1 CGHC010157662024 2026:CGHC:32290 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1161 of 2024 1 - Smt. Dhaneshwari Deshmukh W/o Late Santosh Deshmukh, Aged About 57 Years, R/o Village Amlipara, Ward No. 12, Khairagarh, Post And Tah. Khairagarh, Post And Tahsil Khairagarh, District Khairagarh Chhuikhadan-Gandai, Chhattisgarh. 2 - Bhavaesh Deshumukh, Santosh Deshmukh, Aged About 24 Years, R/o Village Amlipara, Ward No. 12, Khairagarh, Post And Tah. Khairagarh, Post And Tahsil Khairagarh, District Khairagarh Chhuikhadan-Gandai, Chhattisgarh. ... Appellants versus 1 - Daniram Sen S/o Shivprasad Sen, Aged About 44 Years, R/o Village Banbghera, Post And P.S. Somni, Tah. Rajnandgaon, District Rajnandgaon Chhattisgarh (The Driver Of Accident Vehicle No. C.G. 08a.A. 5120). 2 - Radheshyam Dewangan S/o Ghanshyam Dewagan, Aged About 52 Years, R/o Village Devri, P.S. Devri, Tah. And District Balod Chhattisgarh. (The Owner Of Accident Vehicle No. C.G. 08 A.A 5120). 3 - Tata Aig General Insurance Company Limited, Office 1st Floor, 106-7 Wallfort Ozone, Bilaspur Road, Near Fafadih Chowk, Raipur, District Raipur Chhattisgarh. 492001 (The Insurance Company Of Accident Vehicle No. C.G. 08 A.A. 5120). ... Respondents SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.07.29 12:08:22 +0530 2 For Appellants : Mr. Tarun Dansena, Advocate For Respondents No.1 & 2 : Mr. Deepak Diwakar, Advocate For Respondents No.3 : Ms. Harneet Kaur Khanuja,Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (28.07.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 12.02.2024, passed in Claim Case No. 04/2023, whereby the learned Claims Tribunal has awarded a total sum of Rs.6,81,000/- as compensation for the death of Santosh Deshmukh, who died in a road accident which took place on 18.11.2022. 2. Learned counsel for the appellant would submit that the learned Claims Tribunal has erred in awarding lesser amount of compensation in the facts and circumstances of the case. The Claims Tribunal has assessed the income of the deceased on the lower side and has also awarded lesser amount under other conventional heads, which needs to be enhanced. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondents would submit that the Claims Tribunal after appreciating oral and documentary evidence available on record rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 3 5. In the present case, the learned Tribunal assessed the monthly income of the deceased at Rs. 10,000/-, which is found to be just and proper, as no documentary evidence was brought on record to establish a higher income of the deceased. Having regard to the number of claimants, one-third (1/3) of the income was deducted towards the personal and living expenses of the deceased. Further, considering that the deceased was 61 years of age at the time of the accident, the learned Tribunal applied the multiplier of 7, which is in accordance with the settled principles of law and calls for no interference. However, under the conventional heads, the learned Tribunal awarded only Rs. 1,21,000/-, whereas the claimants are entitled to Rs. 1,32,000/-. To that extent, the impugned award warrants modification by enhancing the compensation under the conventional heads. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors3, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Income Rs. 10,000 x 12 = 1,20,000/- Rs. 10,000 x 12 = 1,20,000/- 2. Deduction (-) 1/3 (i.e. 40,000) = 80,000/- (-) 1/3 (i.e. 40,000) = 80,000/- 3. Multiplier (x) 7 = 5,60,000/- (x) 7 = 5,60,000/- 4. Other conventiona Rs. 1,21,000/- (16,500+16,500+88,0 Rs. 1,32,000/- (18,000+18,000+96,0 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 l heads 00) 00) Total Rs. 6,81,000/- Rs. 6,92,000/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.6,81,000/- awarded by the Claims Tribunal is enhanced to Rs.6,92,000/-. Hence, after deducting the amount of Rs.6,81,000/-, the appellants are held entitled for an additional amount of Rs.11,000/-. The additional amount of compensation shall carry interest @ 6% per annum from filing of the claim application before the Claims Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 9. The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the concerned 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 resides. Sd/- (Sanjay Kumar Jaiswal) Judge $ourabh