1 2026:CGHC:5318 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1727 of 2017 1 - Riyaz Khan S/o Late Niyaz Khan, Aged About 42 Years R/o House No.134 Noor Colony, Milana Road, Muzaffarnagar Naya, Ghanav, District Muzaffarnagar U.P., Uttar Pradesh. 2 - Mumtaz Khan W/o Niyaz Khan, Aged About 40 Years R/o House No.134 Noor Colony, Milana Road, Muzaffarnagar Naya, Ghanav, District Muzaffarnagar U.P. ..............Claimants, District : Muzaffarnagar, Uttar Pradesh. ... Appellant(s) versus 1 - Gurudayal Singh S/o Mehar Singh, R/o Bhilai 3 Dabarapara Near Ratan Hotel, Thana Bhilai, District Durg, Chhattisgarh ...............Non Applicant No.1/ Driver Of Vehicle Truck No. C.G.07 C 6365, Chhattisgarh. 2 - Smt. Rama Sharma W/o Rajesh Sharma, Through Dashmes Road Lines, Transport Nagar, Hathkhoj, Bhilai, District Durg, Chhattisgarh ...............Non Applicant No.2/ Owner Of Vehicle Truck No. C.G.07 C 6365, District : Durg, Chhattisgarh. Digitally signed by SHAYNA KADRI 2 3 - H D F C General Insurance Company Limited, Through Officer In Charge, H D F C General Insurance Company Limited Second Floor Pujari Complex, Pachpedi Naka, Raipur, Chhattisgarh ...............Non Applicant No.3/ Insurer Of Vehicle Truck No. C.G.07 C 6365, District : Raipur, Chhattisgarh ... Respondent(s) For Appellant(s) : Mr. Arvind Shrivastava, Advocate. For Respondent(s) No. 1 & 2 : None. For Respondent No. 3 : Mr. Harshmander Rastogi, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 30/01/2026 1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, against the award dated 29.3.2017 passed by the learned 1st Additional Presiding Officer to the 1st Additional Motor Accident Claims Tribunal, Raipur (C.G.), in Motor Accident Claim Case No. 45/15 whereby an amount of Rs. 5,12,000/- with interest @ 7.5% per annum has been awarded in the favour of the claimants of the deceased for their irreparable loss. 2. Brief facts of the case, is that the accident occurred on 15.01.2011 at about 8:00 A.M. at Sondongari, near Ring Road No. 2, within the jurisdiction of Police Station Aamanaka, District Raipur (C.G.), when Truck No. C.G./07/C/6365, being driven rashly and negligently by Respondent No. 1, hit Motorcycle No. 3 C.G./04/DL/8981, as a result of which the driver of the motorcycle, Amjad Khan, sustained grievous injuries and subsequently succumbed to the same; further, it is submitted that the Learned Tribunal has erred in properly assessing and awarding just and adequate compensation, which deserves to be suitably enhanced, and therefore, the present appeal has been preferred for modification and enhancement of the compensation amount. 3. After considering the evidence and documents brought on record, the tribunal assessed the income of the deceased at Rs. 4,000/- per month i.e. Rs. 48,000/- per annum. After deduction of 1/2 of the income i.e. Rs. 24,000/- for personal expenses, the amount would be Rs. 24,000/- and considering the age of the deceased to be 20 years and the appellants/claimants are the parents of the deceased, the Tribunal applied the multiplier of 18 and calculated the total loss of dependency as Rs. 4,32,000/-. Further Rs. 25,000/- towards funeral expenses, Rs. 5,000/- towards loss of estate and Rs. 50,000/- towards loss of consortium has been awarded. Accordingly, the Claims Tribunal has awarded total compensation of Rs. 5,12,000/- in favour of the parents of the deceased with interest @ 7.5% per annum, from the date of application till its realization. Hence, this appeal for enhancement. 4. Learned counsel for the appellants/claimants submits that the claims Tribunal has awarded a sum of Rs. 5,12,000/- which is not in accordance with law and the same is required to be enhanced in accordance with law. He further submits that the compensation 4 awarded under other heads is also on lower side and needs to be enhanced. Hence, this appeal may be allowed by enhancing the compensation amount suitably. 5. On the other hand, it has argued on behalf of the counsel for respondent No. 3 that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 6. None for respondent Nos. 1 & 2 i.e. driver and owner of the offending vehicle. 7. I have heard learned counsel for the parties and perused the material available on record. 8. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 9. Now this Court shall examine as to whether the compensation of awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 10. The Tribunal keeping in mind the nature of occupation, date of accident, wage structure prevailing on the date of accident and also the evidence available on record, assessed the income of the deceased at Rs. 4,000/- per month which appears to be proper. Hence, accepting the income of the deceased Rs. 4,000/- per 5 month, the annual income comes to Rs. 48,000/- per annum.. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding 40% towards future prospects i.e. Rs. 19,200/-, the annual income comes to Rs. 67,200/-. 11. Considering the fact that the deceased was aged about 20 years and the appellant/claimants are the parents of the deceased so deduction towards personal expenses would be 1/2 (Rs. 33,600/-) of the income and after deduction of the same the annual dependency comes to Rs. 33,600/-. In view of judgment of the Hon’ble Supreme Court in Sarla Verma (Smt.) and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 and National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 and also considering the age of the deceased, after applying multiplier of 18, the total loss of dependency works out to Rs. 6,04,800/-. The claimants are further entitled for Rs. 18,000/- towards loss of estate (increase of 10% in every three years) and Rs. 18,000/- for funeral expenses (increase of 10% in every three years). As per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the claimants are further entitled for Rs. (40,000/-X2+10% +10%) each (with increase of 10% in every three years) i.e. Rs. 96,000/- for consortium. Accordingly, the appellants/claimants i.e. parents of the deceased would become entitled for total compensation of Rs. 7,36,800/- in the following manner:- 6 S.No. Heads Calculation 01 Towards loss of dependency Rs. 6,04,800/- 02 Towards consortium along with with increase of 10% in every three years (40,000X2+10% +10%). Rs. 96,000/- 03 Towards loss of estate along with increase of 10% in every three years. Rs. 18,000/- 04 Towards Funeral Expenses along with increase of 10% in every three years. Rs. 18,000/- Total Rs. 7,36,800/- 12. Thus, the total compensation is recomputed as Rs. 7,36,800/-. After deducting Rs. 5,12,000/- as awarded by the tribunal, the enhancement would be Rs. 2,24,800/-. 13. In the result, the appeal is partly allowed. The claimants/appellants i.e. parents of the deceased shall be entitled for the enhanced amount of Rs. 2,24,800/- in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. Sd/- (Amitendra Kishore Prasad) Judge Shayna