Dharmendra v. Santosh Kumar

2. Dharmendra, S/o Late Shri Ramprasad, Aged about 20 years Both are R/o Village Angara, Thana & Tahsil Kurud, Distt. Dhamtari (C.G.) (Claimants) ... Appellants versus

Santosh Kumar, S/o Angluram, by Caste Sinha, Aged about 46 years, R/o Magarload, Thana & Tahsil Magarload, Distt. Dhamtari (C.G.) (Driver of Vehicle No.CG-27/H-3848)

Dineshwar Kumar Shori, S/o Late Shri Khammn Lal Shori, Aged about 27 years, R/o R.E.S. Colony, Dhanora, Thana Dhanora Tija, Distt. Kondagaon (C.G.) (Owner of Vehicle No.CG-27/H-3848)

Reliance General Insurance Company Limited, Office Shop No. 516, Fifth Floor, National Corporate Park Commercial Complex, G.E. Road, Raipur, Tahsil & Distt. Raipur (C.G.) (Insurer of Vehicle No.CG-27/H-3848) ... Respondents For Appellants : Mr. Sunil Sahu, Advocate. For Respondent No.3 : Mr. Saurabh Gupta, Advocate, on behalf of Mr. Sourabh Sharma, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal (MAC No.3/2023) Judgment on Board 14/08/2025

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act of 1988’) has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 2-12-2022 passed by the Additional Motor Accident Claims Tribunal, Dhamtari, District Dhamtari in Claim Case No.45/2021, whereby the learned Claims Tribunal has awarded a total sum of ₹ 11,64,852/- as compensation for the death of Ramprasad, who was a Milk Seller, aged about 50 years at the time of incident. The appellants herein/claimants are wife and daughter, respectively, of deceased Ramprasad.

2. Mr. Sunil Sahu, learned counsel appearing on behalf of the appellants herein/claimants, would submit that monthly income of the deceased has taken less which ought to have been taken as ₹ 8,960/-, therefore, the compensation should be enhanced.

3. Mr. Saurabh Gupta, Advocate, appearing on behalf of Mr. Sourabh Sharma, learned counsel for respondent No.3/ Insurance Company, would support the impugned award and oppose the appeal.

I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection. (MAC No.3/2023)

The learned Claims Tribunal has assessed the monthly income of deceased Ramprasad to be ₹ 8,060/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the Office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased should be ₹ 8,960/- (as per minimum wages prescribed at relevant time) and ₹ 1,07,520/- per annum.

Thus, considering the evidence available on record and that the deceased was Milk Seller, 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. v. 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:- S. No. Heads Compensation awarded by the Tribunal

1. Income ₹ 8,060/-

2. Future Prospect

3. Deduction (+) 25% i.e. ₹ 2,015; total monthly income = ₹ 8,060 + 2,015 = ₹ 10,075/- (-) 1/3 = ₹ 3,358/- ₹ 10,075 – 3,358 = ₹ 6,717/- (total monthly income) Compensation awarded by this Court/New Calculation ₹ 8,960 x 12 = ₹ (Yearly 1,07,520/- Income) (+) 25% i.e. ₹ 26,880 total yearly income = ₹ 1,07,520 + 26,880 = ₹ 1,34,400/- (-) 1/3 = ₹ 44,800/- ₹ 1,34,400 – 44,800 = ₹ 89,600/- (total yearly income) 1 2 3