1 CGHC010177852023 2026:CGHC:33033 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 981 of 2023 1 - Tata A.I.G. General Insurance Company Limited Through- Its Legal Manager, Office No. 403, 4th Floor, D.B. City Corporate Park, Flat No. 1, Block No. 9, Rajbandha Maidan, District Raipur, Chhattisgarh ... Appellant(s) versus 1 - Smt. Bandi Bai Metta W/o Late Kista Metta Aged About 55 Years R/o Village Fulgundam, Post Sandra, Sandrapalli, District - Bijapur, Chhattisgarh. 2 - Laxman Metta S/o Late Kista Metta Aged About 28 Years R/o Village Fulgundam, Post Sandra, Sandrapalli, District - Bijapur, Chhattisgarh. 3 - Manoj Metta S/o Late Kista Metta Aged About 12 Years Minor Represented Through Mother Smt. Bandi Bai Metta / Respondent No. 1, R/o Village Fulgundam, Post Sandra, Sandrapalli, District - Bijapur, Chhattisgarh. 4 - Ajay Metta S/o Penta Metta Aged About 25 Years R/o Ullur Gullapeta, Post Chandangiri, District : Bijapur, Chhattisgarh 5 - Neela Mede S/o Shri Bodda Mede R/o Village Dhammur, Post Bireguda, Tahsil Bhopalpatanam, District : Bijapur, Chhattisgarh ... Respondent(s) 2 For Appellant : Ms. Mansi Bandey, Advocate on behalf of Mr. Sourabh Sharma, Advocate. For Respondents : None Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (30.07.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellant/Insurance Company challenging the impugned award dated 28.02.2023, passed in Claim Case No.105/2021, whereby the learned Claims Tribunal has awarded a total sum of Rs.17,77,800/- as compensation for the death of Late Rajesh Metta, who died in a road accident which took place on 09.03.2020. 2. Learned counsel for the appellant submitted that the learned Claims Tribunal has committed a grave error of law in deducting only one-third of the income of the deceased towards his personal and living expenses. It is contended that the admitted position on record is that the deceased was an unmarried. In such circumstances, in view of the judgment of Hon’ble Supreme Court in the matter of National Insurance Company Vs. Pranay Sethi & Ors. reported in (2017) 16 SCC 680, 50% of the income of the deceased ought to have been deducted towards his personal and living expenses. It is further submitted that the Tribunal erroneously treated the deceased as having three dependants. Claimant No. 2, who is the elder brother of the deceased aged about 28 years, is a major and able-bodied person and is not suffering from any disability. Therefore, he cannot be considered a dependent upon the deceased for the purpose of determining the deduction towards personal expenses. Consequently, the principle 3 applicable where there are three dependants has no application to the facts of the present case. It is, therefore, argued that the Tribunal ought to have deducted 50% of the income of the deceased towards his personal and living expenses. By deducting only one-third, the Tribunal has assessed the compensation on the higher side, resulting in an excessive award. The impugned award, to that extent, deserves to be modified by making the appropriate deduction and the compensation suitably reduced. 3. None appeared for respondents. 4. I have heard learned counsel for the appellant and went through the records with utmost circumspection. 5. In the case at hand, the learned Tribunal has indeed taken the monthly income of the deceased to be Rs. 8,000/- for unskilled labourer on the date of accident. Considering that the deceased was 18 years of age at the time of accident and was unskilled labour, it would be proper to take his monthly income of Rs.8,600/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour. Further, It is an admitted position on record that the deceased was an unmarried. In such circumstances, this Court is of the considered opinion that, in view of the law laid down by the Hon'ble Supreme Court in Pranay Sethi (supra), 50% of the income of the deceased is liable to be deducted towards his personal and living expenses. The deduction of one-third towards personal expenses by the learned Claims Tribunal is contrary to the settled legal position and, therefore, cannot be sustained. Accordingly, 50% of the income of the deceased is deducted towards his personal and living expenses for the purpose of computation of compensation. Therefore, to that extent the impugned award needs to be modified. 6. Thus, in light of the aforesaid discussion and in light of the 4 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. 8000x12 = 96,000/- Rs. 8600x12 = 1,03,200/- 2 Future prospect (+)40% (i.e. Rs. 38,400) = 1,34,400/- (+)40% (i.e. Rs. 41,280) = 1,44,480/- 3 Deduction (-) 1/3 (i.e. 44,800) = 89,600/- (-) 1/2 (i.e. 72,240) = 72,240/- 4 Multiplier (x) 18 = 16,12,800/- (x) 18 = 13,00,320/- 5 Towards Loss of consortium to all the 3 claimants Rs.1,32,000/- Rs. 44,000x3 = Rs. 1,32,000/- 6 Towards loss of estate Rs. 16,500/- Rs. 16,500/- 7 Towards funeral expenses Rs. 16,500/- Rs. 16,500/- Total Rs. 17,77,800/- Rs. 14,65,320/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.17,77,800/- awarded by the Claims Tribunal is reduced to Rs.14,65,320/-. The claimants shall be entitled to the modified 1(2017) 16 SCC 680 2(2009) 6 SCC 121 3(2018) 18 SCC 130 5 amount of compensation and 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 modified 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 Pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.08.01 11:20:50 +0530