1 CGHC010113632023 2026:CGHC:31042 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No.534 of 2023 1. Smt. Shabina Begam Wd/o Late Mohmmad Naim Khan, Aged About 35 Years 2. Ku. Tarannum, D/o. Late Mohmmad Naim Khan, Aged About 15 Years 3. Mohmmad Tahir Aalam, S/o. Late Mohmmad Naim Khan, Aged About 12 Years 4. Mohmmad Tarvez Aalam, S/o. Late Mohmmad Naim Khan, Aged About 11 Years 5. Ku. Tehrun Nisha, D/o. Late Mohmmad Naim Khan, Aged About 10 Years 6. Mohmmad Kasim Khan, S/o. Late Mohmmad Jumman Khan, Aged About 76 Years No.2 to 5 Are Minor Through Hi S Guardian Mother Smt. Shabina Begam, All Are R/o Geedam Naka Road, Ward No.47, Jagdalpur, District - Jagdalpur Chhattisgarh Appellants/Claimants versus 1. K. Ramesh S/o. Apparao, Aged About 32 Years R/o. Q. No. 16, 45/1 Chakli Strit Salur, Thana - Salur, District - Vijaynagaram (A.P.) (Driver). 2. Someshwar Rao Vangapandu, S/o. Samba Murti, Aged About 45 Years R/o. Q. No. 39 - 02-65 Venraj Gopal Sawami, Mandir Rodsalluru, Salur, District - Vijaynagaram Andra Pradesh. (Owner). 3. Branch Manager, The New India Insurance Company Limited, Division Office - Pattulas Road, D.N. - 7-125, Vijaynagram Road, Behind Gandhi Pratima Bobbili, Disgtrict - Vijaynagaram (A.P.) Or The New Digitally signed by R NIRALA 2 India Insurance Company Limited, Division Office 1st Floor, Beside Karnatka Bank, Fafadih Chauk, Raipur, District - Raipur Chhattisgarh (Insurer). Respondents For Appellants : Mr. Arvind Prasad, Advocate. For Respondent No.3 : Ms. Swati Agrawal, Advocate on behalf of Mr. Pankaj Agrawal, Advocate Hon’ble Shri Justice Sanjay Kumar Jaiswal Order on Board 21/07/2026 1. The appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “M.V. Act”) seeking enhancement of amount of compensation, challenging the award dated 01.02.2023 passed by the learned First Additional Motor Accident Claims Tribunal, Balod, District Balod (C.G.) (for short “Claims Tribunal”) in Claim Case No.109/2019, whereby the learned Claims Tribunal allowed the application filed under Section 166 of the Act, 1988 in part and awarded total sum of Rs.13,26,000/-, as compensation, on account of death of deceased in favour of the appellants/claimants. 2. Facts of the case are that appellants are the widow and children of the deceased Naim Khan, aged about 40 Years, who died due to the motor Accident which was occurred on 25.02.2019, when he was working under the truck, due to rash and negligence driving of the respondent No.1/driver of the truck bearing registration No.AP-05/TA/8277, which was owned by respondent No.2/owner and insured with the respondent No.3/insurance company. The matter was reported to police Station, where the offence under section 279, 304-A of IPC has been registered 3 and after investigation charge sheet has been filed against the respondent No.1. 3. Learned counsel for the appellants submits that the income of the deceased has wrongly been assessed by the learned Claims Tribunal as Rs.7,000/- per month, contrary to the evidence produced before the Tribunal, as the deceased was working as a truck mechanic and was earning Rs.50,000/- per month. He further submits that amount awarded by the learned Claims Tribunal under the other heads is also on the lower side. As such, the appeal may be allowed and the compensation may suitably be enhanced. 4. On the other hand, learned counsel appearing for the respondent No.3/Insurance Company supported the impugned award with regard to the quantum part and submits that the appellants have been awarded just and fair compensation. Therefore, the appeal is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the record of claim case available on record. 6. Though the appellants/claimants pleaded that the deceased Naim Khan was working as a truck mechanic and was earning Rs. 50,000/- 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 is assessed to Rs. 8,140/- per month. 7. The accident occurred on 25.02.2019 and at that time the deceased was aged about 41-45 years. There are total 6 claimants. Considering 4 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 enhanced. 8. 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, (2017) 16 SCC 680; Sarla Verma and others v. Delhi Transport Corporation and others, (2009) 6 SCC 121 and; Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and others, (2018) 18 SCC 130, the compensation is recomputed as under: S.No. Heads Compensation Awarded by the Tribunal Compensatio n Awarded by this Court 1. Income Rs.7,000/- Rs.8,140/- 2. Addition towards loss of future prospects 25% Rs.7,000 + 1,750 = Rs.8,750/- Rs.8,140 + 2,035 = Rs.10,175/- 3. 1/5th Deduction towards personal expenses Rs.8,750 – 1,750 = Rs.7,000/- Rs.10,175 – 2,035 = Rs.8,140/- 4. After applying multiplier of 14 Rs.7000 x 12 x 14 = Rs.11,76,000/- Rs.8,140 x 12 x 14 = Rs.13,67,520/ - 5. Loss of consortium to claimants Rs.1,20,000 Rs.44,000 x 6 = Rs.2,64,000/- 6. Loss of Estate Rs.15,000/- Rs.16,500/- 7. Loss of Funeral Rs.15,000 Rs.16,500/- 5 Expenses TOTAL Rs.13,26,000/ - Rs.16,64,520/ - 9. The learned Tribunal has awarded Rs.13,26,000/- and after deduction of the said amount from the amount awarded by this Court, the enhanced compensation comes to Rs.3,38,520/- (Rs.16,64,520 – Rs.13,26,000). Looking to the facts and circumstances of the case, interest @ 6% is also awarded on the enhanced amount of compensation 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. 10. 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. 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 Nirala