Nafr High Court
Case Details
1 Digitally signed by RAGHVENDRA JAT 2025:CGHC:38541 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1462 of 2017 1 - Smt. Rajkumari Sahu Wd/o Sadaram Sahu Aged About 28 Years R/o Village Tulsi , Thana Simga District Balodabazar Chhattisgarh. , Chhattisgarh. 2 - Jageshwar Sahu S/o Late Sadaram Sahu Aged About 11 Years Minor Through Natural Guardian Mother Rajkumari Sahu Wrongly Written As Rajkumar In Award R/o Village Tulsi , Thana Simga District Balodabazar Chhattisgarh. , District : Balodabazar-Bhathapara, Chhattisgarh. 3 - Dhaneshwar Sahu S/o Late Sadaram Sahu Aged About 7 Years Minor Through Natural Guardian Mother Rajkumari Sahu Wrongly Written As Rajkumar In Award R/o Village Tulsi , Thana Simga District Balodabazar Chhattisgarh. , District : Balodabazar-Bhathapara, Chhattisgarh. 4 - Kumar Sahu S/o Late Sukhiram Sahu Aged About 60 Years R/o Village Tulsi , Thana Simga District Balodabazar Chhattisgarh. , District : Balodabazar-Bhathapara, Chhattisgarh.
Legal Reasoning
5 - (Deleted) Smt. Savitri (Died) As Per Honble Court Order Dated 12- 04-2022. 6 - Ku. Hemlata Sahu D/o Kumar Sahu Aged About 15 Years Minor Through Natural Guardian Father Kumar Sahu R/o Village Tulsi , Thana Simga District Balodabazar Chhattisgarh. , District : Balodabazar-Bhathapara, Chhattisgarh. 2 versus ... Appellant(s) 1 - Narendra Sahu S/o Sajan Sahu R/o Village Bargao, Thana Berla, District Bemetara Chhattisgarh. Non Applicant No. 1 / Driver Of Vehicle No. C. G. 07 / 8425, Chhattisgarh. 2 - Megma H. D. I. General Insurance Company Limited, Through - Officer In Charge Megma H. D. I. General Insurance Company Limited Megma House , 24 Park Street Kolkata W . B. Non Abblicant No. 3/ Insurer Of Vehicle No. C. G. 07 / 8425, District : Kolkata, West Bengal. ... Respondent(s) For Appellant(s) : Mr. Banoon Sambharwal, Advocate on behalf of Mr. Arvind Shrivastava, For Respondent(s) No. 1 : None. Advocate. For Respondent No. 2 : Mr. Sourabh Sharma, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad 04/08/2025 Order on Board 1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, against the award dated 5.11.2016 passed by the learned 1st Additional Motor Accident Claims Tribunal, Raipur, District- Raipur (C.G.), in Claim Case No. 192/2014 whereby an amount of Rs. 4,94,000/- with interest @ 7% per annum has been awarded in the favour of the claimants of the deceased for their irreparable loss. 2. Brief facts of the case, is that on 31.12.2013 at about 12:00 a.m. 3 within the jurisdiction of Police Station Newra, when the Tata vehicle bearing registration No. CG-07/8425, which was being driven in a rash and negligent manner by respondent No. 1, suddenly lost control and turned turtle. Due to the said overturning of the vehicle, Sadaram Sahu, who was traveling therein as a passenger, came under the weight of the vehicle and sustained fatal injuries, resulting in his instantaneous death at the spot. It is submitted that the Learned Tribunal, while deciding the claim petition, has failed to correctly appreciate the facts and evidence on record and has thereby erred in making a proper and just estimation of the compensation payable to the claimants. The compensation so awarded is inadequate and does not meet the principles of just compensation as contemplated under law. Hence, the present appeal has been preferred by the appellants seeking enhancement of the compensation, so as to provide fair, just, and reasonable relief to the dependents of the deceased. Therefore, the appellants/claimants of the deceased preferred an application claiming a total compensation of Rs. 20,87,000/-. 3. The tribunal assessed the income of the deceased at Rs. 3,000/- per month i.e. Rs. 36,000/- per annum. After deduction of 1/4 of the income i.e. Rs. 9,000/- for personal expenses, the amount would be Rs. 27,000/- and considering the age of the deceased 4 to be 26 to 30 years and the appellants/claimants are the wife, children, father and sister of the deceased, the Tribunal applied the multiplier of 17 and calculated the total loss of dependency as Rs. 4,59,000/-. Further Rs. 5,000/- towards funeral expenses, Rs. 5,000/- towards loss of estate and Rs. 25,000/- towards love and affection has been awarded. Accordingly, the Claims Tribunal has awarded total compensation of Rs. 4,94,000/- in favour of the wife and son of the deceased with interest @ 7% per annum, from the date of application till its realization. Hence, this appeal for enhancement. 4. Learned counsel for the appellants/claimants submits that the claims Tribunal has awarded a sum of Rs. 4,94,000/- which is not in accordance with law and the same is required to be enhanced in accordance with law. He further submits that the compensation awarded under other heads is also on lower side and needs to be enhanced. Hence, this appeal may be allowed by enhancing the compensation amount suitably. 5. On the other hand, it has argued on behalf of the counsel for respondent No. 2 that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 6. None for respondent Nos. 1 i.e. driver of the offending vehicle. 7. I have heard learned counsel for the parties and perused the 5 material available on record. 8. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 9. Now this Court shall examine as to whether the compensation of awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 10. As regards the income of the deceased, though the claimants have pleaded that the deceased was earning Rs. 3,500/- 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. 3,000/- 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. 5,163/- per month as per minimum wages, the annual income comes to Rs. 61,956/- per annum. 11. Considering the fact that the deceased was aged about 26 to 30 6 years and the appellant/claimants are the wife, children, father and sister of the deceased so deduction towards personal expenses would be 1/4 (Rs. 15,489/-) of the income and after deduction of the same the annual dependency comes to Rs. 46,467/-. 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 multiplier of 17, the total loss of dependency works out to Rs. 7,89,939/-. The claimants are further entitled for Rs. 18,000/- towards loss of estate (increase of 10% in every three years) and Rs. 18,000/- for funeral expenses (increase of 10% in every three years). As per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the claimants are further entitled for Rs. (40,000X5+10%+10%) each (with increase of 10% in every three years) i.e. Rs. 2,40,000/- for consortium. Accordingly, the appellants/claimants i.e. wife, children, father and sister of the deceased would become entitled for total compensation of Rs. 10,65,939/- in the following manner:- S.No. Heads Calculation 7 01 02 Towards loss of dependency Rs. 7,89,939/- Towards consortium along with Rs. 2,40,000/- with increase of 10% in every three years (40,000X5+10% +10%). 03 Towards loss of estate along Rs. 18,000/- with increase of 10% in every three years. 04 Towards Funeral Expenses Rs. 18,000/- along with increase of 10% in every three years. Total Rs. 10,65,939/- 12. Thus, the total compensation is recomputed as Rs. 10,65,939/-. After deducting Rs. 4,94,000/- as awarded by the tribunal, the enhancement would be Rs. 5,71,939/-. 13. In the result, the appeal is partly allowed. The claimants/appellants i.e. wife, children, father and sister of the deceased shall be entitled for the enhanced amount of Rs. 5,71,939/- in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. Sd/- Raghu Jat Judge (Amitendra Kishore Prasad)