1 CGHC010031212023 2026:CGHC:28938 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 179 of 2023 1 - Smt. Aarti W/o Late Uday Gond Aged About 24 Years R/o Village - Chorbhaththi Khurd, Thana - Sakri, Tahsil - Takhatpur And District - Bilaspur (C.G.) 2 - Ujjwal Raj Maravi S/o Late Uday Gond Aged About 1 Years Minor Through Legal Guardian Mother Smt. Aarti, Appellant No. 1, R/o Village - Chorbhaththi Khurd, Thana - Sakri, Tahsil - Takhatpur And District - Bilaspur (C.G.) 3 - Smt. Brihspati Gond W/o Late Sukhilal Gond Aged About 59 Years R/o Village - Chorbhaththi Khurd, Thana - Sakri, Tahsil - Takhatpur And District - Bilaspur (C.G.) ... Appellants versus 1 - Sanjay Bhardwaj S/o Puriram Bhardwaj Aged About 32 Years R/o Village - Sendari Thana - Koni, Tahsil And District - Bilaspur (C.G.) (Driver Of The Offending Vehicle Truck No. C.G. 10/AP/7503) (Driver) 2 - Vijay Kumar Diwakar S/o Sukhiram Diwakar Aged About 22 Years R/o Village Nagpura, Thana - Sargaon District - Mungeli (C.G.) (Owner Of The Offending Vehicle Truck No. C.G. 10/AP/7503) (Owner) 3 - The Oriental Insurance Company Limited Branch Office, Rama Trade Center 1st Floor Old Bus Stand In Front Of Rajeev Plaza, Thana - Civil Line, Tahsil And District - Bilaspur (C.G.) BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.14 12:22:25 +0530 2 (Insurer Of The Offending Vehicle Truck No. C.G. 10/AP/7503) (Insurer) ... Respondent(s) For Appellants : Mr. A. L. Singroul, Advocate For Respondent No.3 : Mr. Azad Siddiqui, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 10 / 07 / 2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the claimants/appellants assailing the award dated 06.07.2022 passed by the 4th Additional Motor Accident Claims Tribunal, Bilaspur (CG) in Claim Case No.873/2021, whereby the Tribunal has awarded a total compensation of Rs.16,11,624/- along with interest @ 8% per annum from the date of application till its realization, in favour of the appellants/claimants, on account of the death of Uday Gond in a motor vehicle accident. 2. The brief facts as pleaded before the Tribunal are that on 24.06.2020, the deceased Uday Godn was going from Chorbhatthi Khurd to Usalapur on his Motorcycle No. CG- 10/P/5071. At about 5:00 PM, when the deceased reached near Shisal Farm on Chorbhatthi Khurd Main Road, the offending Truck bearing Registration No. CG-10/AP/7503, driven by respondent No. 1, came from the opposite direction in a rash and negligent manner and collided with the deceased, who was proceeding slowly on the correct side of the road. As a result, the deceased sustained grievous injuries to his head, chest, hands and legs and due to excessive bleeding, he died at the spot. In respect of 3 the said accident, Crime No. 162/2020 under Section 304- A IPC was registered at Police Station Sakri, District Bilaspur against the driver of the offending vehicle, Respondent No.1. 3. The claimants pleaded that, at the time of accident, the deceased Uday Gond was aged about 30 years, he was working as a mason and used to earn Rs. 500/- per day. Due to the sudden death of the deceased in the said accident, the claimants who are the wife, son and mother of the deceased have become destitute and are facing financial hardship. Hence, the claimants instituted a claim petition before the learned Motor Accident Claims Tribunal seeking compensation of Rs.45,00,000/- under various heads. 4. Upon appreciation of the oral and documentary evidence adduced by the parties, the Tribunal recorded a finding that the claimants have failed to produce any cogent and reliable evidence to establish that at the time of accident the deceased was earning Rs.500/- per day by working as a mason. Hence, the Tribunal assessed the notional monthly income of the deceased at Rs.8060/-. Considering the age of the deceased to be approximately 30 years, an addition of 40% towards future prospects was made. Deducting one- third of the assessed income towards the personal expenses of the deceased, having regard to the number of dependants, and applying the multiplier of 17, the Tribunal computed the loss of dependency at Rs.15,34,624/-. In addition thereto, a sum of Rs.16,500/- each was awarded towards loss of estate and funeral expenses, and a further sum of Rs.44,000/- was granted towards spousal/parental/filial consortium. Thus, the Tribunal awarded a total compensation of Rs.16,11,624/- together with interest at the rate of 8% per annum from the date of 4 filing of the claim petition until its realization. Aggrieved by the quantum of compensation so awarded, the present appeal has been preferred by the claimants seeking enhancement thereof. 5. Learned counsel appearing for the appellants/claimants submits that the Tribunal has committed a manifest error in assessing the monthly income of the deceased at Rs.8,060/-, which, according to him, is even lower than the minimum wages payable to an unskilled labourer at the relevant time. Hence, the income so assessed is requires suitable enhancement. It is further submitted that the compensation awarded under the conventional heads is also inadequate and deserves to be enhanced in accordance with the principles laid down by the Hon'ble Supreme Court. On these grounds, it is prayed that the impugned award be modified by enhancing the compensation. 6. On the other hand, learned counsel appearing for respondent No.3 – insurance company, opposes the submission made by the counsel for appellants and submits that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 7. Heard learned counsel for the parties at length and perused the entire record with due care. 8. Though it was claimed that at the time of accident the deceased was working as a mason and used to earn Rs. 500/- per day i.e. Rs.15,000 per month, no documentary evidence in this regard has been brought on record. The accident occurred on 24.06.2020 and the minimum wages of even an unskilled labour at that time was Rs.8860. Accordingly, the monthly income of the deceased is 5 reassessed at Rs.8,860/-, resulting in an annual income of Rs.106320/-. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680, an addition of 40% towards future prospects is required to be made, as has been rightly held by the Tribunal. Thus, the amount comes to Rs.148840 (106320 + 42528). 9. The deceased was approximately 30 years of age at the time of the accident. There are three claimants, i.e. the wife, one son and mother of the deceased. Therefore, one-third of the annual income, i.e., Rs.49616, is liable to be deducted towards the personal expenses. After such deduction, the amount comes to Rs.99232/-. 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 Pranay Sethi (supra), by applying multiplier of 17, the total loss of dependency works out to Rs.1686944/- (99232 × 17). So far as the compensation under the conventional heads is concerned, in view of the decisions of the Hon'ble Supreme Court in Magma General Insurance Co. Ltd. v. Nanu Ram, (2018) 18 SCC 130 and United India Insurance Co. Ltd. v. Satinder Kaur, (2021) 11 SCC 780, the claimants are entitled to Rs.16,500/- each towards loss of estate and funeral expenses. Further, each of the three claimants, being the wife, son and mother of the deceased, is entitled to spousal/parental/filial consortium at the rate of Rs.44,000/- each, aggregating to Rs.132000/-. Accordingly, the compensation payable to the claimants is recomputed as under: Sl. No. Particulars Calculation 1. Total loss of dependency (applying multiplier of 17) 99232 x 17 1686944 6 2. Funeral Expenses 16500 3. Loss of estate 16500 4. Spousal/parental/filial consortium (44,000 to each of the 6 claimants) 132000 Total compensation Rs.18,51,944 10. Thus, the appellants/claimants are entitled to total compensation of Rs.18,51,944/- instead of Rs.16,11,624/- as awarded by the Tribunal. 11. In the result, the appeal is partly allowed. The appellants/claimants shall be entitled for the enhanced compensation of Rs.2,40,320/- ( 18,51,944 - 16,11,624) in addition to what is already awarded by the claims Tribunal. The enhanced amount shall also carry interest @ 6% per annum from the date of filing of claim petition till its realization. Accordingly, the impugned award stands modified to the above extent and rest of the conditions shall remain intact. 12. The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Claims Tribunal. The said communication be made in Hindi (Deonagri) language and the help of paralegal workers may be availed with a co- ordination of Secretary, Legal Aid of the concerned area wherein the claimants reside. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai