1 CGHC010123442023 2026:CGHC:30727 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 579 of 2023 1 - Kunti Patel W/o Late Nand Kumar Patel Aged About 23 Years R/o Village- Matiya, Post- Police Station And Tahsil- Dongergaon, District (Revenue And Civil)- Rajnandgaon .......Claimants., District : Rajnandgaon, Chhattisgarh 2 - Ku. Pooja Patel D/o Late Nand Kumar Patel Aged About 2 Years Aged About 02 Years And 5 Manths, Appellant No. 2 Through Her Legal Guardian Appellant No. 1 Mother Kunti Patel, Aged About 23 Years W/o Late Nand Kumar Patel R/o Village- Matiya, Post- Police Station And Tahsil- Dongergaon, District- Revenue And Civil)- Rajnandgaon, District : Rajnandgaon, Chhattisgarh ... Appellant(s) versus 1 - Triveniram Netam @ Tushar Netam S/o Sirotan Lal Patel Aged About 30 Years R/o Village- Gherughat, Police Station- Tahsil- Chhuriya .........Driver Of Bus No. C.G.-08-M-9949, District : Rajnandgaon, Chhattisgarh 2 - Subhas Yadav Aged About 68 Years, C/o Aashirwad Travels Ghoghare (Chhuria) R/o Village- Gherughat, Police Station And Tahsil- Chhuria ..........Owner Of Bus No. C. G.08-M-9949, District : Rajnandgaon, Chhattisgarh 3 - National Insurance Company Limited Through Its Branch Manager, Office At- 3rd Floor, Housing Board Complex, New Bus Stand, Tahsil And District-Rajnandgaon ........Insurer of Bus No. C. G. 08-M-9949, Chhattisgarh ... Respondent(s) For Appellant(s) : Mr. Yogesh Pandey, Advocate For Respondent No.3 : Mr. R.N.Pusty, Advocate with Mr. Akash VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.22 10:59:20 +0530 2 Shrivastava, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (20.07.2026) 1. Heard 2. This appeal arises out of the award dated 09.01.2023 passed by Motor Accident Claims Tribunal, Rajnandgaon, District - Rajnandgaon (C.G.), in Claim Case No.69/2020 awarding a compensation of Rs.15,54,600/- with interest @ 6% per annum, in favour of the appellants. 3. Facts of the case are that, on 24.08.2019, deceased went to his work place ABIS Factory Rajnandgaon, where he was working as a Gate Keeper and when deceased was standing near side road at Village – Badiepur, at that instance bus bearing No.CG- 08-M-9949 came from back side and dashed him resulting he received grievous injuries thereafter he was taken to the hospital, where he was expired on 27.08.2019. The matter was reported to the concerned police station and the crime no. 69/2020 has been registered by the police. 4. Learned counsel for the appellants submits that the income of the deceased has been wrongly assessed at Rs.8,000/- per month, contrary to the evidence produced before the tribunal, as the deceased was working as a Gate Keeper and was earning Rs.10,000/- 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. 3 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 Nand Kumar Patel was working as a Gate Keeper and was earning Rs. 10,000/- 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. 8,400/- per month. 8. The accident occurred on 24.08.2019. The deceased was aged about 31 years. There are total 2 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 income of the deceased is liable to be suitably 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 (Annual) Rs. 8,000/- Rs. 8,400/- 4 x12=96,000 x12=1,00,800/- 02 After adding 40% future prospect Rs. 96,000+38,400 = 1,34,400/- Rs. 1,00,800+40,320 = 1,41,120/- 03 1/3rd Deduction towards personal expenses Rs. 1,34,400- 44,800 = 89,600/- Rs. 1,41,120- 47040 = 94080/- 04 After applying multiplier of 16 Rs. 89,600x16 = 14,33,600/- Rs. 94080x16 = 15,05,280/- 05 Loss of consortium to claimants Rs. 88,000/- Rs. 88,000/- 07 Loss of estate Rs. 16,500/- Rs. 16,500/- 08 Transportation and Funeral expenses Rs. 16,500/- Rs. 16,500/- Total Rs. 15,54,600/- Rs. 16,26,280/- 10. Thus, the appellants are entitled to total compensation of Rs. 16,26,280/- After deducting Rs.15,54,600/- as awarded by the tribunal, the enhancement would be Rs. 71,680/-. 11. In the result, the appeal is partly allowed. The claimants/appellants shall be entitled to get Rs. 71,680/- 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. 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 5 Aid of the concerned area wherein the claimants reside. Sd/- (Sanjay Kumar Jaiswal) Judge Vaishali