Chattisgarh High Court
Smt. Rambha Devi vs Kalap Ram Bhagat on 8 September, 2025
1
2025:CGHC:45701
NAFR
Digitally signed
by ARPAN
SRIVASTAVA
HIGH COURT OF CHHATTISGARH AT BILASPUR
ARPAN
SRIVASTAVA Date:
2025.09.11
11:20:03
+0530
MAC No. 951 of 2019
1 - Smt. Rambha Devi W/o Dinesh Singh Aged About 45 Years R/o Mirajganj,
District Gopalganj (Bihar) At Present Shanti Nagar, Bhilai- 3, Tahsil Patan,
District Durg Chhattisgarh.,
2 - Dinesh Singh S/o Late Swaminath Singh Aged About 50 Years R/o
Mirajganj, District Gopalganj (Bihar), At Present Shanti Nagar, Bhilai-3, Tahsil
Patan, District Durg Chhattisgarh.
3 - Bablu Singh S/o Dinesh Singh Aged About 26 Years R/o Mirajganj, District
Gopalganj (Bihar), At Present Shanti Nagar, Bhilai-3, Tahsil Patan, District
Durg Chhattisgarh.
... Appellants
versus
1 - Kalap Ram Bhagat S/o Pande Ram Bhagat Aged About 35 Years R/o
Urdana, Police Station Kotwali, Raigarh, District Raigarh Chhattisgarh (Driver
Of Trailer No. C G 04, J B 7732).
2 - Narvada Devi Agrawal W/o Late Bhagwan Agrawal adult (not mentioned)
Through Dinesh Agrawal, R/o Kevdabadi, Bus Stand, Police Station Kotwali,
Raigarh, District Raigarh Chhattisgarh...................Owner Of Trailer No. C G -
04, J B 7732.
3 - The New India Insurance Company Limited Through Divisional Manager,
Divisional Office, Chouhan Estate, Near Mourya Talkies, G E Road Bhila,
Tahsil And District Durg Chhattisgarh......................Insurer Of Trailer No. C G -
04, J B 7732.
... Respondents
For Appellants : Mr. Praveen K. Dhurandhar, Advocate.
For Respondent No.3 : Ms. Swati Agrawal, Advocate appears on behalf
of Mr. Pankaj Agrawal, Advocate.
Hon'ble Shri Justice Sachin Singh Rajput,
Order on Board
08.09.2025
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for
short MV Act) has been filed by the appellants/claimants, being
aggrieved by the award dated 31.08.2018 passed by the learned Third
Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) (for short
'tribunal') in Claim Case No. 50/2017.
2. By the impugned award, against a claim of Rs. 295,20,000/- filed under
Section 166 of the M.V. Act by the appellants/claimants, the learned
Tribunal has awarded compensation of Rs.977,200/- in their favor on
account of the death of deceased Dablu Singh in an accident that
occurred on 14.09.2014 by the rash and negligent driving of the
offending vehicle Trailor No. CG04-JB-7732 by Respondent No.1-
Driver, owned by Respondent No.2-Owner and insured with the
Respondent No.3-Insurance Company.
3. As per the pleadings of the claim application, the appellants/ claimants
are the parents and siblings of the deceased, who was aged about 25
years and was engaged in business of renting the Cars rentals in
Chemin C&I Private Limited and was earning of Rs.1,00,000/-(One
Lakh) per month. Therefore, the above stated compensation was
claimed. The claim application was resisted by Respondent No.3 on
various terms including taking the plea of violation of terms and
conditions of the Insurance Policy.
4. Tribunal framed the issues and decided the same in favour of the
appellants in awarded the same above stated compensation by the
impugned award which led to filing of this appeal.
5. Learned counsel for the appellants/claimants submits that the amount
of compensation is on lower side; income of Rs.6,000/- per month
taken by the learned Tribunal is meager; award of compensation on
other admissible head requires to be enhanced by this Court.
6. Ms. Swati Agrawal, oppose the submission and supported the
impugned award submits that no documentary evidence was brought
on record to prove the income of the deceased therefore, taking on the
circumstances, the Tribunal has rightly assessed the monthly income of
the deceased to Rs.6,000/- and awarded the just compensation which
does not require any interference.
7. I have heard learned counsel for the parties, considered their rival
submissions and perused the records.
8. As per pleadings of the claim application, the deceased was engaging
the vehicles on contact in Chemin C&I Private Limited. Paragraph-14 of
the impugned award discloses that this fact has been found to be
proved by the learned Claims Tribunal. The learned Claims Tribunal
also found that Rs.177,869/- was the balance in the passbook of the
deceased on 13.07.2014. Therefore, considering the above stated the
fact assessed the monthly income of the deceased Rs.6,000/-. The
analysis of the evidence would clearly goes to show that the deceased
was engaged in a business of engaging the car in contract to the
company and naturally and had also some earning which is also
reflected from his passbook and, therefore, in the opinion of the Court
the monthly income should have been taken to at least Rs.7,000/- by
the learned Tribunal.
9. As regards the income of the deceased, though the claimants have
pleaded that the deceased was earning Rs. 6,000/- 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. 6,000/- 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. 7,000/- per month as
per minimum wages, the annual income comes to Rs. 84,000/- per
annum. As per National Insurance Company Ltd., Vs. Pranay Sethi
and Others, (2017) 16 SCC 680 after adding 40% towards future
prospects i.e. Rs. 33,600/-, the annual income comes to Rs.
1,17,600/-.
10. Considering the fact that the deceased was aged about 25 years and
the appellants/claimants are the parents and brother of the deceased
so deduction towards personal expenses would be 1/2 (Rs. 58,800/-) of
the income and after deduction of the same the annual dependency
comes to Rs. 58,800/-. 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 18, the total loss of dependency works out to Rs.
10,58,400/-. The claimants are further entitled for Rs. 15,000/- towards
loss of estate and Rs. 15,000/- for funeral expenses. As per 'Magma
General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018
SC 189, the claimants are further entitled for Rs. (40,000/-X3 each i.e.
Rs. 1,20,000/- for consortium. Accordingly, the appellants/claimants i.e.
parents and brother of the deceased would become entitled for total
compensation of Rs. 12,08,400/- in the following manner:-
S.No. Heads Calculation
01 Towards loss of dependency Rs. 10,58,400/-
02 Towards consortium (40,000X3). Rs. 1,20,000/-
03 Towards loss of estate Rs. 15,000/-
04 Towards Funeral Expenses Rs. 15,000/-
Total Rs. 12,08,400/-
11. Thus, the total compensation is recomputed as Rs.12,08,400/-. After
deducting Rs. 9,77,200/- as awarded by the tribunal, the enhancement
would be Rs. 2,31,200/-.
12. In the result, the appeal is partly allowed. The claimants/appellants i.e.
parents and brother of the deceased shall be entitled for the enhanced
amount of Rs. 2,31,200/- in addition to what is already awarded by the
claims Tribunal. The enhanced amount will carry interest @ 6% from
the date of this appeal i.e. 07.05.2019 till its realization. After deposit is
made, learned Tribunal shall pass appropriate order with regard to
apportionment investment and disbursement.
Sd/-
(Sachin Singh Rajput)
Judge
Arpan
