Hema Banjare v. Ramdhari Yadav

5. Hema Banjare D/o Mahendra Banjare Aged About 16 Years Minor Through Legal Guardian Mother Smt. Sushila Banjare R/o Kodapar, Satnamipara, Post Kodapara, Thana Kurud, District Dhamtari (Chhattisgarh) ... Appellant(s) versus

1. Ramdhari Yadav S/o Shivmangal Yadav Aged About 40 Years R/o Khempur, Post Nagra, District Ballia (Utter Pradesh) Hall Mukam Maharana Pratap Ward No. 07, Parpapara, Thana Bodhgath, Jagdalpur, District Bastar (Chhattisgarh) (Driver Of The Offending Vehicle Truck No. Cg 17/kw/2568)

2. Laldhari Yadav S/o Shivmangal Yadav Aged About 43 Years R/o Khempur, Post Nagra, District Ballia (Utter Pradesh) Hall Mukam Maharana Pratap Ward No. 07, Parpapara, Thana Bodhgath, Jagdalpur, District Bastar (Chhattisgarh) (Owner Of The Offending Vehicle Truck No. Cg 17/kw/2568) 3. The New India Insurance Company Limited Through Branch Manager, 2nd Floor, Commercial Complex, Behind Of L.I.C. Office, Pandari, Raipur District Raipur (C.G.) (Insurer Of The Offending Vehicle Truck No. Cg 17/kw/2568) ... Respondent(s) For Appellants/Claimants For Respondents No. 1 & 2 For Respondent No. 3/ Insurance company : Ms. Shaleeni Jangde, Advocate holding the brief of Mr. Arjun Lal Singroul, Advocate : Ms. Mamta Patel, Advocate holding the brief of Mr. Galib Dwivedi, Advocate : Mr. Sourabh Sharma, Advocate 2 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

10.10 .2025

1. The appellants have filed this appeal for enhancement of compensation against award passed by the Additional Motor Accident Claims Tribunal, Raipur in Claim Case No. 422/2022 dated 06.10.2023, whereby the learned Tribunal has passed an award to the tune of Rs. 10,28,200/- with interest at the rate of 9% per anum on account of death of Tushar Banjare.

2. Ms. Shaleeni Jangde, Advocate would submit that on 09.02.2022, when the deceased Tushar Banjare was going to village Kodapar on his Scooty bearing registration No. CG 04 HT 4515, near village Saatpara, the driver of the offending Truck bearing registration No. CG 17 KW 2568, driving it rashly and negligently dashed the Scooty of the deceased, consequently, he sustained grievous injuries and died. She would further submit that at the time of accident, age of the deceased was 17 years and he was a bachelor and earning Rs. 10,000/- per month. The claimants who are parents and sisters of the deceased claimed compensation to the tune of Rs. 55,50,000/-. She would also submit that the learned Tribunal has assessed notional income of the deceased at lower side to the tune of Rs. 6,000/- per month. She would contend that in absence of any evidence, the learned Tribunal ought to have applied minimum wages matrix to asses the notional income. She would further contend that in the month of February, 2022, minimum wages payable to unskilled labour was Rs. 9,280/-. She would further submit that the learned Tribunal has not granted compensation for loss of consortium to the claimants No. 3 to 5. She would pray to enhance the compensation accordingly.

3. On the other hand, learned counsel appearing for respondents would 3 oppose. Mr. Sourabh Sharma, Advocate appearing for Insurance company would submit that the learned Tribunal has awarded just and proper compensation and appeal deserves to be dismissed.

4. I have heard learned counsel for the parties and perused the record.

5. Perusal of the record and award would show that the learned Tribunal has assessed notional monthly income of the deceased Rs. 6,000/-, whereas, minimum wages payable to unskilled labour according to minimum wages matrix was Rs. 9,280/-, and thus, the learned Tribunal has assessed loss of dependency at lower side. Further, the learned Tribunal has not granted compensation for loss of consortium to the claimants No. 3 to 5.

6. Considering the facts and circumstance of the case, material available on record and in the light of judgment passed by the Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi, reported in 2017 (16) SCC 680, Sarla Verma & Ors Vs. Delhi Transport Corporation & Ors. reported in 2009(6) SCC 121 and Magma General Insurance Co. Ltd. V. Nanu Ram @ Chuhru Ram & Ors. reported in 2018 (18) SCC 130, award requires reconsideration and the same is being revisited herein-below :- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court

1. Income Rs. 6,000 x12 = Rs. 72,000/- Rs. 9,280 x12 = Rs. 1,11,360/-

2. Future Prospect (40%) = Rs. 28,800/-

3. Deduction (-) 1/2 Rs. 50,400/- Rs. 50,400/- = Rs. (40%) 44,544/- (-) 1/2 Rs. 73,164/- Rs. 77,952/-

4. Multiplier (x) 18 = Rs. 9,07,200/- (x) 18 = Rs.

5. Loss of Estate Rs. 16,500/- 14,03,136/- Rs. 16,500/- 4

9. Funeral expenses Rs. 16,500/- Rs. 16,500/- Loss of Consortium (for appellant No. 1) Rs. 44,000/- Rs. 44,000/- Loss Consortium(for appellant No. 2) Loss Consortium(for appellant No. 3) Loss Consortium(for appellant No. 4) Loss Consortium(for appellant No. 5) Rs. 44,000/- Rs. 44,000/- NIL Rs. 44,000/- NIL Rs. 44,000/- NIL Rs. 44,000/- TOTAL Rs. 10, 28,200/- Rs. 16,56,136/-

7. For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs. 10,28,200/- awarded by the tribunal is enhanced to Rs. 16,56,136/-. Hence, after deducting the amount of Rs. 10,28,200/-, the appellants/claimants are held entitled for an additional amount of Rs. 6,27,936/-. The Insurance company is directed to deposit the amount of compensation as enhanced by this Court within a period of 60 days from the date of receipt of copy of this order. The appellants shall not be entitled to receive any interest for the period of delay caused in filing this appeal. Rest of the conditions of impugned award shall remain intact.

8.Accordingly, the instant appeal is hereby partly allowed. $iddhant Sd/- (Rakesh Mohan Pandey) Judge