1 CGHC010227472022 2026:CGHC:37086 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 814 of 2022 1 - Bhaiyalal Tiwari S/o Late Shri Ramnath Tiwari Aged About 55 Years R/o Village Gamheripara-Dadganv, Lundra, Police Station And Tahsil Lundra, District Sarguja (C.G.) 2 - Smt. Laxmi Tiwari S/o Shri Ramnath Tiwari Aged About 55 Years R/o Gamheripara-Dadganv, Lundra, Police Station And Tahsil Lundra, District Surguja (C.G.) ... Appellants versus 1 - Pradeep Kumar Yadav S/o Shri Anil Prasad Yadav Aged About 27 Years Occupation Driver, R/o Village Mohranpara, Bijaynagar, Police Station Ramanujganj District Balrampur- Ramanujganj (C.G.), Present Address Turrapani, In The House Of N.P. Singh, Ambikapur, Police Station Gandhinagar, Ambikapur, District Sarguja (C.G.) (Driver Of Swift Dzire Car No. CG 13 C 8375) 2 - Rahul Chandra Mal S/o Shri Ramesh Chandra Mal Aged About 42 Years R/o Gharghoda, Police Station And Tahsil Gharghoda, District Raigarh (C.G.) (Owner Of Swift Dzire Car No. CG 13 C 8375) 3 - National Insurance Company Limited Branch Gurganv, DO- ISCO No. 41-42-43, Sector 31, Gurganv- 122001 (Insurer Of Swift Dzire Car No. CG 13 C 8375) ... Respondent(s) BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.08.21 15:22:08 +0530 2 For Appellants : Ms. Ananya Chatterjee, Adv. on behalf of Mr. Rishi Rahul Soni, Advocate For Respondent No.2 : Mr. Rajendra Patel, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (19.08.2026) 1. Heard on admission. 2. 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 23.03.2022, passed by 3rd Additional Motor Accident Claims Tribunal, Ambikapur, District Sarguja (CG) in Motor Accident Claim Case No.208/2019, whereby the Claims Tribunal has awarded a total sum of Rs.13,38,382/- as compensation for the death of Yatendra Kumar Tiwari @ Suraj Tiwari, who died in a road accident that took place on 14.06.2019. 3. The Tribunal, having found that the offending vehicle was not insured, fastened the liability upon respondents No. 1 and 2 and exonerated the Insurance Company from liability. 4. Learned Tribunal, upon appreciation of the oral and documentary evidence available on record, assessed the monthly income of the deceased at Rs.8,325/-, added 40% towards future prospects, deducted 50% towards personal expenses, applied the multiplier of 17 and awarded compensation under various heads as under: S.N. Head Calculation 1 Loss of dependency 11,88,810 3 2 Loss of estate 15,000 3 Funeral Expenses 15,000 4 Filial consortium(Rs.40,000 to each claimant) 80,000 5 Treatment and transportation 39572 Total Awarded Amount Rs.13,38,382 5. Learned counsel appearing for the appellants/claimants submits that the Tribunal has committed an error in assessing the monthly income of the deceased at Rs.8,325/-, whereas the deceased was earning Rs.10,000/- per month by working at Mahamaya Drugs Corner, Ambikapur. It is further submitted that the amount awarded under the conventional heads is also inadequate. Learned counsel, therefore, prays that the impugned award be suitably modified by enhancing the amount of compensation. 6. On the other hand, learned counsel appearing for the respondent No.2 opposes the submission made by the counsel for appellants and submits that in the facts and circumstances of case, the award passed by the Tribunal is just & proper and does not require any enhancement. 7. I have heard learned counsel for the appellants and perused the entire record with due care and circumspection. 8. The accident occurred on 14.06.2019 and, at the relevant time, the deceased was aged about 26 years. Though it has been pleaded by the claimants that the deceased was earning Rs.10,000/- per month by working at Mahamaya Drugs Corner, no documentary or other cogent evidence has been adduced on record to substantiate the said assertion. In the absence of any reliable evidence establishing the actual 4 income of the deceased, the Tribunal assessed his monthly income at Rs.8,325/- on the basis of the minimum wages prevailing on the date of the accident. Accordingly, this Court finds no infirmity or illegality in the assessment of the monthly income of the deceased by the Tribunal. So far as the compensation awarded towards filial consortium is concerned, there are two claimants and the Tribunal has awarded Rs.40,000/- to each of them under the said head. The award under this head, therefore, calls for no interference. 9. Thus, considering the date of the accident, the age of the deceased, the number of dependants, and the principles laid down by the Hon'ble Supreme Court in 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 of the considered opinion that the compensation awarded by the Claims Tribunal is just, fair and reasonable and does not warrant any interference. 10. Accordingly, the appeal being devoid of merit is hereby dismissed at the admission stage. 11. No order as to costs. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130