1 2026:CGHC:13072 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 685 of 2023 1 - Gadaray S/o Kaliram Nayak Aged About 50 Years Caste Kenwat, R/o Village Dhamalpura, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. (Claimants) 2 - Bimla W/o Gadaray Nayak Aged About 48 Years Caste Kenwat, R/o Village Dhamalpura, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. (Claimants) 3 - Jamuna S/o Gadaray Nayak Aged About 22 Years Caste Kenwat, R/o Village Dhamalpura, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. (Claimants) 4 - Durpati D/o Gadaray Nayak Aged About 18 Years Caste Kenwat, R/o Village Dhamalpura, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. (Claimants) 5 - Minor Chitra Kumar S/o Gadaray Nayak Aged About 16 Years Caste Kenwat, Through Legal Guardian Father Appellant No.1, R/o Village Dhamalpura, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. (Claimants) 6 - Minor Sampati D/o Gadaray Nayak Aged About 14 Years Caste Kenwat, Through Legal Guardian Father Appellant No.1, R/o Village Dhamalpura, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, Digitally signed by GOPAL SINGH Date: 2026.03.30 14:36:34 +0530 2 District Baloda Bazar-Bhatapara, Chhattisgarh. (Claimants) 7 - Minor Jai Kanti D/o Gadaray Nayak Aged About 12 Years Caste Kenwat, Through Legal Guardian Father Appellant No.1, R/o Village Dhamalpura, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. (Claimants) 8 - Minor Uttra Kumar S/o Gadaray Nayak Aged About 10 Years Caste Kenwat, Through Legal Guardian Father Appellant No.1, R/o Village Dhamalpura, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. (Claimants) ... Appellants versus 1 - Bhojraj Bhoi @ Kailash Bhoi S/o Dayalal Bhoi Aged About 38 Years R/o Village Dipapara Baya, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. (Driver Of Alleged O=ending Vehicle Truck Bearing Registration No. C.G.04-Zd.- 0473) 2 - Laxmilal Nayak S/o Anand Singh Nayak R/o Lucky Singh Station Road, Satkar Hotel Gali Raipur, District Raipur (C.G.) Present Address Chacherapali, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. (Owner Of Alleged O=ending Vehicle Truck Bearing Registration No. C.G.04-Zd.-0473) 3 - Insurance Company The New India Insurance Company Limited Branch OCce Ambedkar Chowk, Baloda Bazar, Bhatapara District Baloda Bazar-Bhatapara, Chhattisgarh. (Insurer Of Alleged O=ending Vehicle Truck Bearing Registration No. C.G.04-Zd.-0473) 4 - Kamal Panda S/o Tarachand Panda Aged About 27 Years R/o Chacherapali, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. (Driver Of Alleged O=ending Vehicle Tractor Bearing Registration No. C.G.04-Dt.-3638) 3 5 - Ushat Malik S/o Puna Malik R/o Village Dhamalpura, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. (Owner Of Alleged O=ending Vehicle Tractor Bearing Registration No. C.G.04-Dt.-3638) 6 - Ishwar Bariha S/o Tilakram Bariha Aged About 35 Years R/o Dhamalpura, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. (Unregistered Owner Of Alleged O=ending Vehicle Tractor Bearing Registration No. C.G.04-Dt.- 3638) 7 - Insurance Company Shriram General Insurance Company Limited Branch OCce 4th Floor Maruti Height Raipur District Raipur, Chhattisgarh. (Insurer Of Alleged O=ending Vehicle Tractor Bearing Registration No. C.G.04-Dt.-3638) ... Respondents For Appellants : Shri S.P. Sahu, Advocate For Respondent No.2 : Shri Virendra Kashyap, Advocate For Respondent No.3 : Shri Deepak Gupta, Advocate For Respondent No.7 : Shri Siddharth Pandey, Advocate For other Respondents : None Hon’ble Shri Justice Sachin Singh Rajput Order on Board 18/03/2026 1. Being aggrieved by the award dated 16.3.2023 passed by the 1st Additional Motor Accidents Claims Tribunal, Baloda Bazar, District Baloda Bazar (Chhattisgarh) (for short ‘Claims Tribunal’) in Case No.69/2018, this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the MV Act’) has been Hled by the appellants/claimants. 4 2. By the impugned award, against a claim of Rs.39,71,000, the learned Claims Tribunal has awarded a compensation of Rs.11,28,400 in favour of the appellants/claimants on account of death of Saraswati Nayak in an accident occurred on 12.3.2018 by rash and negligent driving of the o=ending vehicle truck bearing registration No.CG 04 ZD 0473 driven by respondent No.1, owned by respondent No.2 and insured with respondent No.3. 3. As per the pleadings of the claim application, the deceased along with other persons was travelling in a tractor bearing registration No.CG 04 DT 3638 driven by respondent No.4, owned by respondent No.5 and insured with respondent No.7, which was dashed by the o=ending vehicle truck by rash and negligent driving of respondent No.1. As a result of the said accident, the deceased died. The deceased was said to be aged about 17 years and was working as a labour and earning Rs.300 per day. Thus, the above stated compensation was claimed. 4. The claim application was resisted by the respective respondents on various counts including insurance of the o=ending vehicle taking a plea with regard to violation of terms and conditions of the insurance policy. Learned Claims Tribunal framed issues and decided them in favour of the appellants/claimants, however, as regards issue No.3, violation of the terms and conditions of the insurance policy was held to be proved and the insurance company/respondent No.3 was exonerated from payment of compensation. However, the learned Claims Tribunal applied the doctrine of pay and recover. 5 5. Learned counsel for the appellants/claimants submits that income of the deceased was wrongly assessed. Compensation awarded on all other heads is also on lower side. 6. Learned counsel for Respondent No.3/insurance company submits that just compensation has been awarded by the learned Claims Tribunal. 7. I have heard the rival contentions put-forth by learned counsel appearing for the parties and perused the record of the Claims Tribunal with due care. 8. Learned Claims Tribunal has found the monthly income of the deceased to Rs.7,000, which appears to be on lower side. Taking into consideration the age of the deceased, date of the accident, nature of job and number of dependents, this Court can safely take the monthly income of the deceased to Rs.8,300. 9. In the light of the judgments of the Hon’ble 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, this Court recomputes the compensation in the following manner: Sl.No. Particulars Amount (Rs.) 1 Annual Income (Rs.8,300 x 12 = Rs.99,600) 99,600 2 Income with Future Prospects 1,39,440 6 (Rs.99,600 x 40% Future Prospects = Rs.39,840; Rs.99,600 + 39,840 = Rs.1,39,440) 3 Income after Deduction of Personal and Living Expenses of the Deceased (Rs.1,39,440 / 2 = Rs.69,720; Rs.1,39,440 – 69,720 = Rs.69,720) 69,720 4 Loss of Dependency after Application of Multiplier Rs.69,720 x 18 = Rs.12,54,960) 12,54,960 5 Loss of Estate 16,500 6 Funeral Expenses 16,500 7 Filial Consortium to Parents of the Deceased 80,000 Total Compensation = 13,67,960 (-) Compensation Awarded by the Claims Tribunal = 11,28,400 Enhancement in Compensation = 2,39,560 10. In view of the aforesaid analysis, the appellants/claimants are held to be entitled to an additional amount of compensation of Rs.2,39,560. The enhanced amount of compensation shall carry simple interest @ 6% per annum from the date of Hling of the instant appeal till Hnal payment of the enhanced compensation. Respondent No.3/The New India Insurance Company Limited is directed to deposit the amount of compensation as enhanced by this Court along with the interest within a period of 60 days from the date of receipt of a copy of this order. On the deposit being made by the insurance company, the learned Claims Tribunal 7 shall pass appropriate orders with regard to apportionment, investment and disbursement of the amount among the appellants/claimants. Rest of the impugned award shall remain intact. 11. Accordingly, the appeal is allowed in part and the impugned award is modiHed to the extent shown above. Sd/- (Sachin Singh Rajput) JUDGE Gopal