Nafr High Court
Case Details
Digitally signed by AJINKYA PANSARE Date: 2025.09.26 14:48:12 +0530 1 2025:CGHC:49369 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 979 of 2019 1. Devnarayan S/o Sukhru Sidar Aged About 38 Years R/o Village Supa, P. S. And Tahsil Pusaur, District Raigarh, Civil And Revenue District Raigarh Chhattisgarh. .........Claimants, District : Raigarh, Chhattisgarh 2. Yavraj S/o Late Devnarayan Aged About 21 Years R/o Village Supa, P. S. And Tahsil Pusour, District Raigarh, (C.G.) 3. Minor Kumari Bhavna D/o Devnarayan Sidar Aged About 10 Years Through Natural Guardian Her Brother Yuvraj S/o Late Devnarayan, Aged About 21 Years, R/o Village Supa, P. S. And Tahsil Pusour, District Raigarh, (C.G.) ... Appellant(s) versus
Legal Reasoning
1. Bodh Ram S/o Shri Jaylal Sidar Aged About 45 Years Occupation- Driver, R/o Village- Sarai Bhaddar, Raigarh Tahsil And District Raigarh Chhattisgarh. .....Driver., District : Raigarh, Chhattisgarh 2. Manoj Ram S/o Narsingh Rajput Aged About 30 Years Owner Of Vehicle R/o Jhopadipara, Jutemill Raigarh, Tahsil And District Raigarh Chhattisgarh. ......Owner Of Vehicle, District : Raigarh, Chhattisgarh 3. The New India Insurance Company Limited Through Branch Manager, Near Kewada Badi Bus Stand, Raigarh District Raigarh Chhattisgarh. .....Insurance Company., District : Raigarh, Chhattisgarh 4. Sukhru S/o Kariya Sidar Aged About 60 Years R/o Village- Supa, P. S. And Tahsil- Pusaur, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh 5. Dukhdai W/o Sukharu Sidar Aged About 55 Years R/o Village- Supa, P. S. And Tahsil- Pusaur, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ... Respondent(s) 2 For Appellants : Mr. Manoj Kumar Sinha, Advocate For Respondent No. 2 : Mr. Rajendra Tripathi, Advocate For Respondent No. 3 : Mr. Deepak Gupta, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 25-09-2025 1) This appeal has been preferred by the appellants/ claimants under Section 173 of Motor Vehicle Act, 1988 assailing the award passed by learned First Additional Claims Tribunal, Raigarh in Claim Case No. 105/2018 dated 25.09.2018 whereby learned Tribunal has passed an award to the tune of Rs. 5,55,250/- with interest @ 9% on account of dealth of Savitri Sidar. 2) Facts of the present case are that on 29.11.2017, deceased Savitri Sidar was going along with her brother on motorcycle from Village Supa to District Govt. Hospital, Raigarh and when they reached Petrol Pump situated at Village Sahdevpali, the offending truck bearing registration No. CG-11-AB-0419 being driven by respondent No. 1 in rash and negligent manner, dashed the motorcycle from rear. In the accident, Savitri Sidar sustained grievous injuries and died during the course of treatment. In the claim application, claimants pleaded that at time of accident, deceased was aged 32 years and was earning Rs. 9,000/- per month working in flour mill. 3) Learned counsel for the appellants submits that learned Tribunal has assessed the notional income of deceased Rs. 4,500/- per month whereas as per the minimum wages matrix applicable in the State of Chhattisgarh at the relevant time, minimium wages payable to an unskilled labour was Rs. 7,930/- per month, thus learned Tribunal 3 awarded meager amount for loss of dependency. He further submits that learned Tribunal has considered the age of deceased to be 42 years whereas in the claim application as well as in evidence, claimants pleaded the age of deceased to be 32 years. He contends that learned Tribunal also erred in law in not awarding compensation for future prospects and separate compensation has not been awarded for loss of consortium and other conventional heads. He prays to modify the award accordingly. 4) On the other hand, counsel appearing for the respondent No. 2 opposes. 5) Learned counsel for the respondent No. 3 submits that learned Tribunal has awarded just and proper compensation. He further submits that learned Tribunal has considered the age of deceased on the basis of the age mentioned in post mortem report (Ex. P-3). He prays to dismiss this appeal. 6) Heard learned counsel for the parties and perused the record. 7) In the claim case, claimants could not adduce documentary evidence to prove the age of deceased, therefore learned tribunal on the basis of post mortem report, considered it to be 42 years. I do not find any good ground to interfere with the findings recorded by learned Tribunal with respect to age of deceased, in absence of clinching evidence. 8) It appears that learned Tribunal has assessed the notional income of deceased as Rs. 4,500 per month whereas as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of a unskilled labour in November, 2017 was Rs. 7,930/- and learned Tribunal ought to have considered that figure. The Tribunal has also neither awarded 4 compensation for future prospects, nor has it granted separate compensation to the children of deceased [appellants No. 2 and 3]. It is also pertinent to mention that husband of deceased [appellant No. 1 ] has died and his children [appellants No. 2 and 3] are entitled to receive compensation towards loss of consortium. 9) Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of 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 & Ors.3, this Court is computing the compensation as below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this COurt 1. 2. 3. 4. 5. Annual Income Rs. 4,500 x 12 = Rs. 54,000/- Rs.7,930 x 12 = Rs. 95,160/- Annual Income adding Future Prospect NIL Rs. 95,160 + Rs. 23,790 = Rs. 1,18,950/- (@25%) Annual income after Deduction towards personal expenses (@1/4) Rs.54,000-Rs. 13,500 = Rs.40,500/- Rs.1,18,950-Rs.29,737= Rs.89,213/- (@1/4) Income applying Annual after Multiplier Rs. 5,67,000/- Rs.12,48,982/- (@14) (@14) Income 1/4th Annual after Deduction towards liability of motorcycle driver Rs.5,67,000- Rs.1,41,750= Rs. 4,25,250/- Rs.12,48,982-3,12,245= Rs.9,36,737/- 6. Medical Bills Rs. 60,000/- Rs.60,000/-