1 CGHC010002652022 2026:CGHC:28632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 32 of 2022 1 - Smt. Kamla Bai W/o Late Rijhan Aged About 35 Years R/o Vilalge Podi (Mahuwaripara) P.S. Bhatgaon, Tahsil Bhaiyathan, District Surajpur Chhattisgarh. 2 - Gopal S/o Late Rijhan Aged About 18 Years R/o Village Podi (Mahuwaripara), P.S. Bhatagaon, Tahsil Bhaiyathan, District Surajpur Chhattisgarh. 3 - Kaushilya D/o Late Rijhan Aged About 16 Years Minor, Through Natural Guardian Mother Appellant No. 1 Smt. Kamla Bai, Wife Of Late Rijhan, R/o Village Podi (Mahuwaripara), P.S. Bhatagaon, Tahsil Bhaiyathan, District Surajpur Chhattisgarh. 4 - Kumari Pooja D/o Late Rijhan Aged About 14 Years Minor, Through Natural Guardian Mother Appellant No. 1 Smt. Kamla Bai, Wife Of Late Rijhan, R/o Village Podi (Mahuwaripara), P.S. Bhatagaon, Tahsil Bhaiyathan, District Surajpur Chhattisgarh. 5 - Kumari Laxmi D/o Late Rijhan Aged About 12 Years Minor, Through Natural Guardian Mother Appellant No. 1 Smt. Kamla Bai, Wife Of Late Rijhan, R/o Village Podi (Mahuwaripara), P.S. Bhatagaon, Tahsil Bhaiyathan, District Surajpur Chhattisgarh. ... Appellants versus 1 - Brijbhushan S/o Prabhunath Singh Aged About 46 Years R/o Mig 2/17, Pt Ravishankar Shukla Nagar, Korba, P.S. And District Korba Chhattisgarh. (Driver And Owner Of The Offending Vehicle Swept No. C.G.-12a-M-5826). ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.07.13 11:44:29 +0530 2 2 - Divisional Manager, United India Insurance Company Ltd. Division Office Bramh Road, Ambikapur, P.S. And Tahsil Ambikapur, District Sarguja Chhattisgarh (Insurer Of The Offending Vehicle Swept No. C.G. -12-A-M-5826) ... Respondent For Appellants : Mr. Pushpendra Kumar Patel, Advocate For Respondent No.2 : Mr. Pravesh Sahu, Advocate appears on behalf of Mr. P.R. Patankar, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 09 / 07 / 2026 1. This appeal arises out of the award dated 28.09.2021 passed by First Additional Motor Accident Claims Tribunal, Surajpur (C.G.), in M.A.C.C. No.44/2021 awarding compensation of Rs.12,04,000/- with interest @ 8% per annum, from the date of application till its realization, in favour of the appellant/claimants for their irreparable loss. 2. In brief, the case of the claimants is that on 17.11.2020 at about 8:00 A.M., the deceased, Rijhan, was proceeding on his motorcycle bearing Registration No. CG-29-AC-6214 towards Durti Basti when respondent No.1, while driving the offending vehicle bearing Registration No. CG-12-AM-5826 in a rash and negligent manner, dashed against his motorcycle near the house of Sanjay Gupta. As a result of the accident, the deceased sustained grievous injuries and was taken to Mission Hospital, Ambikapur, where he succumbed to his injuries. It is further pleaded that the deceased was earning Rs.24,000/- per month as a contractor and Rs.6,000/- per month from agriculture. Alleging that the accident occurred due to the rash and negligent driving of respondent No.1, the claimants filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.47,10,000/-. 3 3. It was claimed that at the time of incident, the deceased was aged about 37 years and was earning Rs.24,000/- from manson (Rajmistri) and Rs.6,000 from agriculture work. Due to the casual death of the deceased, there is an irreparable loss to the appellant/claimants who are the wife and children of the deceased. Therefore, the claimants preferred an application before the Tribunal claiming total compensation of Rs. 47,10,000/-. 4. Learned Tribunal, after considering the evidence and documents brought on record, assessed the income of the deceased to be Rs. Rs.6000/- per month i.e. on 72,000/- per annum, though no documentary evidence was brought on record regarding his income and after adding 40% future prospect, annual income of the deceased comes to Rs.1,00,800/-. Taking into account the number of claimants, 1/4th of the income was deducted towards personal expenses. Considering the age of the deceased to be 37 years at the time of incident, multiplier of 15 was applied and the total loss of dependency worked out to Rs.11,34,000/-. Apart from this, Rs.70,000/- has been given under other heads. Accordingly, the Tribunal has awarded total compensation of Rs.12,04000/- in favour of the claimants with interest @ 8% per annum, from the date of application till its realization. Hence, this appeal is for enhancement. 5. Learned counsel for the appellants submits that the income assessed by the Tribunal as Rs.6000/- per month is much less than even the minimum wages of an unskilled labour at that time and therefore, it needs to be enhanced suitably. He submits that the compensation given under other heads also needs to be enhanced suitably. 6. On the other hand, learned counsel appearing for the respondent No. 2 opposes the submission made by the counsel for appellants and submits that in the facts and circumstances of case, the 4 compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 7. Heard learned counsel for the parties and perused the 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 awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 10. Though it was claimed that at the time of accident the deceased was earning Rs.30,000/- per month from labour and agriculture work, but no documentary evidence regarding his income has been brought on record. The accident occurred on 17/11/2020 and the minimum wages of even an unskilled labour at that point of time was 6000/-. Hence, the income of the deceased is assessed at Rs. 8,960/- per month as minimum wages at that time instead of Rs.6000 as held by the Tribunal. Accordingly, the annual income comes to Rs.1,07,520/-. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680, the future prospects would be 40% of the income. After adding 40% towards future prospect i.e. Rs. 43,008/- the amount comes to Rs.1,50,528/-. 11. There are five claimants, namely, the wife and children of the deceased. Therefore, the deduction towards the personal and living expenses of the deceased shall be one-fourth (1/4th) of his income i.e., 37,632/-. Accordingly, after deducting one-fourth towards personal expenses, the annual contribution to the family comes to Rs.1,12,896/-. In view of the judgments of the Hon'ble Supreme 5 Court in Sarla Verma (Smt.) & Others v. Delhi Transport Corporation & Another, reported in (2009) 6 SCC 121, and National Insurance Co. Ltd. v. Pranay Sethi & Others, and considering that the deceased was 37 years of age at the time of the accident, the appropriate multiplier would be 15, as rightly applied by the Tribunal. Applying the said multiplier, the total loss of dependency comes to Rs.16,93,440/- (Rs.1,12,896 × 15). The claimants are further entitled to Rs.16,500/- towards loss of estate and Rs.16,500/- towards funeral expenses, after allowing a 10% enhancement over the conventional sums prescribed in Pranay Sethi (supra). Further, in view of the judgment of the Hon'ble Supreme Court in Magma General Insurance Co. Ltd. v. Nanu Ram & Others, reported in AIR Online 2018 SC 189, read with Pranay Sethi (supra), each of the five claimants is entitled to Rs.44,000/- towards consortium, after granting a 10% enhancement over the conventional amount. Thus, the total amount payable under the head of consortium comes to Rs.2,20,000/- (Rs.44,000 × 5). Accordingly, the claimants shall be entitled to compensation as under: Heads Calculation Compensation towards dependency Rs.16,93,440 Towards loss of estate Rs. 16,500 Towards Loss of consortium & Love and affection to the claimants @ Rs.44,000/- each Rs. 2,20,000 Funeral Expenses Rs. 16,500 Total compensation Awarded Rs. 19,46,440 12. Thus, the total compensation is recomputed as Rs.19,46,440/- from which after deduction of Rs.12,04,000/- as awarded by the Tribunal, the enhanced compensation would be Rs.7,42,440/-. 13. In the result, the appeal is partly allowed. The claimants shall be entitled for the enhanced compensation of Rs.7,42,440/- in addition 6 to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% per annum from the date of enhancement of the award till its realization. Accordingly, the impugned award stands modified to the above extent and rest of the conditions shall remain intact. 14. 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 Sd/- (Sanjay Kumar Jaiswal) Judge Arpan