1 CGHC010071182025 2026:CGHC:29967 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 447 of 2025 1 - Smt. Urmila Lahre W/o Late Ghanshiram Lahre Aged About 38 Years R/o Village Sorla, Post Kusami, Thana And Police Station Berla, District Bemetara, Chhattisgarh. (Claimants) 2 - Liladhar Lahre S/o Late Ghanshiram Lahre Aged About 18 Years R/o Village Sorla, Post Kusami, Thana And Police Station Berla, District Bemetara, Chhattisgarh. 3 - Lilaram Lahre S/o Late Ghanshiram Lahre Aged About 18 Years R/o Village Sorla, Post Kusami, Thana And Police Station Berla, District Bemetara, Chhattisgarh. 4 - Poshan Lahre S/o Late Ghanshiram Lahre Aged About 14 Years Minor Through Natural Guardian Mother R/o Village Sorla, Post Kusami, Thana And Police Station Berla, District Bemetara, Chhattisgarh. 5 - Chitrarekha Lahre D/o Late Ghanshiram Lahre Aged About 12 Years Minor Through Natural Guardian Mother R/o Village Sorla, Post Kusami, Thana And Police Station Berla, District Bemetara, Chhattisgarh. 6 - Barsan S/o Sukhdi Lahre Aged About 56 Years R/o Village Sankapat, Post Penditarai, P.S. And District Bemetara, Chhattisgarh. 7 - Laxmi Bai Lahre W/o Barsan Lahre Aged About 54 Years R/o Village Sankapat, Post Penditarai, P.S. And District Bemetara, Chhattisgarh. ... Appellant(s) versus 1 - Shyam Kumar Banwale S/o Chamarulal Banwale Aged About 59 Years R/o Ward No. 04, Ravidas Nagar Kabirdham, Police Station Kawardha, District Kabirdham, Chhattisgarh. (Driver of Vehicle Pickup Bearing No. C.G. 10/ B.P./7252) 2 - Shekh Saddam S/o Shekh Shabir Aged About 26 Years R/o Village Barela, Takhatpur, Police Station Jarahagaon, District Mungeli, Chhattisgarh. (Owner Of Vehicle Pickup Bearing No. C.G. 10/ B.P./7252) VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.20 11:20:17 +0530 2 3 - Manager Universal Shompo General Insurance Company Ltd., 1st Floor B-7 Shriram Nagar, T.V. Tower Road, Raipur, District Raipur, Chhattisgarh. (Insurance Company Of Vehicle Pickup Bearing No. C.G. 10/ B.P./7252) ... Respondent(s) For Appellant(s) : Mr. Amit Kumar Sahu, Advocate For Respondents No. 1 and 2 : Mr. Qumral Aziz, Advocate For Respondent No.3 None. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (15.07.2026) 1. Heard 2. This appeal arises out of the award dated 07.01.2025 passed by Motor Accident Claims Tribunal, Bemetara, District - Bemetara (C.G.), in Claim Case No. 58/2024 awarding a compensation of Rs.18,50,000/- with interest @ 7.5% per annum, in favour of the appellants. 3. Facts of the case are that, on 12.02.2024 at 8:00 in the night the deceased namely Ghasiram he was going to village Sarda by his motorcycle. When he reached near Buchidih Sarda Sub- Health Center, the respondent no.1 driving the offending vehicle (Pickup Bearing No. C.G.10/BP/7252) in a rash and negligent manner dashed the vehicle of the deceased, due to which the deceased fell down from the vehicle and sustained grievous injury and during treatment he died on 13.02.2024. The matter was reported to the concerned police station Berla and the crime no. 84/2024 has been registered by the police against the respondent no. 1 and criminal case is going on against the respondent no. 1 before learned trial court. 3 4. Learned counsel for the appellants submits that the income of the deceased has been wrongly assessed at Rs.9,000/- per month, contrary to the evidence produced before the tribunal, as the deceased was working as a Raj Mistri and was earning Rs.36,000/- per month. He further submits that amount the under other heads is also on the lower side. As such, the appeal may be allowed, and the compensation suitably enhanced. 5. On the other hand, learned counsel for the insurance company/respondent No. 3 supported the impugned award with regard to the quantum part. 6. I have heard learned counsel appearing for the parties and perused the record of the Tribunal, including award impugned. 7. Though the appellants/claimants pleaded that the deceased Ghasiram Lahre was working as a Raj Mistri and was earning Rs. 36,000/- per month, no documentary evidence has been produced thereof. Therefore, considering the wage structure on the date of the accident, the income of the deceased is assessed to Rs. 10,100/- per month. 8. The accident occurred on 12.02.2024. The deceased was aged about 44 years. There are total 7 claimants. Considering the age of the deceased, the number of dependents and his occupation, this Count finds that the assessment made by the Tribunal regarding the addition towards future prospects, the deduction towards personal expenses and the multiplier adopted is just and proper. However, the compensation awarded by the Tribunal under other conventional heads is liable to be suitably 4 enhanced. 9. Thus, in light of the aforesaid discussion and judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd V. Pranay Sethi, Sarla Verma & Ors. Vs. Delhi Transport Corpration and Ors and Magma General Insurance Co. Ltd v. Nanu Ram @ Chuhru Ram & Ors, the compensation is recomputed as under:- S.No. Heads Compensation Awarded by the Tribunal Compensation Awarded by this Court 01 Income Rs. 9,000/- Rs. 10,100/- 02 After adding 25% future prospect Rs. 9000+2250 = 11,250/- Rs. 10,100+2525 = 12,625/- 03 1/5th Deduction towards personal expenses Rs. 11,250-2250 = 9000/- Rs. 12,625-2525 = 10,100/- 04 After applying multiplier of 14 Rs. 9000x12x14 = 15,12,000/- Rs. 10,100x12x14 = 16,96,800/- 05 Loss of consortium to claimants Rs. 3,08,000/- 48000x7= 3,36,000 07 Loss of estate Rs. 15,000/- Rs. 18,000/- 08 Funeral expenses Rs. 15,000/- Rs. 18,000/- Total Rs. 18,50,000/- Rs. 20,68,800/- 10. Thus, the appellants are entitled to total compensation of Rs. 20,68,800/-. After deducting Rs.18,50,000/- as awarded by the tribunal, the enhancement would be Rs. 2,18,800/-. 11. In the result, the appeal is partly allowed. The claimants/appellants shall be entitled to get Rs. 2,18,800/- in addition to what is already awarded by the claims Tribunal. The 5 enhanced amount shall carry interest @ 6% from the date of filing of the claim petition before the Tribunal till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 12. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. 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 Vaishali