High Court of Chhattisgarh
Case Details
1 2025:CGHC:45701 NAFR ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2025.09.11 11:20:03 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 951 of 2019 1 - Smt. Rambha Devi W/o Dinesh Singh Aged About 45 Years R/o Mirajganj, District Gopalganj (Bihar) At Present Shanti Nagar, Bhilai- 3, Tahsil Patan, District Durg Chhattisgarh., 2 - Dinesh Singh S/o Late Swaminath Singh Aged About 50 Years R/o Mirajganj, District Gopalganj (Bihar), At Present Shanti Nagar, Bhilai-3, Tahsil Patan, District Durg Chhattisgarh. 3 - Bablu Singh S/o Dinesh Singh Aged About 26 Years R/o Mirajganj, District Gopalganj (Bihar), At Present Shanti Nagar, Bhilai-3, Tahsil Patan, District Durg Chhattisgarh. ... Appellants versus 1 - Kalap Ram Bhagat S/o Pande Ram Bhagat Aged About 35 Years R/o Urdana, Police Station Kotwali, Raigarh, District Raigarh Chhattisgarh (Driver Of Trailer No. C G 04, J B 7732). 2 - Narvada Devi Agrawal W/o Late Bhagwan Agrawal adult (not mentioned) Through Dinesh Agrawal, R/o Kevdabadi, Bus Stand, Police Station Kotwali, Raigarh, District Raigarh Chhattisgarh...................Owner Of Trailer No. C G - 04, J B 7732. 3 - The New India Insurance Company Limited Through Divisional Manager, Divisional Office, Chouhan Estate, Near Mourya Talkies, G E Road Bhila, Tahsil And District Durg Chhattisgarh......................Insurer Of Trailer No. C G - 04, J B 7732. ... Respondents For Appellants
Legal Reasoning
: Mr. Praveen K. Dhurandhar, Advocate. For Respondent No.3 : Ms. Swati Agrawal, Advocate appears on behalf of Mr. Pankaj Agrawal, Advocate. 2 Hon'ble Shri Justice Sachin Singh Rajput, Order on Board 08.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short MV Act) has been filed by the appellants/claimants, being aggrieved by the award dated 31.08.2018 passed by the learned Third Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) (for short ‘tribunal’) in Claim Case No. 50/2017. 2. By the impugned award, against a claim of Rs. 295,20,000/- filed under Section 166 of the M.V. Act by the appellants/claimants, the learned Tribunal has awarded compensation of Rs.977,200/- in their favor on account of the death of deceased Dablu Singh in an accident that occurred on 14.09.2014 by the rash and negligent driving of the offending vehicle Trailor No. CG04-JB-7732 by Respondent No.1- Driver, owned by Respondent No.2-Owner and insured with the Respondent No.3-Insurance Company. 3. As per the pleadings of the claim application, the appellants/ claimants are the parents and siblings of the deceased, who was aged about 25 years and was engaged in business of renting the Cars rentals in Chemin C&I Private Limited and was earning of Rs.1,00,000/-(One Lakh) per month. Therefore, the above stated compensation was claimed. The claim application was resisted by Respondent No.3 on various terms including taking the plea of violation of terms and conditions of the Insurance Policy. 3 4. 5. Tribunal framed the issues and decided the same in favour of the appellants in awarded the same above stated compensation by the impugned award which led to filing of this appeal. Learned counsel for the appellants/claimants submits that the amount of compensation is on lower side; income of Rs.6,000/- per month taken by the learned Tribunal is meager; award of compensation on other admissible head requires to be enhanced by this Court. 6. Ms. Swati Agrawal, oppose the submission and supported the 7. 8. impugned award submits that no documentary evidence was brought on record to prove the income of the deceased therefore, taking on the circumstances, the Tribunal has rightly assessed the monthly income of the deceased to Rs.6,000/- and awarded the just compensation which does not require any interference. I have heard learned counsel for the parties, considered their rival submissions and perused the records. As per pleadings of the claim application, the deceased was engaging the vehicles on contact in Chemin C&I Private Limited. Paragraph-14 of the impugned award discloses that this fact has been found to be proved by the learned Claims Tribunal. The learned Claims Tribunal also found that Rs.177,869/- was the balance in the passbook of the deceased on 13.07.2014. Therefore, considering the above stated the fact assessed the monthly income of the deceased Rs.6,000/-. The analysis of the evidence would clearly goes to show that the deceased was engaged in a business of engaging the car in contract to the company and naturally and had also some earning which is also reflected from his passbook and, therefore, in the opinion of the Court 4 the monthly income should have been taken to at least Rs.7,000/- by the learned Tribunal. 9. As regards the income of the deceased, though the claimants have pleaded that the deceased was earning Rs. 6,000/- per month from his work, but no documentary evidence in this regard has been produced by the claimants. The learned claims Tribunal has assessed the income of the deceased as Rs. 6,000/- per month. Therefore, in absence of any reliable evidence regarding income of the deceased, keeping in mind the nature of occupation, date of accident, price index and cost of living etc. especially notification by Labour Department for minimum wages. Upon considering the aforementioned factors, I find it appropriate to take income of deceased as Rs. 7,000/- per month as per minimum wages, the annual income comes to Rs. 84,000/- per annum. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 after adding 40% towards future prospects i.e. Rs. 33,600/-, the annual income comes to Rs. 1,17,600/-. 10. Considering the fact that the deceased was aged about 25 years and the appellants/claimants are the parents and brother of the deceased so deduction towards personal expenses would be 1/2 (Rs. 58,800/-) of the income and after deduction of the same the annual dependency comes to Rs. 58,800/-. In view of judgment of the Hon’ble Supreme Court in Sarla Verma (Smt.) and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 and National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 and also considering the age of the deceased, after applying 5 multiplier of 18, the total loss of dependency works out to Rs. 10,58,400/-. The claimants are further entitled for Rs. 15,000/- towards loss of estate and Rs. 15,000/- for funeral expenses. As per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the claimants are further entitled for Rs. (40,000/-X3 each i.e. Rs. 1,20,000/- for consortium. Accordingly, the appellants/claimants i.e. parents and brother of the deceased would become entitled for total compensation of Rs. 12,08,400/- in the following manner:- S.No. Heads Calculation 01 02 03 04 Towards loss of dependency Rs. 10,58,400/- Towards consortium (40,000X3). Rs. 1,20,000/- Towards loss of estate Towards Funeral Expenses Rs. 15,000/- Rs. 15,000/- Total Rs. 12,08,400/- 11. Thus, the total compensation is recomputed as Rs.12,08,400/-. After deducting Rs. 9,77,200/- as awarded by the tribunal, the enhancement would be Rs. 2,31,200/-. 12.
Decision
In the result, the appeal is partly allowed. The claimants/appellants i.e. parents and brother of the deceased shall be entitled for the enhanced amount of Rs. 2,31,200/- in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of this appeal i.e. 07.05.2019 till its realization. After deposit is made, learned Tribunal shall pass appropriate order with regard to apportionment investment and disbursement. Sd/- (Sachin Singh Rajput) Judge Arpan