1 2026:CGHC:20561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 660 of 2022 Kapil Goldar S/o Late Kumaresh Goldar Aged About 27 Years R/o P.V. 34 Prem Nagar, P.S. And Tahsil Pakhanjoor, District North Bastar Kanker Chhattisgarh. ... Appellant versus 1 - Ramesh Komra S/o Savduram Komra Aged About 24 Years R/o Village Pachangi, P.S. Badgaon, Tahsil Durgukondal, District North Bastar Kanker Chhattisgarh. (Driver) 2 - Raju Vishwas S/o Sushant Vishwas Aged About 30 Years R/o P.V. 122, P.S. And Tahsil Pakhanjoor District North Bastar Kanker Chhattisgarh. (Owner) 3 - Smt. Mayna Goldar Wd/o Late Kumaresh Goldar Aged About 36 Years R/o P.V. 34 Prem Nagar, P.S. And Tahsil Pakhanjoor District North Bastar Kanker Chhattisgarh. 4 - Devkumar Goldar S/o Late Kumaresh Goldar Aged About 14 Years Minor Through Smt. Mayna Goldar (Res. No. 3). R/o P.V. 34 Prem Nagar, P.S. And Tahsil Pakhanjoor District North Bastar Kanker Chhattisgarh. 5 - Rajkumar Goldar S/o Late Kumaresh Goldar Aged About 11 Years Minor Through Smt. Mayna Goldar (Res. No. 3). R/o P.V. 34 Prem Nagar, P.S. And Tahsil Pakhanjoor District North Bastar Kanker Chhattisgarh. ... Respondent(s) For Appellant : Mr. Pravin Kumar Tulsyan, Advocate For Respondent(s) : None Hon'ble Shri Justice Sachin Singh Rajput, Order on Board 01/05/2026 2 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, “MV Act”) has been preferred by the appellant/claimant, being aggrieved by the award dated 06.01.2022 passed by the Court of learned Additional Motor Accident Claims Tribunal, Bhanupratappur, District Uttar Bastar- Kanker (C.G.) (for short, “the learned Tribunal”) in Claim Case No. 02/2021. 2. Four claimants namely, Smt. Mayna Goldar, Kapil Goldar, Devkumar Goldar (minor) and Rajkumar Goldar (minor) have filed an application under Section 166 of the Motor Vehicle Act, 1988 (for short, “MV Act”) before the Additional Motor Accident Claims Tribunal, Bhanupratappur, District Uttar Bastar- Kanker (C.G.) which was registered as Claim Case No. 02/2021. In this claim application, the above stated claimants sought compensation of Rs. 30,25,000/- on account of death of Kumaresh Goldar in an accident that occurred on 08.01.2020 by rash and negligent driving of the offending vehicle unnumbered Discover Motorcycle driven by respondent no. 1 and owned by respondent no. 2. As per further pleading, deceased was aged about 55 years and had agricultural income and also was working as a mason earning Rs. 15,000/- per month. Claimant Smt. Mayna Goldar is wife and rest of the claimants are children of the deceased. 3. The claim application was resisted by respondent no. 1/Ramesh Komra and respondent no. 2/ Raju Biswas remained ex-parte before the Claims Tribunal. Issues have been framed by the 3 learned Claims Tribunal and after recording the evidence of the respective parties, vide award dated 06.01.2022 granted compensation of Rs. 5,32,000/- in favour of the claimants. The award dated 06.01.2022 does not appear to have been challenged by Smt. Mayna Goldar, Devkumar Goldar (minor) and Rajkumar Goldar (minor) and it is challenged by Kapil Goldar arraying rest of the claimants as respondents. 4. Learned counsel for the appellant submits that the income of the deceased was found to be on lower side, just compensation has not been awarded. He further submits that future prospects has also not been awarded, therefore, suitable compensation be made in favour of appellant as well as respondent no. 3-5. None appeared on behalf of respondents as per office report, they are served. 5. Heard learned counsel for the appellant and perused the record with utmost circumspection. 6. The deceased was a resident of village- P.V.-34, Premnagar, Thana and Tehsil- Pakhanjur, District- Uttar Bastar, Kanker which is a remote and tribal area of the State. In absence of any evidence, the Tribunal found the monthly income of the deceased to be Rs. 6000/-. Appellant is a major son and is in a position to earn and survive himself. There were three other dependents upon the income of the deceased, therefore, looking to peculiar facts and circumstances of this case, residence of the deceased, 4 this Court is inclined to assess the monthly income of the deceased Rs. 7,000/-. The deceased was found to be between 55-60 years, thus, 10% future prospect is added. 7. It is settled principle of law that just compensation has to be awarded. Compensation need not be a meagre amount of compensation nor a bonanza. Thus, in light of the above and taking guidance from the judgment of Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi and others; (2017) 16 SCC 680, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors; (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors; (2018) 18 SCC 130, this Court is recomputing the compensation as below:- S.No. Particulars Awarded by this Court 1. Monthly income of the deceased Rs. 7000/- 2. Future prospects @ 10% Rs. 7000 x 10% = Rs. 700/- 3. Enhanced monthly income Rs. 7700/- 4. Annual income Rs. 7700 x 12 = Rs. 92,400/- 5. Personal expenditure (1/3) Rs. 30,800/- 6. Net income Rs. 61,600/- 7. Multiplier of 9 applied to assess total loss of dependency Rs. 61,600 x 9 = Rs. 5,54,400/- 8. Funeral expenses Rs. 15,000/- 9. Loss of estate Rs. 15,000/- 10. Spousal loss of consortium to Rs. 40,000/- 5 respondent no. 3/ Smt. Mayna Goldar 11. Parental loss of consortium to appellant and respondent no. 4 (Devkumar Goldar) and 5 (Rajkumar Goldar) Rs. 40,000 x 3 = Rs. 1,20,000/- 12. Total compensation Rs. 7,44,400/- 8. For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs. 5,32,000/- awarded by the Tribunal is enhanced to Rs. 7,44,400/-. Hence, after deducting the amount of Rs. 5,32,000/-, the appellant and respondent no. 3-5 are held entitled for an additional amount of Rs. 2,12,400/-. The additional amount shall carry interest @6% per anuum from the date of appeal 22.05.2022. The impugned award stands modified to the above extent. SD/- (Sachin Singh Rajput) JUDGE Madhurima