1 CGHC010240552024 2026:CGHC:32691 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1504 of 2024 1 - Domar Singh Kamar S/o Late Ramlal Aged About 55 Years R/o Village Kallemeta, Post Dongardula, Tahsil Nagari, District Dhamtari (C.G.) 2 - Satya Bai W/o Domar Singh Kamar Aged About 54 Years R/o Village Kallemeta, Post Dongardula, Tahsil Nagari, District Dhamtari (C.G.) 3 - Kamitala W/o Late Amritlal Aged About 33 Years R/o Village Kallemeta, Post Dongardula, Tahsil Nagari, District Dhamtari (C.G.) 4 - Pratap Kumar S/o Late Amritlal Kamar Aged About 13 Years Minor Through Their Natural Guardian Mother Kamitala, R/o Village Kallemeta, Post Dongardula, Tahsil Nagari, District Dhamtari (C.G.) 5 - Parmeshwar S/o Late Amritlal Aged About 11 Years Minor Through Their Natural Guardian Mother Kamitala, R/o Village Kallemeta, Post Dongardula, Tahsil Nagari, District Dhamtari (C.G.) 6 - Priya D/o Late Amritlal Kamar Aged About 7 Years Minor Through Their Natural Guardian Mother Kamitala, R/o Village Kallemeta, Post Dongardula, Tahsil Nagari, District Dhamtari (C.G.) ... Appellants Digitally signed by AMIT PATEL 2 versus 1 - Ramjan Nishad S/o Late Vijay Nishad Aged About 47 Years R/o Churiyara Para, Nagari, Tahsil Nagari, District Dhamtari (C.G.) (Driver Of Offending Vehicle Highwa No. CG 05 D 1750) 2 - Smt. Nirmala Bai W/o Babulal Sahu Aged About 39 Years R/o Pachari Para, Kurud, Police Station And Tahsil Kurud, District Dhamtari (C.G.) (Owner Of Offending Vehicle Highwa No. CG 05 D 1750) 3 - National Insurance Company Limited Through Branch Manager, Second Floor, Mobin Mahal, G.E. Road Raipur, Tahsil And District Raipur (C.G.) (Insurer Of Offending Vehicle Highwa No. CG 05 D 1750) -- Respondents (Cause-titles are taken from CIS) For Appellants : Mr. Praveen K. Dhurandhar, Advocate For Respondent Nos.1 & 2 : None present For Respondents No.3 : Ms. Pooja Yadav, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (29.07.2026) 1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellants/claimants for enhancement against the award dated 05.04.2024 passed by Additional Motor Accident Claims Tribunal (F.T.C.), Dhamtari, District- Dhamtari (C.G.), in Claim Case No. 64/2022, whereby compensation of Rs. 14,11,600/- with interest @ 7% per annum, in favour of the appellants has been awarded. 2. The gist of the claim before the Tribunal, in brief, is that on 3 17.11.2021, the deceased Amrit Lal Kamar was travelling along with Ramprakash Kumar and Bhuneshwar Markam in a motorcycle to District Hosptial, Dhamtari and when they returning at night 12:00 at Dhamtari-Nagari Road, the respondent No. 1 driven his Highwa bearing Registration No. CG-05-D-1750 rashly and negligently and dashed the motorcycle, due to which all the three died on the spot. On the basis of the report lodged at Police Station Keregaon, District- Dhamtari, a crime was registered. 3. It is claimed that at the time of accident, deceased Amrit Lal Kamar was aged about 33 years and was married. He was working as a Forest Guard in the Forest Department and earning Rs. 9,000/- per month. Due to the untimely death of Amrit Lal Kamar there is an irreparable loss to the claimants who are the parents, wife, minor sons and daughter of the deceased. Therefore, the claimants had preferred an application before the Tribunal claiming total compensation of Rs. 56,00,000/- u/s 166 of MV Act. 4. The learned Tribunal, after considering the evidence and documents available on record, assessed the income of the deceased to be Rs. 6000/- per month. Added 40% future prospects. Considered the fact that the claimants are the parents, wife, minor sons and daughter of the deceased, one-fourth of the income was deducted towards personal expenses. Considered the age of the deceased as 33 years, multiplier of 16 was applied. 4 Further, a total amount of Rs.2,02,000/- has been awarded under other heads. Accordingly, the total compensation of Rs.14,11,600/- has been awarded by the Claims Tribunal in favour of the claimants with interest @ 7% per annum against respondent/insurance company, from the date of application. Hence, the appeal is for enhancement. 5. Learned counsel for the appellants/claimants submits that the compensation awarded by the Claims Tribunal is on the lower side and needs to be enhanced suitably. He further submits that the Tribunal has assessed lesser income of the deceased which needs to be enhanced to Rs.9,280/- per month as per minimum wages notification prevailing at the time of accident. Therefore, the appeal may be allowed and compensation needs to be enhanced suitably. 6. On the other hand, learned counsel for the Insurance Company has argued 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. 7. Heard counsel for the parties and perused the documents available on record. 8. As regards the income of the deceased, though the claimants have pleaded that the deceased was employed as a Forest Guard in Forest Department and was earning Rs. 9,000/- per month, but 5 no documentary evidence in support thereof has been produced, but it cannot be said that the deceased was not earning anything from his work. Therefore, in absence of any reliable evidence regarding income of the deceased, keeping in mind the nature of occupation, date of accident 17.11.2021, wage structure prevailing on the date of accident, price index and cost of living etc. specially notification by Labour Department for minimum wages, upon considering the aforementioned factors, I find it appropriate to take income of deceased as Rs. 9,280/- per month as minimum wages, at the relevant time of accident. The annual income comes to Rs. 1,11,360/-. As per National Insurance Company Ltd. Vs. Pranay Sethi and Others, (2017) 16 SCC 680, future prospects would be 40% as held by the Tribunal. Hence, after adding 40% towards future prospect i.e. Rs. 44,544/-, the yearly income comes to Rs.1,55,904/-. 9. The deceased was married and the claimants are the parents, wife, minor sons and daughter, so deduction towards personal expenses one-fourth rightly held by the Tribunal i.e. Rs.38,976/-. After deduction of the same, the annual dependency comes to Rs. 1,16,928/- (Rs. 1,55,904- 38,976/-). In view of judgment of the Hon’ble Supreme Court in Sarla Verma and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 and National Insurance Company Ltd. Vs. Pranay Sethi and Others, (2017) 16 SCC 680, the multiplier would be 16. Hence, after applying multiplier of 16, the total loss of dependency 6 works out to Rs. 18,70,848/-. In addition, Rs. 2,97,000/- has been awarded under other conventional heads i.e. loss of estate, loss of consortium, funeral expenses etc., which is just and proper. Therefore, the claimants would become entitled for total compensation of Rs. 21,67,848/-. Thus, the claimants are entitled for compensation in the following manner:- Heads Calculation Compensation towards dependency Rs. 18,70,848/- Towards loss of estate Rs. 16,500/- Towards funeral expenses Rs. 16,500/- Towards loss of consortium to the appellants No.1 to 6 (44,000x 6) (Total= Rs. 2,64,000/-) Rs. 2,64,000/- Total Rs. 21,67,848/- 10. Thus, the total compensation is recomputed as Rs. 21,67,848/-. After deducting Rs. 14,11,600/- as awarded by the Tribunal, the enhancement would be Rs. 7,56,248/- (21,67,848-14,11,600). 11. In the result, the appeal is partly allowed. The appellants/claimants shall be entitled to get Rs. 7,56,248/- in addition to what has already been awarded by the Claims Tribunal. The enhanced amount shall carry interest @ 6% p.a. from the date of filing of the claim petition before the Tribunal till its realization. The rest of the conditions shall remain intact. 12. The Registry is 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 7 Deonagri language and the help of paralegal workers may be availed with the co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge AMIT PATEL