Nafr High Court
Case Details
1 2025:CGHC:27027 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1137 of 2017 1 - Santosh Sahu S/o Shri Dukalu Ram Sahu, Aged About 45 Years Village Dunda, Police Station Tikrapara, Tahsil And District Raipur Chhattisgarh., Chhattisgarh 2 - Puna Ram Sahu, S/o Shri Santosh Sahu, Aged About 22 Years Village Dunda, Police Station Tikrapara, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
Legal Reasoning
3 - Lalaram Sahu S/o Shri Santosh Sahu, Aged About 20 Years Village Dunda, Police Station Tikrapara, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Soniya Sahu D/o Shri Santosh Sahu, Aged About 25 Years Village Dunda, Police Station Tikrapara, Tahsil And District Raipur Chhattisgarh.............. Claimants., District : Raipur, Chhattisgarh ... Appellant(s) versus 1 - Raju Nagaranji S/o Santosh Nagar Aged About 23 Years Occupation Bus Diver, R/o Chhattisgarh Nagar Near Haribhumi Office, Behind H. P. Gas, Police Station Tikrapara, District Raipur Chhattisgarh. Driver Of Alleged Vehicle Bus Bearing Registration No. C G. 04 - E - 3134 . , Chhattisgarh 2 - Sakur Mohammed, S/o Shri Sunhar Mohammed, Aged About 45 Years Occupation Transporter, R/o Kalibadi Chowk, Nehru Nagar, 2 Police Station City Kotwali, District Raipur Chhattisgarh. Owner Of Alleged Vehicle Bus Bearing Registration No. C. G. 04 - E - 3134 , District : Raipur, Chhattisgarh 3 - The Divisional Manager, Through The New India Insurance Company Limited Division Offce Post Box No. 35, First Floor, Madina Building, Jail Road, Raipur. Insurer Of Alleged Vehicle Bus Bearing Registration No. C. G. 04 - E - 3134, District : Raipur, Chhattisgarh ... Respondents For Appellants/claimants : Shri S.P. Sahu, Advocate on behalf of For Respondent : Shri Asheesh Kumar Pandey, No.3/insurance company Advocate Shri C.R. Sahu, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 23/06/2025 1. This is an appeal by the claimants against the award dated 11.5.2017 passed by the 7th Additional Motor Accidents Claims Tribunal, Raipur in Claim Case No.545 of 2015, whereby the Claims Tribunal has granted compensation of Rs.6,24,439 in favour of the claimants fastening liability upon the driver and owner of the offending bus to pay the compensation jointly and severally. 2. The brief facts of the case are that on 10.09.2014, at about 07:30 p.m., the deceased, Smt. Saraswati Sahu, along with her relatives, had gone to Village Ganiyari Kharora to attend a family function. While returning from the function in a bus bearing registration No. CG 04 E 3134, which was being driven in a rash 3 and negligent manner by respondent No.1, the said bus collided with a mobile crane bearing registration No. MH 06 AL 3609 near Kali Mandir, Village Saragaon. As a result of the accident, Smt. Saraswati Sahu sustained grievous injuries. She was initially taken to Mecahara Hospital, Raipur for treatment and was subsequently referred to Medishine Hospital, Raipur. Despite medical intervention, she succumbed to her injuries and passed away on 22.09.2014 at about 9:30 a.m. 3. Learned counsel for the appellants/claimants respectfully submits that the Learned Tribunal has not properly assessed the compensation payable in the present case. It is contended that the income of the deceased has not been correctly computed, and the methodology adopted for assessing the same is neither proper nor in accordance with settled legal principles. In particular, the Tribunal has failed to consider the aspect of future prospects as mandated by the Hon’ble Supreme Court in the case of National Insurance company vs. Pranay Sethi 1 . Furthermore, it is submitted that compensation under the conventional heads, including loss of estate, funeral expenses, and loss of consortium, has not been awarded in accordance with the norms laid down by the Hon’ble Apex Court in the aforementioned judgment. The non- consideration or improper quantification under these heads has led to an unjust and inadequate compensation amount. In view of the above, it is most respectfully prayed that the award passed by 1 (2017) 16 SCC 680 4 the Learned Tribunal may kindly be modified and the compensation amount be enhanced appropriately, in accordance with law and the binding precedents laid down by the Hon’ble Supreme Court. 4. Learned counsel for respondent No.3/Insurance Company has supported the impugned judgment and submitted that the learned Claims Tribunal has rightly assessed the income of the deceased, which does not warrant any enhancement. It is further submitted that the compensation awarded under the conventional heads has also been appropriately determined in accordance with law. Therefore, the appeal preferred by the appellants/claimants is devoid of merit and is liable to be dismissed. 5. I have heard the learned counsel for the parties at length and carefully perused the material available on record, including, in particular, the impugned judgment passed by the learned Claims Tribunal. 6. Upon perusal of the impugned judgment, this Court finds that the learned Claims Tribunal has rightly assessed the income of the deceased at 5,000/- per month. In the absence of any ₹ documentary evidence to establish the exact income of the deceased, the notional income assessed by the Tribunal appears to be reasonable and just. Accordingly, no interference is warranted by this Court on this aspect. 7. However, with regard to the components of future prospects, loss 5 of consortium, loss of estate, and funeral expenses, this Court is of the considered view that the compensation awarded under these heads is not in consonance with the principles laid down by the Hon’ble Supreme Court in Pranay Sethi (supra). Keeping in view the nature of the occupation of the deceased, the date of the accident, prevailing wage structure at the relevant time, cost of living, and other relevant economic indicators, this Court is inclined to enhance the amount of compensation under the following heads: Sn. Heads Calculation 1. 2. 3. 4. 5. 6. 7. Income of the Deceased Rs.60,000/- (Rs.5,000 x 12) Future Prospect 25% Deduction 1/3 Rs.15,000/- Rs.25,000/- Total Income of the Rs.50,000/- (Rs.60,000/- + Deceased Multiplier of 14 Rs.15,000/- - Rs.25,000/-) Rs.7,00,000/- (Rs.50,000 x 14) Loss of Consortium Rs.1,92,000/- Loss of Estate (10% enhancement in every three Rs,18,000/- years) 8. Funeral Expenses (10% enhancement in every three Rs.18,000/- years) 9. Medical Expenses Rs.2,38,439/- Total amount of compensation : Rs.11,66,439/- 8. Accordingly, the total compensation is enhanced to Rs.11,66,439/- from Rs.6,24,439/-. Thus, there is an 6 enhancement of Rs.5,42,000/-, which shall carry interest at the same rate as awarded by the Tribunal (6% p.a.) from the date of claim petition till realization. 9. As a result, the appeal is allowed in part. The award dated 11.05.2017 is modified to the extent indicated above. Rest of the terms and conditions of the Tribunal’s award remain intact. 10. The Registry is directed to intimate the claimants in writing regarding the enhanced amount. Certified Copy as per rules. Sd/- (Amitendra Kishore Prasad) JUDGE ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Gopal Singh/Saxena