1 CGHC010359002024 2026:CGHC:29966 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1984 of 2024 1 - Leela Bai W/o Late Lakhanlal Aged About 52 Years R/o Gram Paniyajob, Chhiddo, Distt. Rajnandgaon (C.G.) 2 - Rekha Bai D/o Late Lakhanlal, Aged About 35 Years R/o Gram Paniyajob, Chhiddo, Distt. Rajnandgaon (C.G.) 3 - Usha Bai D/o Late Lakhanlal Sori Aged About 33 Years R/o Gram Bortalab, Thana Bortalab, Tehsil Dongargarh, Distt. Rajnandgaon (C.G.) 4 - Ramesh Kumar S/o Late Lakhanlal Sori Aged About 31 Years R/o Gram Bortalab, Thana Bortalab, Tehsil Dongargarh, Distt. Rajnandgaon (C.G.) ... Appellant(s) versus 1 - Tarun Singh S/o Ramkumar Singh Aged About 47 Years R/o 51 Ward No. 20 Girls School Civil Lines, Khairagarh, Distt. Rajnandgaon (C.G.) 2 - Branch Manager National Insurance Company Ltd. Branch Office -2nd Floor , 1b Commercial Complex New Bus Stand Distt. Rajnandgaon (C.G.) 3 - Sunita Bai W/o Late Rajesh Sori Aged About 26 Years R/o Gram Bortalab Thana Bortalab, Tehsil Dongargarh Distt.- Rajnandgaon (C.G) ... Respondent(s) For Appellant(s) : Ms. Bhavika Kotecha, Advocate For Respondent No.1 : Ms. Anushka Tripathi, Advocate on behalf of Mr. Siddharth Pandey, Advocate For Respondent No.2 Mr. Q.Aziz, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (15.07.2026) 1. Heard. 2. This appeal arises out of the award dated 02.09.2024 passed by Motor Accident Claims Tribunal, Dongargarh, District - VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.21 11:06:28 +0530 2 Rajnandgaon (C.G.), in Claim Case No.30/2023 awarded a compensation of Rs.6,75,000/- with interest @ 6% per annum, in favour of the appellants. 3. Facts of the case in brief are that deceased/Lakhanlal Sori, was a driver proceeding to his place of work in the ordinary course along with his co-worker(s) on 22.05.2023 by ‘Truck’ bearing Registration No. CG-04 J 2116. Accompanied by his co-workers, he had gone to the Bhujari Kup forest for loading timber, while returning from the said forest via the route from Village Malaiha to Gatapar, passing through Baba Dera, the truck suddenly went out of control while descending a hilly slope. As a result, the vehicle became uncontrollable and plunged into the forest below the hill along with the loaded timber. Consequently, the deceased, Lakhanlal Sori, who was himself driving the truck at the relevant time, sustained grievous injuries in the said accident, resulting to his death. Another co- worker travelling with him also sustained injuries in the said accident. In connection with the aforesaid accident, a crime was registered by the police of concerned police station. 4. Learned counsel for the appellant submits that the tribunal has rightly assessed the income of the deceased, but did not give any amount on the various other heads. As such, the appeal may be allowed, and the compensation on other heads may suitably enhanced. 5. On the other hand, learned counsel for the insurance company/respondent No.2 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. 3 7. In the case in hand, before the claims Tribunal, the appellants/claimants pleaded that the deceased Lakhanlal Sori was working as a driver and was earning Rs.20,000/- per month, but no documentary evidence has been produced thereof. Therefore, considering the wage structure on the date of the accident, the income of the deceased was assessed to Rs. 12,000/- per month. At the time of the accident, the deceased was 67 years old, hence future prospect was not added and considering the fact that the deceased was married, therefore dependent persons, a 1/4th deduction for personal expenses would apply. Further, considering the age of the deceased, a multiplier of 5 would be applied. Thus, looking to the facts of the case, the above-assessed amount of compensation is just and proper which is hereby affirmed. 8. The learned claims Tribunal has awarded only Rs.1,35,000/- on other heads in favour of the claimants, but looking to the facts and circumstances of the case, it is not found proper and needs to be enhanced suitably in the interest of justice. 9. Thus, the claimants/appellants are entitled to get compensation of Rs. 18,000/- towards loss of estate and Rs. 18,000/- towards funeral expenses and as per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, all the claimants/appellants (4 claimants) are entitled to get a compensation of Rs.48,000/- each i.e. Rs. 48,000x4 = Rs. 1,92,000/- towards the head of love and affection. 10. Hence, the claimants/appellants are entitled for compensation 4 in the following manner:- S.No. Heads Awarded by the Tribunal Awarded by this Court 01 Income of the deceased Rs. 12,000/- Rs. 12,000/- 02 Future prospect Nil Nil 03 After 1/4nd Deduction towards personal expenses Rs. 12,000-3,000 = 9,000/- Rs. 12,000- 3,000 = 9,000/- 04 After applying multiplier of 5 Rs. 9000x12x5 = 5,40,000/- Rs. 9000x12x5 = 5,40,000/- 05 Love and affection to all the four claimants Rs.30,000x4 = Rs.1,20,000/- Rs. 48,000x4 = 1,92,000/- 07 Loss of estate Rs. 15,000/- Rs. 18,000/- 08 Funeral expenses Nil Rs. 18,000/- Total Rs. 6,75,000/- Rs. 7,68,000/- 11. Thus, the total compensation is recomputed as Rs. 7,68,000/- After deducting Rs. 6,75,000/- as awarded by the tribunal, the enhancement would be Rs.93,000/-. 12. In the result, the appeal is partly allowed. The claimants/appellants shall be entitled to get Rs.93,000/-. in addition to what is already awarded by the claims Tribunal. The 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. 13. 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 5 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 resides. Sd/- (Sanjay Kumar Jaiswal) Judge Vaishali