Smt. Rupali Raut Wd/o Manoj Kumar Raut v. Dr. Sanjay Tripathi

Mr. Rakesh Thakur, Advocate Mr. Anil Gulati, Advocate None 2 (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 24/07/2026

#1. Heard on I.A.No.1 condonation of delay in filing the appeal. For the reasons stated in the application which is supported by the affidavit of appellant no.1 and since this appeal is preferred by claimants, delay of 933 days is condoned. Application is allowed. Heard on admission. Admit. Records received. Heard finally.

#2. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed seeking enhancement of compensation, challenging the impugned award dated 23.02.2023 passed by the learned 11th Additional Motor Accident Claims Tribunal, Raipur in Claim Case No.72/2022 whereby a total compensation of Rs.29,67,531/- has been awarded for the death of deceased.

#3. Brief facts of the case are that the deceased Manoj Kumar Raut, aged about 49 years, died during treatment on 07.12.2021 on account of a motor accident which took place on 03.12.2021 due to rash and negligent driving of respondent no.1. Appellant no.1 is widow and appellants 2 & 3 are son and daughter and appellant no.4 is mother of deceased. They being legal heirs filed claim application seeking a total compensation of Rs.54,60,000/- on various heads.

#4. The learned claims Tribunal on a close scrutiny of the evidence brought 3 on record and as per the income tax return (Ex.P-14) took the annual income of deceased as Rs.2,27,900/-. Further looking to the age group of deceased (46 to 50 years) and the number of dependents, added 25% future prospectus, deducted 1/4th towards personal expenses and applied multiplier of 13 and thus worked out the total loss of dependency at Rs.27,77,531/-. Further more, Rs. 1,90,000/- has been awarded on other heads. Thus a total compensation of Rs. 29,67,531/- has been awarded for the death of deceased in favour of the appellants with interest @ 9% per annum from the date of application till its realisation.

#5. Learned counsel for the appellants does not touch the total loss of dependency worked out by the Tribunal and only confines his argument to the amounts granted under the other conventional heads. He submits that applying the settled principle of 10% automatic enhancement for every three years, the total amount granted under these heads needs to be suitably enhanced.

#6. Learned counsel for respondent no.3/Insurer submits that the Tribunal has passed the just award which needs no interference.

#7. Heard learned counsel for the parties, considered their rival submissions and perused the record with utmost circumspection.

#8. Since the total loss of dependency worked out by the Tribunal is in conformity with the settled principles laid down by the Supreme Court which is not disputed by the appellants, this Court is inclined to only touch the amounts granted under the other conventional heads. The amounts granted by the Tribunal under these heads i.e., Rs.15,000/- for loss of estate; Rs.15,000/- for funeral expenses and Rs. 1,60,000/- for loss of consortium for four claimants appear to be slightly on lower side.

#9. In view of the decisions of the Supreme Court rendered in National 4 Insurance Company Ltd. Versus Pranay Sethi (2017) 16 SCC 680; Sarla Verma Vs. Delhi Transport Corporation (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. Versus Nanu Ram @ Chuhru Ram (2018) 18 SCC 130 , this Court is computing the compensation as below : Sl.No. Heads Total loss of dependency or loss of income Compensation awarded by Tribunal Compensation awarded by this Court Rs.27,77,331- Rs.27,77,531/- (unchanged) Loss of estate 15,000/- 16,500/- Funeral expenses 15,000/- 16,500/- Loss of consortium or loss of love and affection 1,60,000/- x 4 44,000 dependents 1,76,000/- Total Rs. 29,67,531/-- Rs. 29,86,531/-

#10. In view of the aforesaid analysis, the amount of compensation of Rs. Rs. 29,67,531/- awarded by the Claims Tribunal is enhanced to Rs. 29,86,531/- Hence, after deducting the amount of Rs. 29,67,531/-, the appellants held entitled for an additional sum of Rs.19,000/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact.

#11. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- Sanjay Kumar Jaiswal Judge Rao