1 2026:CGHC:16489 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1229 of 2019 1 - Onkar Singh Sahu S/o Uday Ram Sahu Aged About 46 Years R/o Near Rawanbhata, Sahu Sadan Road, Ward No. 06, Nagari, Tahsil Nagari, District Dhamtarri Chhattisgarh., District : Dhamtari, Chhattisgarh 2 - Smt. Vijay Sahu W/o Onkar Singh Aged About 44 Years R/o Near Rawanbhata, Sahu Sadan Road, Ward No. 06, Nagari, Tahsil Nagari, District Dhamtarri Chhattisgarh., District : Dhamtari, Chhattisgarh 3 - Ku. Rekhanki Sahu D/o Onkar Singh Aged About 18 Years R/o Near Rawanbhata, Sahu Sadan Road, Ward No. 06, Nagari, Tahsil Nagari, District Dhamtarri Chhattisgarh., District : Dhamtari, Chhattisgarh 4 - Ku. Cheshta Sahu D/o Onkar Singh Aged About 13 Years Minor, Through Natural Guardian Father Namely Onkar Singh Sahu, R/o Near Rawanbhata, Sahu Sadan Road, Ward No. 06, Nagari, Tahsil Nagari, District Dhamtarri Chhattisgarh., District : Dhamtari, Chhattisgarh 5 - Ku. Bhumi Sahu D/o Onkar Singh Aged About 11 Years Minor, Through Natural Guardian Father Namely Onkar Singh Sahu, R/o Near Rawanbhata, Sahu Sadan Road, Ward No. 06, Nagari, Tahsil Nagari, District Dhamtarri Chhattisgarh. (Claimants), District : Dhamtari, Chhattisgarh --- Appellant (s) versus 1 - Jafar Laddi S/o Nasar Laddi Aged About 52 Years Musalman, R/o Risai Para, Dhamtari, Tahsil And District Dhamtari Chhattisgarh. (Driver), District : Dhamtari, Chhattisgarh 2 - Moh. Akaram S/o Mohd. Shafi, Caste Musalman, Aged About 49 Years R/o Sadar Bazar, Dhamtari, Tahsil And District Dhamtari Chhattisgarh. (Owner)., District : Dhamtari, Chhattisgarh 3 - The Oriental Insurance Company Limited Through Branch Manager, Branch Office Ghadi Chowk, Dhamtari, Tahsil And District Dhamtari Chhattisgarh. (Insurer)., District : Dhamtari, Chhattisgarh KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.04.10 18:12:34 +0530 2 --- Respondent(s) For Appellant (s) : Mr. Praveen Dhurandhar, Advocate. For Respondent No.2 : Mr. Kunal Das, Advocate. For Respondent No.3 : Mr. H.P. Agrawal, Advocate. MAC No. 1249 of 2019 1 - The Oriental Insurance Company Limited Through Branch Manager, Branch Office, City Clock Chowk, Dhamtari, Tahsil And District Dhamtari Chhattisgarh. ---(N.A.No.3), District : Dhamtari, Chhattisgarh ---Appellant (s) Versus 1 - Omkar Singh Sahu S/o Udayram Sahu Aged About 46 Years R/o Near Rawanbhata, Sahu Sadan Road, Ward No.6, Nagri, Tahsil Nagri, District Dhamtari Chhattisgarh. ----(Claimants), District : Dhamtari, Chhattisgarh 2 - Smt. Vijay Sahu W/o Omkar Singh Aged About 44 Years R/o Near Rawanbhata, Sahu Sadan Road, Ward No.6, Nagri, Tahsil Nagri, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 3 - Ku. Rekhanki Sahu D/o Omkar Singh Sahu Aged About 18 Years R/o Near Rawanbhata, Sahu Sadan Road, Ward No.6, Nagri, Tahsil Nagri, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 4 - Ku. Chesta Sahu D/o Omkar Singh Sahu Aged About 13 Years Minor Through Natural Guardian Res. No. 1 Father Omkar Singh Sahu, R/o Near Rawanbhata, Sahu Sadan Road, Ward No.6, Nagri, Tahsil Nagri, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 5 - Ku. Bhoomi Sahu D/o Omkar Singh Sahu Aged About 11 Years Minor Through Natural Guardian Res. No. 1 Father Omkar Singh Sahu, R/o Near Rawanbhata, Sahu Sadan Road, Ward No.6, Nagri, Tahsil Nagri, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 6 - Jaffar Ladadi S/o Nasar Ladadi Musalman Aged About 52 Years R/o Risaipara Dhamtari, Tahsil And District Dhamtari Chhattisgarh. ---(Driver), District : Dhamtari, Chhattisgarh 7 - Mohd. Akram S/o Mohd. Safi Aged About 49 Years Caste Musalman, R/o Sadar Bazar Dhamtari, Tahsil And District Dhamtari Chhattisgarh. ---(Owner), District : Dhamtari, Chhattisgarh --- Respondent(s) 3 For Appellant (s) : Mr. HP Agrawal, Advocate. For Respondents No.1 to 5 : Mr. Praveen Dhurandhar, Advocate. (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 09/04/2026 1. Since the aforesaid Appeals arise out of the same accident, they are clubbed together, heard together and are being disposed of by this common order. 2. MAC No.1229 of 2019 has been filed by the claimants seeking enhancement of the award dated 15.3.2019 passed by the Motor Accident Claims Tribunal, Dhamtari (for short ‘the Claims Tribunal’) in Claim Case No.31/2018 by which liability to pay compensation of Rs.7,10,400/- has been fastened on the Insurance Company, whereas MAC No.1249/2019 has been preferred by the Insurance Company seeking setting aside of the impugned award dated 15.3.2019 as also to exonerate it from liability. 3. Mr. H.P. Agrawal, learned counsel for the Insurance Company would submit that both appellants No.1 & 2 are earning members and, therefore, they cannot be treated as dependent in the light of decision of the Hon’ble Supreme Court in the matter of Smt. Sarla Verma & Ors. Vs. Delhi Transport Corporation & Anr.1 (para-15). 1 2009 AIR SCW 4992 4 4. On the other hand, Mr. Praveen Dhurandhar, learned counsel for the appellants/claimants would submit that notional income of the deceased was assessed by the Claims Tribunal at Rs.4,500/-, whereas the notional income of the deceased should have been assessed at Rs.8060/-, inasmuch as the age of the deceased at the time of accident was 23 years, he used to impart tuition and was also doing video shooting and photography and thereby used to earn Rs.25,000/- per month. As such, the impugned award may be modified accordingly. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 6. Though as per the statements of the claimants, appellants No.1 & 2, both, are earning members, but apart from that, 3 other claimants, who were relating to the deceased, were also contributing to the family. As such, appellants No.1 & 2 (claimants) will not be entitled for claim towards consortium. 7. Considering the facts and circumstances of the case, it would be appropriate to enhance award amount by taking notional income of the deceased at Rs.8060/-. As such, the claimants will be entitled for the following compensation as computed by this Court:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Dependency Rs.4,500/- + Rs.8060 + 40% 5 40% (future prospect) = Rs.6300 – ½ (personal expenses) = Rs.3150 x 12 =3700 x 18 = Rs.6,80,400/- (future prospect) = Rs.11,284 – ½ (personal expenses) = 5,642 x 12 = 67,704 x 18 (multiplier) = Rs.12,18,672/- 2. Loss of estate - Rs.18,000/- 3. Funeral expenses Rs.15,000/- Rs.18,000/- 4. Love & affection (consortium) Rs.15,000/- Rs.48,000 x 3 = Rs.1,44,000/- Total Rs.7,10, 400/- Rs.13,98,672/- 8. In view of the aforesaid analysis, the amount of compensation of ₹7,10,400/- awarded by the Claims Tribunal is enhanced to ₹13,98,672/-. Hence, after deducting the amount of ₹7,10,400/-, the claimants are held to be entitled to an additional amount of ₹6,88,272/-. The Insurance Company is directed to deposit the amount of compensation within a period of three months from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 9. With the aforesaid modifications, both the Appeals are disposed of. Sd/- (Sanjay K. Agrawal) Judge Barve