1 CGHC010117812023 2026:CGHC:28226 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 563 of 2023 1 - The National Insurance Company Ltd. Through Divisional Manager, 1st Floor, Aggarwal Chamber, Vyapar Vihar Road Bilaspur, Police Station City Kotwali, Tehsil And District Bilaspur Chhattisgarh ……...Insurer Of Vehicle Magic Number M.P. 50 L A 2073 ... Appellant versus 1 - Ramkumar Dhruv S/o Late Shri Dilharan Dhruv Aged About 45 Years R/o Village Ajaypur, P.O. Nevra, Police Station Kota, Tehsil Takhatpur, District Bilaspur Chhattisgarh 2 - Shivkumar Dhruv W/o Shri Ramkumar Dhruv Aged About 41 Years R/o Village Ajaypur, P.O. Nevra, Police Station Kota, Tehsil Takhatpur, District Bilaspur Chhattisgarh 3 - Deepa Dhruv S/o Shri Ramkumar Dhruv Aged About 19 Years R/o Village Ajaypur, P.O. Nevra, Police Station Kota, Tehsil Takhatpur, District Bilaspur Chhattisgarh 4 - Veeru Kumar Dhruv S/o Shri Ramkumar Dhruv Aged About 15 Years Minor And Represented Through Natural Guardian And Father Shri Ramkumar Dhruv (Respondent No. 1), S/o Late Shri Dilharan Dhruv Age 45 Years R/o Village Ajaypur, P.O. Nevra, Police Station Kota, Tehsil Takhatpur, District Bilaspur Chhattisgarh BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.13 14:57:54 +0530 2 5 - Sonam D/o Shri Ramkumar Dhruv Aged About 13 Years Minor And Represented Through Natural Guardian And Father Shri Ramkumar Dhruv (Respondent No. 1), S/o Late Shri Dilharan Dhruv Age 45 Years R/o Village Ajaypur, P.O. Nevra, Police Station Kota, Tehsil Takhatpur, District Bilaspur Chhattisgarh 6 - Arjun Lal Basena S/o Shri Heera Lal Basena, R/o Ward No. 04, Kosmi Balaghat, Police Station Nayegaon, Tehsil And District Balaghat Madhya Pradesh (Driver Of Vehicle Magic Number M.P. 50 L A 2073) 7 - Satguru Chunagriha Udyog Balaghat Prop.Bhikchandra Tejwani, R/o Ward No. 30, Sarekha Balaghat, District Balaghat Madhya Pradesh (Owner Of Vehicle Magic No. M.P. 50 L A 2073) ... Respondent(s) For Appellant : Mr. R. N. Pusty, Advocate, with Mr. Akash Shrivastava, Advocate For Respondents 1 to 5 : Mr. A. L. Singroul, Advocate For Respondents 6 & 7 : None Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 08 / 07 / 2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the appellant/Insurance Company assailing the award dated 28.02.2023 passed by the 5th Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur (CG) in Motor Accident Claim Case No.451/2022, whereby the Tribunal awarded a total compensation of Rs.19,85,936/- along with interest @ 9% per annum from the date of application till its realization, in favour of the claimants/respondents No.1 to 5, on account of the death of Deepchand Dhruv in a motor vehicle accident. 3 2. The brief facts as pleaded before the Tribunal are that on 02.02.2022 at about 3:45 PM, deceased Deepchand Dhruv along with his friend Arvind Kumar Shyam was returning from village Bansajhal Dhundhi Dai Mandir to his house at village Ajaipur. At that time, the offending vehicle Mahindra Magic bearing No. MP-50 LA-2073 was coming from Kota side which was being driven by respondent No.1 in a rash and negligent manner. When Deepchand Dhruv and his friend reached near village Dhuma Shantipur, Kota-Lormi Main Road, without giving any indicator or horn, respondent No.1 suddenly took the vehicle from left to right and caused a forceful collision with the motorcycle, as a result of which, Deepchand Dhruv died at the spot. On the basis of the said incident, Crime No. 52/2022 was registered at Outpost Junapara, Police Station Takhatpur, District Bilaspur (C.G.) against respondent No.1. 3. It was pleaded that the deceased was 21 years of age, unmarried and was earning Rs. 20,000/- per month by running his own milk business. The family of the deceased was dependent on his income. Due to the casual death of Deepchand Dhruv, there is an irreparable loss to the the claimants who are the parents and siblings of the deceased. Accordingly, the claimants preferred an application before the Tribunal claiming total compensation of Rs. 53,36,000/- under various heads. 4. The Tribunal, taking into consideration the age of the deceased, his occupation and the year of accident i.e. 2022, assessed the monthly income of the deceased at Rs. 8710/-. Treating the deceased aged about 21 years, 40% was added towards future prospects and 1/3rd of the income was deducted towards personal expenses. Applying 4 multiplier of 18, loss of dependency was worked out at Rs.17,55,936/-. In addition, Rs.15,000/- each was awarded towards loss of estate and funeral expenses and Rs.40,000/- to each of the claimants (total 2,00,000) towards filial consortium and love and affection, making total compensation of Rs.19,85,936/- with 9% interest from date of application till its realization. Hence, this appeal has been filed by the Insurance Company questioning the quantum of the award. 5. Learned counsel for the appellant–Insurance Company submits that the Tribunal erred in deducting 1/3rd of the deceased's income towards personal expenses. It is contended that, since the deceased was a bachelor, it ought to have been one-half of the income. Accordingly, it is submitted that the impugned award requires modification to that extent. 6. Admittedly, the deceased was an unmarried person aged about 21 years at the time of the accident. Therefore, the appropriate deduction towards personal expenses would be one-half of the income, and not one-third, as applied by the Tribunal. Cross-Appeal 7. Cross-objection has also been filed by the claimants/respondents No.1 to 5 for enhancement of the compensation awarded by the Tribunal whereas the contention of the Insurance Company is that excessive compensation has been awarded in favour of the claimants. 8. Now this Court shall examine as to whether the compensation awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the 5 case. 9. In the cross-objection filed by the claimants, it is claimed that at the time of accident, the deceased was earning Rs. 20,000/- per month by running his own milk business, however, the Tribunal has assessed the income of deceased at Rs.8,710 per month considering him worker. The accident occurred on 02.02.2022 and as per the notification by Labour Department, the minimum wages of even an unskilled labour at that point of time was Rs.9280. Hence, the income of the deceased is assessed at Rs. 9280. Accordingly, the annual income comes to Rs.111360. In the light of the judgment of Hon’ble Supreme Court in the case of National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680, the future prospects would be 40% of the income as rightly held by the Tribunal. After adding 40% of the income towards future prospects i.e. Rs.44544, the amount comes to Rs.155904. 10. As held hereinabove, since the deceased was an unmarried person aged about 21 years at the time of the accident, one-half of the income is liable to be deducted towards his personal expenses. After such deduction, the amount comes to 77,952/-. In view of judgment of the Hon’ble ₹ Supreme Court in the case of 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, the multiplier would be 18 as rightly held by the Tribunal. After applying the said multiplier, the total loss of dependency works out to Rs.1403136 (77952 x 18). The claimants are also entitled for Rs.16,500/- towards loss of estate and Rs.16,500/- for funeral expenses. Further in view of the decision of the Hon’ble Supreme Court in 6 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the five claimants are entitled for Rs.44,000/- each totaling Rs.2,20,000/- towards filial consortium and love and affection. Accordingly, the compensation is recomputed as under: Sl. No. Particulars Calculation 1. Monthly income of the deceased 9280 2. Annual income 111360 3. Future prospects (40% of the income) 44544 Total 155904 4. Personal expenses (1/2 of the income) 77952 5. Annual loss of dependency 77952 7. Total loss of dependency (applying multiplier of 18) 77,952 x 18 = 14,03,136 8. Funeral Expenses 16500 9. Loss of estate 16500 10. Filial consortium and love & affection (44,000 to each of the 5 claimants) 220000 Total compensation Rs.16,56,136 11. Thus, the respondents No.1 to 5/claimants are entitled to total compensation of Rs.16,56,136/- instead of Rs.19,85,936/- as awarded by the Tribunal. Accordingly, the impugned award stands modified to the above extent and rest of the conditions shall remain intact. 12. In the result, the appeal of the Insurance company stands allowed and the cross-objection filed by the claimants stands disposed of with the aforesaid modification. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai