1 CGHC010172922024 2026:CGHC:34147 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1162 of 2024 1 - Rukhmani Bai Wd/o Late Pradip Aged About 40 Years R/o Village Loharakampa, Post - Botla, Police Station - Jarhagaon, Tahsil And District - Mungeli, Chhattisgarh. At Present Mahamaya Para, Ratanpur, Police Station - Ratanpur, District - Karwadha, Chhattisgarh. 2 - Sandip Lahre S/o Late Pradip Aged About 23 Years R/o Village Loharakampa, Post - Botla, Police Station - Jarhagaon, Tahsil And District - Mungeli, Chhattisgarh. At Present Mahamaya Para, Ratanpur, Police Station - Ratanpur, District - Karwadha, Chhattisgarh. 3 - Suraj Lahre S/o Late Pradip Aged About 18 Years R/o Village Loharakampa, Post - Botla, Police Station - Jarhagaon, Tahsil And District - Mungeli, Chhattisgarh. At Present Mahamaya Para, Ratanpur, Police Station - Ratanpur, District - Karwadha, Chhattisgarh. 4 - Sagar Lahre S/o Late Pradip Aged About 13 Years (Minor Thorough The Mother (Natural Guardian) Rukmani Bai Wd/o Late Pradip, Aged About 40 Year, R/o Village Loharakampa, Post - Botla, Police Station - Jarhagaon, Tahsil And District - Mungeli, Chhattisgarh. At Present Mahamaya Para, Ratanpur, Police Station - Ratanpur, District - Karwadha, Chhattisgarh. ... Appellant(s) versus 1 - Dinesh Singh Rajput S/o Ram Nihora Rajput Occupation - Driver, R/o Village - Jhafal, Police Chowki - Chilfi, Police Station - Lormi, District - Mungeli, Chhattisgarh, (Driver Of The Vehicle Mazda No. C.G. -10-C-6990) 2 - Sher Singh Sahu S/o Vishram Sinsh Sahu Aged About 28 Years R/o Ward No. 09, House No. 05, Chilfi, Police Chowki - Chilfi, Police Station - Lormi, District - Mungeli, Chhattisgarh. (Owner Of The Vehicle Mazda No. C.G. -10-C-6990) VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.08.11 11:07:11 +0530 2 3 - Magama Hdi General Insurance Company Limited Through Branch Manager, Branch Office - Near Rajendra Nagar Chowk, Bilaspur, Police Station - Civil Line, District - Bilaspur, Chhattisgarh. (Insurer Of The Vehicle Mazda No. C.G. -10-C-6990) ... Respondent(s) For Appellant(s) : Mr. Anand Kesharwani, Advocate For Respondents No.1 and 2 : Mr. Aman Kesharwani, Advocate For Respondent No.3 Mr. Sourabh Sharma, Advocate and Ms. Mansi Bande, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (05.08.2026) 1. Heard on admission. 2. Admit. 3. Original record is available. 4. Also heard on I.A. No.01 an application for condonation of delay in filing the appeal. 5. Upon due consideration and for the reasons assigned in the application, the same is allowed. 6. Delay of 42 days in filing the appeal is hereby condoned. 7. With the consent of the parties the matter is heard finally. 8. This appeal arises out of the award dated 08.01.2024 passed by Motor Accident Claims Tribunal, Bilaspur, District - Bilaspur (C.G.), in Claim Case No.604/2022 awarding a compensation of Rs.16,54,600/- with interest @ 9% per annum, in favour of the 3 appellants. 9. Facts of the case are that on 25.02.2022, the deceased, Pradip Kumar, was riding his motorcycle bearing Registration No. C.G.- 10-E.D.-2815 from the house of his brother in Village Khairwar to his native Village Lohrakampa. When he reached near Khairwar Khurd Chowk, Lormi, the respondent No.1, who was driving his offending vehicle in a rash and negligent manner, caused a severe accident. As a result of the accident, the deceased sustained fatal injuries and died on the spot. The matter was reported to the concerned police station and the crime no. 604/2022 has been registered by the police against the respondent(s). 10. Learned counsel for the appellants submits that the income of the deceased has been wrongly assessed at Rs.9,000/- per month, contrary to the evidence produced before the tribunal, as the deceased was working as a Raj Mistri and was earning Rs.36,000/- per month. He further submits that amount the under other heads is also on the lower side. As such, the appeal may be allowed, and the compensation suitably enhanced. 11. On the other hand, learned counsel for the insurance company/respondent No. 3 supported the impugned award with regard to the quantum part. 12. I have heard learned counsel appearing for the parties and perused the record of the Tribunal, including award impugned. 13. Though the appellants/claimants pleaded that the deceased 4 Ghasiram Lahre was working as a Raj Mistri and was earning Rs. 36,000/- per month, no documentary evidence has been produced thereof. Therefore, considering the wage structure on the date of the accident, the income of the deceased is assessed to Rs. 10,100/- per month. 14. The accident occurred on 12.02.2024. The deceased was aged about 44 years. There are total 7 claimants. Considering the age of the deceased, the number of dependents and his occupation, this Count finds that the assessment made by the Tribunal regarding the addition towards future prospects, the deduction towards personal expenses and the multiplier adopted is just and proper. However, the compensation awarded by the Tribunal under other conventional heads is liable to be suitably enhanced. 15. Thus, in light of the aforesaid discussion and judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd V. Pranay Sethi, Sarla Verma & Ors. Vs. Delhi Transport Corpration and Ors and Magma General Insurance Co. Ltd v. Nanu Ram @ Chuhru Ram & Ors, the compensation is recomputed as under:- S.No. Heads Compensation Awarded by the Tribunal Compensation Awarded by this Court 01 Income Rs. 9,000/- Rs. 10,100/- 02 After adding 25% future prospect Rs. 9000+2250 = 11,250/- Rs. 10,100+2525 = 12,625/- 03 1/5th Deduction Rs. 11,250-2250 Rs. 12,625-2525 5 towards personal expenses = 9000/- = 10,100/- 04 After applying multiplier of 14 Rs. 9000x12x14 = 15,12,000/- Rs. 10,100x12x14 = 16,96,800/- 05 Loss of consortium to claimants Rs. 3,08,000/- 48000x7= 3,36,000 07 Loss of estate Rs. 15,000/- Rs. 18,000/- 08 Funeral expenses Rs. 15,000/- Rs. 18,000/- Total Rs. 18,50,000/- Rs. 20,68,800/- 16. Thus, the appellants are entitled to total compensation of Rs. 20,68,800/-. After deducting Rs.18,50,000/- as awarded by the tribunal, the enhancement would be Rs. 2,18,800/-. 17. In the result, the appeal is partly allowed. The claimants/appellants shall be entitled to get Rs. 2,18,800/- in addition to what is already awarded by the claims Tribunal. The enhanced amount shall carry interest @ 6% from the date of filing of the claim petition before the Tribunal till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 18. The Registry is further 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 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 reside. Sd/- (Sanjay Kumar Jaiswal) Judge Vaishali