1 CGHC010399122024 2026:CGHC:30084 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2228 of 2024 1 - Smt. Kosi Markam W/o Late Neulal Madkam @ Markam Aged About 35 Years R/o Village Mekhawaya, Bhopawada, Tahsil Chhindgarh, P.S. Chhindgarh, District Sukma Chhattisgarh (Claimant). 2 - Kamlesh Markam S/o Late Neulal Madkam @ Markam Aged About 13 Years Minor Through Legal Natural Guardian Mother Smt. Kosi Markam, R/o Village Mekhawaya, Bhopawada, Tahsil Chhindgarh, P.S. Chhindgarh, District Sukma Chhattisgarh (Claimant) 3 - Kumari Bharti Markam D/o Late Neulal Madkam @ Markam Aged About 10 Years Minor Through Legal Natural Guardian Mother Smt. Kosi Markam, R/o Village Mekhawaya, Bhopawada, Tahsil Chhindgarh, P.S. Chhindgarh, District Sukma Chhattisgarh (Claimant) 4 - Kumari Narsingh Markam D/o Late Neulal Madakm @ Markam Aged About 5 Years Minor Through Legal Natural Guardian Mother Smt. Kosi Markam, R/o Village Mekhawaya, Bhopawada, Tahsil Chhindgarh, P.S. Chhindgarh, District Sukma Chhattisgarh (Claimant) 5 - Lakhanlal Madkam @ Markam S/o Late Bhima Markam Aged About 24 Years R/o Village Mekhawaya, Bhopawada, Tahsil Chhindgarh, P.S. Chhindgarh, District Sukma Chhattisgarh (Claimant). 6 - Smt. Somari Markam W/o Late Bhima Markam Aged About 35 Years R/o Village Mekhawaya, Bhopawada, Tahsil Chhindgarh, P.S. Chhindgarh, District Sukma Chhattisgarh (Claimant) ... Appellants versus 1 - Vivekanand Rai S/o Dukhiram Rai Aged About 40 Years R/o Chhindgarh, P.S. Chhindgarh, District Sukma Chhattisgarh (Driver Of Offending Vehicle Pickup Bearing Registration No. C.G. 18-H-0271). 2 - Ishwar Nayak S/o Farturam Nayak Aged About 37 Years R/o Naka Para Tongpal, P.S. Tongpal, District Sukma Chhattisgarh (Owner of Offending Vehicle Pickup Bearing Registration No. C.G. 18-H-0271). 2 3 - Tata A.I.G. General Insurance Company Ltd. Address-2 Floor, 106-7 Bolfont Ozone Bilaspur Road, Near Fafadih Chowk, Raipur Chhattisgarh (Insurer Of Offending Vehicle Pickup Bearing Registration No. C.G. 18-H- 0271) ... Respondents For the appellants : Ms. Sangeeta Soni, Advocate For respondent no.3 : Ms. Mansi Bande, Advocate, on behalf of Mr. Saurabh Sharma, Advocate Hon’ble Shri Justice Sanjay Kumar Jaiswal) Judgment on Board 15.07.2026 1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed seeking enhancement of compensation, challenging the impugned award dated 29.02.2024 passed by the learned Motor Accident Claims Tribunal, Dakshin Bastar, Dantewada Chhattisgarh in Claim Case No. 78/2023 whereby learned Claims Tribunal has awarded a total sum of Rs.20,47,065/- as a compensation for the death of deceased. 2. As per the pleadings of the claim application filed under Section 166 of the MV Act, on 11.05.2023, deceased Newulal Madkam was going to Sukma on his Motorcycle bearing Regn. No. C.G.04 DN 7428 for getting a ration card. On the way at about 12.30 p.m., when he reached near village Pakala at Bhandaripara, respondent no.1 who was driving the offending Pickup Van No.C.G. 18-H-0271 in rash and negligent way hit the deceased’s motor cycle, resultantly the deceased sustained serious head injury and died during treatment at District Hospital Sukma. Appellant No.1 is widow of deceased, appellants 2 to 4 are children; appellant no.5 is father and 3 appellant no.6 is grand-mother of deceased. Thus the appellants being legal heirs of deceased filed claim application u/s 166 of MVA seeking a total compensation of Rs. 47,95,000/- on various heads. 3. Learned counsel for the appellants submits that claimants have pleaded that the deceased was doing the work of farmer and carpenter and his income was Rs.25,000/- , but the learned Claims Tribunal has taken the lesser income of deceased as Rs.9958/- per month. The amounts granted under the conventional heads are also meagre, thereby, just compensation has not been awarded. She prays that the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 4. Learned counsel for respondent no.3/Insurer submits that the appellants have failed to prove the nature of occupation and the income of deceased by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in taking the income of the deceased as per the Collector Rates applicable to a skilled labour and thus it has passed the just award which needs no interference. 5. I have heard learned counsel for the parties, considered their rival submissions and perused the record with utmost circumspection. 6. In absence of any evidence regarding income of deceased, it would be appropriate to take his monthly income to be Rs.9960/- treating him as unskilled labour as per the the Chhattisgarh Minimum Wages and to that extent the impugned award needs to be slightly modified. Since the age of deceased was found to be 39 years and there are six dependents, following the case-law laid down by Supreme Court, the Tribunal has rightly added 40% future prospectus, deducted 1/4th towards personal expenses and applied multiplier 15 which cannot be said to be on higher side. The Tribunal has awarded a lesser sum of Rs.1,65,000/- under the other heads i.e., loss 4 of consortium Rs.1,32,000/-; loss of estate Rs.16,500/- and funeral expenses 16,500/- which needs to be suitably enhanced. 7. Thus, in the light of the aforesaid discussion and in view of the decisions of the Supreme Court rendered in National Insurance Company Ltd. Versus Pranay Sethi (2017) 16 SCC 680; Sarla Verma Vs. Delhi Transport Corporation (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. Versus Nanu Ram @ Chuhru Ram (2018) 18 SCC 130 , this Court is computing the compensation as below : Sl.No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Total loss of dependency 18,82,065/- Rs.9,960 x 12 =1,19,520 plus Future Prospectus- 40% i.e., 47,808/- = 1,67,328/- minus 1/4rd deduction of personal expenses i.e., 41,832/- = 1,25,496 x 15 multiplier = 18,82,440/- 2. Loss of estate 16,500/- 18,000/- 3. Funeral expenses 16,500/- 18,000/- 4. Loss of consortium or loss of love and affection 1,32,000/- 48,000x6 dependents 2,88,000/- Total Rs. 20,,47,065/- 22,06,440/- 8. In view of the aforesaid analysis, the amount of compensation of Rs. 20,47,065/- awarded by the Claims Tribunal is enhanced to Rs.22,06,440/- . 5 Hence, after deducting the amount of Rs. 20,47,065/- the appellants held entitled for an additional sum of Rs.1,59,375/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 9. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated hereinabove. Sd/- Sanjay Kumar Jaiswal Judge Rao