15,000/- ₹ 18,000/- 7. Loss of Consortium ₹ 40,00 x 2 = ₹80,000/- ₹44,000 x 2 = ₹ 88,000/- Total ₹ 48,44,191/- ₹ 52,43,136/- 6. In view of the aforesaid analysis, the amount of compensation of ₹48,44,191/- awarded by the Claims Tribunal is enhanced to ₹52,43,136/-. Hence, after deducting the amount of ₹48,44,191/-, the appellants are held entitled for an additional amount of ₹3,98,945/-. The concerned respondents is directed to deposit the amount of compensation as enhanced by this Court within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest 5 MAC No. 301 of 2022 @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 14.01.2020 till its realization. Rest of the conditions of the impugned award shall remain intact. 7. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit