Center, Infront Of Rajeev Plaza, Old Bus Stand Road, Thana Civil Lines v. Set Bai

:- Ms. Swati Agrawal, Advocate on behalf of Mr. Pankaj Agrawal, Advocate For Respondent Nos.1 to 5 :- Mr. Anand Kesharwani, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board

04.08.2025

1. The appellant-insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) calling in question the legality, validity and correctness of impugned award dated

13.05.2022 (Annexure A/1), passed by learned III Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, Chhattisgarh, by which the Claims Tribunal has held that the offending vehicle was duly insured by the appellant-insurance company on the date of accident and the liability to pay the amount of compensation to the tune of Rs. 18,25,480/- along with 3 (MAC No. 963 of 2022) 9% interest from the date of claim application has been fastened upon the insurance company and in which the claimants have also filed cross-objection for enhancement of the award of compensation.

2. Ms. Swati Agrawal, learned counsel for the appellant - insurance company would submit that the offending vehicle bearing No.JH-01-BH-0626 was not involved in the accident and has been falsely implanted in the incident to fasten the liability to pay compensation upon the insurance company as the FIR was lodged after two days and the vehicle was seized after an inordinate and unexplained delay of 21 days, which casts serious doubt on its involvement in the accident and, therefore, the insurance company is not liable to pay the amount of compensation.

3. Mr. Anand Kesharwani, learned counsel for the claimants/ respondents Nos.1 to 5 would support the impugned award and submit that this appeal is liable to dismissed. He would further submit that the amount of compensation may kindly be enhanced as the compensation awarded by the learned Claims Tribunal is on the lower side. 4 (MAC No. 963 of 2022)

4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records with utmost circumspection.

5. Though the specific plea of falsely implanting the offending vehicle has been taken by the appellant-insurance company but no evidence has been led on behalf of the appellant-insurance company to establish the plea with regard to false implantation and merely on the ground that FIR was lodged after two days and the offending vehicle was seized after a delay of 21 days, it cannot be held that the offending vehicle was not involved in the accident and it would not lead to the rejection of claimants’ claim. As such, the appeal of the insurance company deserves to be and is accordingly dismissed as no other point has been raised.

6. Now, it is the case of the claimants that at the time of incident, as per the Chhattisgarh Minimum Wages Notification issued by the Office of the Labour Commissioner, Chhattisgarh, the minimum income of the deceased, who was an unskilled labour, is to be taken as Rs.8,860/-, per month i.e. Rs.01,06,320/- per annum. It is also the case of the claimants that the learned Claims 5 (MAC No. 963 of 2022) Tribunal has erred in awarding compensation under the other heads also.

7. In view of the above submission made by the claimants, this Court is computing the compensation as below :- Heads Tribunal New Calculation Income as per minimum wages. Rs. 7,800 x 12 = Rs. 93,600/- Per Annum Rs. 8,860 x 12 = Rs. 1,06,320/- Per Annum Deduction towards personal expenses of the deceased (1/4) Rs. 93,600 – 23,400= Rs.70,200/- Per Annum 1,06,320 – Rs. 26580= Rs.79,740/- Per Annum Future prospects 40% of Rs.70,200/- is Rs.28,080 and Rs.98,280/- 40% of Rs.79,740/- is Rs.31,896/- and Rs.1,11,636/- Multiplier Loss dependency Funeral expenses 16 x 98,280 Rs.15,72,480/- = 16 x 1,11,636/- = 17,86,176/- Rs.16,500/- Rs.16,500/- Loss of Estate Rs.16,500/- Rs.16,500/- Loss Consortium Rs.2,20,000/- Rs.2,20,000/- Total Rs.18,25,480/- Rs. 20,39,176/-

8. In view of the aforesaid analysis, the amount of compensation of Rs.18,25,480/- awarded by the Claims Tribunal is enhanced to Rs.20,39,176/-. Hence, after deducting the amount of Rs.18,25,480/-, the claimants are entitled for an additional amount of Rs.2,13,696/-. The concerned respondent is directed to deposit the amount of 6 (MAC No. 963 of 2022) compensation as enhanced by this Court within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of the claim application before the Tribunal i.e. 21.10.2020 till its realization. Rest of the conditions of the impugned award shall remain intact.

9. Accordingly, the appeal of appellant-insurance company is dismissed, however, the cross-appeal filed by the claimants under Order 41 Rule 22 of the Code of Civil Procedure is allowed to the above extent. The concerned Tribunal shall pass appropriate order with regard to apportionment, investment and disbursement of the enhanced amount of compensation. @d!t! Sd/- (Sanjay K. Agrawal) Judge