1 CGHC010134812023 2026:CGHC:32244 HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 696 of 2023 1 - The New India Assurance Co. Ltd. Through Branch Manager, Sada Complex, T. P. Nagar Korba, District : Korba, Chhattisgarh --- Appellants versus 1 - Sawan Singh S/o Jogi Ram Aged About 40 Years R/o Bagainala Mungadih, Tahshi And Police Station Pali (Claimants), District : Korba, Chhattisgarh. 2 - Smt. Rajkumari W/o Sawan Singh Aged About 36 Years R/o Bagainala Mungadih, Tahshi And Police Station Pali (Claimants), District : Korba, Chhattisgarh. 3 - Kanti Kumari D/o Sawan Singh Aged About 20 Years R/o Bagainala Mungadih, Tahshi And Police Station Pali (Claimants), District : Korba, Chhattisgarh. 4 - Puja Kumari D/o Sawan Singh Aged About 17 Years R/o Bagainala Mungadih, Tahshi And Police Station Pali (Claimants), District : Korba, Chhattisgarh. 5 - Priyanka Kumari D/o Sawan Singh Aged About 15 Years No. 4 And 5 Minor, Through Natural Guardian Father Sawan Singh R/o Bagainala Mungadih, Tahshi And Police Station Pali (Claimants), District : Korba, Chhattisgarh. 6 - Ajay Kumar Yadav S/o Bhaiyalal @ Lagan Aged About 29 Years R/o Bypass Road, Imliduggu, Near Santoshi Mandir Korba, Police Station Kotwali (Non-Applicant No. 1), District : Korba, Chhattisgarh. 7 - Manoj Kumar Agrawal S/o Jagdish Prasad Agrawal R/o Plot No. 471, Indira Vyas Parisar Ward No. 9, T. P. Nagar, Korba (Non-Applicant No. 2), District : Korba, Chhattisgarh --- Respondents For the appellant : Mr. Qamrul Aziz, Advocate For Respondents 1 & 2 : Mr. Anshul Tiwari, Advocate For respondents 6 & 7 : Mr. Amit Jaiswal, Advocate, on behalf of Mrs. Mamta Jaiswal. ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.07.30 14:38:49 +0530 2 MAC No. 279 of 2023 1 - Sawan Singh S/o. Jogi Ram Aged About 40 Years R/o. Village Bagai Nala, Munga Dih, Tehsil And Police Station Pali, District Korba Chhattisgarh. 2 - Smt. Rajkumari, W/o Sawan Singh Aged About 36 Years R/o. Village Bagai Nala, Munga Dih, Tehsil And Police Station Pali, District Korba Chhattisgarh. 3 - Kanti Kumari D/o. Sawan Singh Aged About 20 Years R/o Village Bagai Nala Munga Dih, Tehsil And Police Station Pali, District Korba Chhattisgarh. 4 - Puja Kumari D/o. Sawan Singh, Aged About 17 Years Minors Represented Through Natural Guardian Father - Sawan Singh R/o Village Bagai Nala Munga Dih, Tehsil And Police Station Pali, District Korba Chhattisgarh. 5 - Priyanka Kumari D/o. Sawan Singh, Aged About 15 Years Minors Represented Through Natural Guardian Father - Sawan Singh R/o Village Bagai Nala Munga Dih, Tehsil And Police Station Pali, District Korba Chhattisgarh. --- Appellants Versus 1 - Ajay Kumar Yadav S/o. Bhaiya Lal @ Lagan, Aged About 29 Years R/o By Pass Road, Imliduggu, Near Santoshi Mandir Korba, P.S. Kotwali, District Korba Chahttisgarh. (Driver) 2 - Monoj Kumar Agrawal S/o. Jagdish Prasad Agrawal, Aged About (Not Mentioned In Judgement), R/o. Plot No. 471, Indira Vyas Parisar Ward No. 09, T.P. Nagar, Korba, District Korba Chhattisgarh (Owner) 3 - The New India Insurance Company Limited, Through Branch Manage, Office Address- Sada Complex, T.P Nagar, District Korba Chhattisgarh (Insurance Company) --- Respondents For the appellants : Mr. Anshul Tiwari, Advocate For respondents 1 & 2 : Mr. Amit Kumar Jaiswal,Advocate on behalf of Ms. Mamta Jaiswal, Advocate For respondent no.3 : Mr. Qamrul Aziz, Advocate Hon’ble Shri Justice Sanjay Kumar Jaiswal) Judgment on Board 28.07.2026 1. MAC No. 279 of 2023 under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed by the claimants seeking enhancement of 3 compensation whereas MAC No.696 of 2023 has been filed by the Insurance Company challenging the quantum of award dated 21.12.2022 passed by the learned First Addl. Motor Accident Claims Tribunal, Katghora, District Korba (Chhattisgarh) in Claim Case No. 43/2022, whereby learned Claims Tribunal has awarded a total sum of Rs.16,69,200/- as a compensation for the death of deceased. 2. Brief facts of the case as pleaded by the claimants are that deceased Deepak Kumar died in an accident took place on 05.11.2021 due to rash and negligent driving of respondent no.1. Appellants 1 & 2 are parents and appellants 3 to 5 are siblings of deceased. They being legal heirs of deceased filed claim application u/s 166 of MVA seeking a total compensation of Rs.31,65,000/- on various heads. 3. Learned counsel for the claimants submits that the deceased was earning Rs.12,000/- per month by doing the work of labour and agricultural works but the learned Claims Tribunal had taken the lesser income of deceased. The amounts granted under the conventional heads are also meagre, thereby, just compensation has not been awarded. He prays that compensation awarded by the Claims Tribunal may suitably be enhanced. 4. Learned counsel for the Insurer submits that the claimants have failed to prove the nature of occupation and the income of deceased by producing clinching and admissible piece of evidence, therefore, the income taken by the deceased is on higher side. He submits that the deceased was bachelor at the time of accident, therefore, one-half ought to have been deducted from the income towards personal expenses instead of 1/3rd. Hence, the Tribunal has awarded excessive compensation. 5. I have heard learned counsel for the parties, considered their rival submissions and perused the record with utmost circumspection. 4 6. In absence of any evidence regarding income of deceased and looking to the prevalent rates at the time of incident, it would be appropriate to take the monthly income at Rs.9280/- treating him as unskilled labour as per the the Chhattisgarh Minimum Wages. Since the age of deceased was found to be 20 -22 years and there are 5 claimants, following the principles laid down by Supreme Court, the Tribunal has rightly added 40% future prospectus to the income and applied multiplier 18 which is not disputed by both the parties. However, since the deceased was bachelor, the deduction towards personal expenses would be ½ (one-half) and not 1/3 as deducted by Tribunal. Under the other conventional heads, just amounts have been granted i.e., Rs.2,20,000/- for loss of consortium; Rs.16,500/- for funeral expenses and Rs.16,500/-. However, the amount of Rs.5000/- granted for transportation of deceased’s body seems to be redundant. 7. In the light of the aforesaid discussion and in view of the decisions of the Supreme Court rendered in National Insurance Company Ltd. Versus Pranay Sethi (2017) 16 SCC 680; Sarla Verma Vs. Delhi Transport Corporation (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. Versus Nanu Ram @ Chuhru Ram (2018) 18 SCC 130 , this Court is computing the compensation as below : Sl.No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Total loss of dependency Rs. 14,11,200/- Rs.9,280. X 12 =1,11,360/- plus Future Prospectus- 40% i.e.,44,544/- = 1,55,904/- minus 1/ 2 (one-half) deduction of personal expenses i.e., 77,952/- = 77,952 x 18 multiplier = 5 14,03,136/- 2. Loss of estate 16,5000/- 16,500/- 3. Funeral expenses 16,500/- 16,500/- 4. Loss of consortium or loss of love and affection 2,20,000/- (44000 x 5 dependents) 2,20,000/- 5. Transportation of deceased’s body 5,000/- …. Total Rs.16,69,200/- 16,56,136/- 8. In view of the aforesaid analysis, the claimants are entitled to receive Rs.16,56,136/- instead of 16,69,200/- as awarded by the Claims Tribunal. Hence, the appellants held entitled for a total compensation of Rs. 16,56,136/- from the insurer. Accordingly, the impugned award is modified to the extent as indicated above. Rest of the conditions of the impugned award shall remain intact. 9. Consequently, both the appeals stand finally disposed off. Sd/- Sanjay Kumar Jaiswal Judge Rao