Chattisgarh High Court
Smt. Sona Shukla vs Moh. Ilyas on 8 April, 2025
1
Digitally
signed by
SOURABH
SOURABH PATEL
2025:CGHC:16485
PATEL Date:
2025.04.09
16:04:07
+0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 541 of 2017
1. Smt. Sona Shukla Widow of Ugrasen Shukla, Aged About
47 Years, R/o Kota, Police Station Saraswati Nagar, Raipur,
Tahsil And District Raipur, Chhattisgarh.
2. Ugrasen Shukla S/o Late R.P.Shukla, Aged About 50 Years
R/o Kota, Police Station Saraswati Nagar, Raipur, Tahsil
And District Raipur, Chhattisgarh.
3. Seema Shukla S/o Shri Ugrasen Shukla, Aged About 24
Years, R/o Kota, Police Station Saraswati Nagar, Raipur,
Tahsil And District Raipur, Chhattisgarh.
... Appellants/Claimants
versus
1. Moh. Ilyas S/o Mohammad Isak, Aged About 33 Years, R/o
House No.61, Mominpara, Near Masjid, Raipur, Town And
District Raipur, Chhattisgarh.
2. Vijay Gupta S/o Shri Ram Gupta, R/o Station Para
Mahasamund, Tahsil And District Mahasamund,
Chhattisgarh.
3. The New India Insurance Company Limited, Through:
Divisional Manager, Divisional Office, Madina Building,
Kachhari Chowk, Jail Road, Raipur, District Raipur,
Chhattisgarh. ... Respondents
2
_______________________________________________________________
For Appellants/Claimants : Ms. Prachi Singh, Advocate on
behalf of Mr. Raghvendra
Pradhan, Advocate.
For Respondent No. 3 : Mr. Hanuman Prasad Agrawal,
Advocate.
For other Respondents : None.
_______________________________________________________________
Hon'ble Shri Justice Sanjay Kumar Jaiswal, J.
Order on Board
(08.04.2025)
1. This appeal arises out of the impugned award dated
05.02.2015 passed by the Motor Accident Claims Tribunal,
Raipur (C.G.) in Claim Case No. 46/2012 awarding a
compensation of Rs. 12,72,000/- with interest @ 6% per
annum from the date of application, in favour of the
appellants/claimants for their irreparable loss.
2. The averment in the claim petition, in short, is that on
12.05.2012, a truck bearing registration No. CG-04-ZC-
6652 driven by Respondent No. 1 in a rash and negligently
manner and caused an accident near the RTI hostel on the
national highway. As a result of which Nilesh Kumar
Shukla (now deceased) suffered grievous injury and died.
After that, a report was lodged based on the above stated
offence. It is stated that on the date of the incident, the age
of the deceased was 30 years who was working as a
Assistant Manager in India Infoline Ltd and was earning
Rs. 2,04,000/- per month from his work. Due to the casual
death of the son/brother of the appellants/claimants, there
is an irreparable loss to the appellants. Therefore, the
appellants preferred an application to claim a total
compensation of Rs. 77,00,000/- for their irreparable loss.
3. The learned Claims Tribunal based on the pleadings of the
parties, framed issues and, after appreciation of evidence
and material available on record, the income of the
deceased was taken as Rs.2,04,000/- per annum as per
documentary evidence (Ex-P/5) produced by the claimants.
Further, the age of the deceased was considered as 30
years at the time of the accident and applied 10% future
prospects to the income of the deceased. Learned Tribunal
found that claimants are mother, father and sister of the
deceased, so deduction towards personal and caring
expenses would be 1/2, and after applying a multiplier of
11, the total loss of dependency works out to Rs.
12,32,000/- and Rs.40,000/- has been awarding on other
heads. Thus, total compensation of Rs. 12,72,000/- with
interest @ 6% per annum, in favour of the
appellants/claimants. Hence, this appeal for enhancement.
4. Learned counsel for the appellants/claimants submits that
the learned claims Tribunal have not properly considered
the future prospect of the deceased. He further submits
that the learned claims Tribunal ought to have applied the
multiplier of 17 instead of 11. Learned counsel for
appellants also submits that the Tribunal has awarded
lesser compensation under other heads which also needs to
be enhanced suitably. Therefore, this appeal may be
allowed.
5. On the other hand, it has argued on behalf of the counsel
for respondent No. 3 that in the facts and circumstances of
case, the compensation awarded by the Learned Claims
Tribunal is just and proper and requires no further
enhancement.
6. Heard counsel for the parties and perused the documents
available on record.
7. 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.
8. Now this Court shall examine as to whether the
compensation of Rs.12,72,000/- awarded by the Tribunal is
just and proper compensation in the given facts and
circumstances of the case.
9. As regards income of the deceased, though the claimants
have pleaded that the deceased was earning Rs.2,04,000/-
per annum from the work of Assistant manager (permanent
job) which was proved by documentary evidence in support
thereof has been adduced, therefore, I find it appropriate to
take income of deceased as Rs. 2,04,000/- per annum. As
per National Insurance Company Ltd., Vs. Pranay Sethi
and Others, (2017) 16 SCC 680 after adding 50% towards
future prospects i.e. Rs.1,02,000/-, the annual income of
the deceased comes to Rs. 3,06,000/-.
10. The deceased was aged about 30 years and was unmarried
and the claimants are the mother, father and sister of the
deceased so deduction towards personal and caring
expenses would be 1/2, as has rightly held by the Tribunal,
the annual dependency comes to Rs. 1,53,000/-. 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 considering the age of the deceased,
after applying multiplier of 17, the total loss of dependency
works out to Rs. 26,01,000/-. The claimants are further
entitled for loss of estate Rs. 15,000/-, for funeral expenses
Rs. 15,000/- and as per 'Magma General Insurance Co.
Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, the
claimants are further entitled for loss of love and affection
Rs. 40,000/- each i.e. Rs.1,20,000/-. Therefore, the
claimants would become entitled for total compensation of
Rs. 27,51,000/-. Thus, the claimants are entitled for
compensation in the following manner:-
S.No. Heads Calculation
01 Compensation towards Rs. 26,01,000/-
dependency
02 Towards loss of estate Rs. 15,000/-
03 Towards Love and affection to Rs. 1,20,000/-
all the two claimants @ Rs.
40,000/-
04 Funeral Expenses Rs. 15,000/-
Total compensation Rs. 27,51,000/-
Awarded
11. Thus, the total compensation is recomputed as Rs.
27,51,000/-. After deducting Rs. 12,72,000/- as awarded
by the tribunal, the enhancement would be Rs.
14,79,000/-.
12. In the result, the appeal is partly allowed. The claimants
shall be entitled to Rs. 14,79,000/- 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. It is made
clear that the remaining amount of award shall be paid by
the insurance company.
13. The Registry is further directed to communicate the
claimants in writing "the enhanced amount" in this appeal
as against the award made by the Tribunal below. The said
communication be made in Hindi Deonagri language and
the help of paralegal workers may be availed with a co-
ordination of Secretary, Legal Aid of the concerned area
wherein the claimants resides.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Sourabh P.
