1 2026:CGHC:14156 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1438 of 2023 1. Smt. Jayanti Korram Wd/o Late Lachhan Korram Aged About 40 Years R/o House No. 99, Patelpara, Mandlapal, Post Mandlapal, District Bastar (C.G.). 2. Dhanurjay Korram S/o Late Lachhan Korram Aged About 17 Years Minor Through Claimant No. 1 Smt. Jayanti Korram (Mother) R/o House No. 99, Patelpara, Mandlapal, Post Mandlapal, District Bastar (C.G.). 3. Ku. Nuparti Korram D/o Late Lachhan Korram Aged About 13 Years Minor Through Claimant No. 1 Smt. Jayanti Korram (Mother) R/o House No. 99, Patelpara, Mandlapal, Post Mandlapal, District Bastar (C.G.). 4. Ku. Hembati Korram D/o Late Lachhan Korram Aged About 9 Years Minor Through Claimant No. 1 Smt. Jayanti Korram (Mother) R/o House No. 99, Patelpara, Mandlapal, Post Mandlapal, District Bastar (C.G.). 5. Beljam Korram S/o Late Lachhan Korram Aged About 6 Years Minor Through Claimant No. 1 Smt. Jayanti Korram (Mother) R/o House No. 99, Patelpara, Mandlapal, Post Mandlapal, District Bastar (C.G.). 6. Bhoomika Korram D/o Late Lachhan Korram Aged About 3 Years Minor Through Claimant No. 1 Smt. Jayanti Korram (Mother) R/o House No. 99, Patelpara, Mandlapal, Post Mandlapal, District Bastar (C.G.). 7. Sukhdev Korram S/o Late Nohru Korram Aged About 61 Years R/o House No. 99, Patelpara, Mandlapal, Post Mandlapal, District Bastar (C.G.). ... Appellants/Claimants versus 1. Moolchand Baghel S/o Kurso R/o Patelpara, Village Bakel, P.S. Bhanpuri, District Bastar (C.G.) (Owner & Driver). 2. The Iffco Tokio General Insurance Company Limited Through Branch Manager, Branch Office- Shop No. 205, 2nd Floor, Mm Silver Plaza, Mahaveer Nagar, Ring Road No. 1, Raipur, District Raipur (C.G.) (Insurance Co.). 2 ... Respondents (Cause title taken from Case Information System) For Appellants : Mr. Pravin Kumar Tulsyan, Advocate. For Respondent No.2 : Mr. Pravesh Sahu, Advocate. Hon’ble Shri Justice Sachin Singh Rajput Order on Board dated 24/03/2026 This appeal arises out of the award dated 29.04.2023 passed by First Additional Motor Accident Claims Tribunal (for short the "Tribunal") Jagdalpur, District Bastar (C.G.) in Claim Case No. 119/2021 awarding a compensation of Rs. 18,53,000/- in favour of the appellants/claimants. 2. Facts of the case in brief are that on 11.11.2020 at about 6 AM when deceased Lacchan Korram was going to his home Mandlapal from Aamabal on his motorcycle, near Markandi River Bridge’s Turn, the offending vehicle – motorcycle bearing registration No. CG-17-KT 6149 owned and driven by respondent No.1 rashly and negligently came and hit the motorcycle. In the said accident the victim suffered injuries on various parts of his body and succumbed to the same during the course of treatment. Criminal case was registered against the driver of the offending vehicle and after investigation charge sheet was also filed. 3. With aforesaid facts, a claim petition was filed by the appellants/claimants praying for compensation of Rs. 31,48,000/- on various heads. Pleadings of the claimants have, however, been denied by the respondents. 4. After evaluating the evidence available on record, the Tribunal awarded Rs. 18,53,000/- to the appellant/claimants as compensation as a whole and it is this award which is under challenge in this appeal. 5. Counsel for the appellants submits that the assessment of the income of the deceased is on the lower side and needs enhancement. He submits that though the deceased being a mason and farmer was earning Rs. 15,000/- per month, the Tribunal has taken it at Rs. 9,000/- and thus committed an illegality in so doing. 3 Same, according to him, is the position with the amount awarded on other heads also, and being so the compensation awarded is required to be enhanced. 6. On the other hand, counsel for the respondent No.3 has supported the award impugned and submitted that the accident occurred on account of the negligence of the rider of the motorcycle himself and therefore the claimants are not entitled for any enhancement in the awarded sum. 7. Heard counsel for the parties and perused the documents on record. 8. From the pleadings of the respective parties and the overall evidence on record it is clear that the accident occurred with the offending vehicle which was insured with respondent No.3 and was being driven by respondent No. 1. From the pleadings it is apparent that the deceased at the relevant time was aged about 45 years and was working as a mason. Learned Tribunal took the monthly income of the deceased at Rs. 9,000/- which in the considered opinion of this Court appears to be inappropriate. Since the deceased was a mason by profession, monthly income of the deceased is taken at Rs. 10,500/- and annual at Rs. 1,26,000/-. 9. In the light of the judgments of the Hon’ble Supreme Court rendered in the matters of National Insurance Company Ltd. v. Pranay Sethi, (2017) 16 SCC 680, Sarla Verma and others v. Delhi Transport Corporation and others, (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and others, (2018) 18 SCC 130, this Court recomputes the compensation in the following manner:- Serial No. Particulars Amount(Rs.) 1 Annual Income 1,26,000 2 Income with Future Prospects (Rs.1,26,000 x 25% Future Prospects = Rs.31,500; 1,26,000 + 31,500 = 1,57,500 1,57,500 3 Income after Deduction towards Personal Expenses of the Deceased (Rs.1,57,500 / 5 = Rs.31,500; 1,57,500 – 31,500 = Rs.1,26,000) 1,26,000 4 4 Loss of Dependency after application of Multiplier (Rs.1,26,000 x 14 = Rs.17,64,000) 17,64,000 5 Funeral Expenses 16,500 6 Loss of Estate 16,500 7 Consortium to wife 44,000 8 Filial and Parental Consortium (Rs.40,000 x 6 = Rs.2,40,000) 2,40,000 Total Compensation = 20,81,000 (-) Compensation Awarded by the Claims Tribunal = 18,53,000 Enhancement in Compensation = 2,28,000 10. In view of the aforesaid analysis, the appellants/claimants are held to be entitled to an additional amount of compensation of Rs.2,28,000. The enhanced amount of compensation shall carry simple interest @ 6% per annum from the date of filing of the instant appeal till realisation of the enhanced compensation. Respondent No.3/insurance company is directed to deposit the amount of compensation as enhanced by this Court within a period of 60 days from the date of receipt of a copy of this order. On said amount being deposited, learned Tribunal shall pass an appropriate order for apportionment, investment and disbursement. 11. Accordingly, the appeal is allowed in part and the impugned award is modified to the extent shown above. Sd/- (Sachin Singh Rajput) Judge Jyotishi AVANISH JYOTISHI Digitally signed by AVANISH JYOTISHI Date: 2026.04.06 10:47:14 +0530