Chattisgarh High Court
Bhadaru Ram Mourya vs Arjun Nag on 16 September, 2025
1
Digitally signed
by RAMESH
KUMAR VATTI 2025:CGHC:47460
Date: 2025.09.18
19:36:48 +0530 NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 727 of 2019
1 - Bhadaru Ram Mourya S/o Sudar Ram Mourya Aged About 48 Years R/o
Bhadugudapara Chhote Morathpal Post Morathpal P.S. Parpa, District :
Bastar(Jagdalpur), Chhattisgarh
2 - Miss Anita Mourya D/o Bhadaru Ram Mourya Aged About 19 Years R/o
Bhadugudapara Chhote Morathpal Post Morathpal P.S. Parpa, District :
Bastar(Jagdalpur), Chhattisgarh
3 - Loknath Mourya S/o Bhadaru Ram Mourya Aged About 18 Years R/o
Bhadugudapara Chhote Morathpal Post Morathpal P.S. Parpa, District :
Bastar(Jagdalpur), Chhattisgarh
4 - Miss Sangeeta Mourya D/o Bhadaru Ram Mourya Aged About 13 Years
Minor Through Her Natural Guardian Father Shri Bhadaru Ram Mourya App.
No.1, R/o Bhadugudapara Chhote Morathpal Post Morathpal P.S. Parpa,
District : Bastar(Jagdalpur), Chhattisgarh
... Appellants/Claimants
Versus
1 - Arjun Nag S/o Lakhmu Ram Nag Aged About 40 Years R/o Village
Takraguda P.S. Bandaji District- Bastar, Chhattisgarh............(Driver Of The
Vehicle), District : Bastar(Jagdalpur), Chhattisgarh
2 - M/s Maa Sharda Construction Through Its Director, Maa Sharda Nagar
Dongaripara House No. 35/136 Adarsh Sindhu Nagar Colony Aghanpur
Kangoli Jagdalpur District- Bastar, Chhattisgarh...................(Owner Of The
Vehicle), District : Bastar(Jagdalpur), Chhattisgarh
3 - The New India Assurance Com. Ltd. Through Branch Manager Branch
Office Opposite Bhadouriya Bhawan Court Road Jagdalpur, District- Bastar,
Chhattisgarh..............(Insurer)...........(Non-Claimants), District : Bastar
(Jagdalpur), Chhattisgarh
... Respondents
For Appellants/Claimants : Mr. Vikas Patel, Advocate holding the
brief of Mr. Pravin Kumar Tulsyan,
Advocate
For Respondent No. 3/ : Mr. Deepak Gupta, Advocate
Insurance Company
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
16/09/2025
1. The appellants/claimants have filed this appeal under Section 173 of
the Motor Vehicles Act, 1988 for enhancement of compensation
against the award passed by the learned Motor Accident Claims
Tribunal, Bastar, Place Jagdalpur (C.G.) in Claim Case No. 139/2018
dated 08.02.2019, wherein and whereby the learned Clams Tribunal
directed the Insurance Company/respondent No. 3 to make payment of
compensation to the tune of Rs.8,00,056/- along with the interest @
9% per annum to the claimants on account of death of Smt. Neela
Mourya aged about 42-45 years at the time of accident.
2. Mr. Vikas Patel, learned counsel appearing for the appellants/claimants
would submit that the deceased was a labour who died on 11.07.2018
in a road accident on account of rash and negligent driving of the
offending vehicle - Tipper bearing No. CG-17/H/2090. He would
contend that the offending vehicle was insured with respondent No. 3.
He would submit that the learned Tribunal considered the notional
income of the deceased at lower side, whereas according to minimum
wages prevailing in the State of Chhattisgarh in the year 2018 for
unskilled labour was Rs.8,100/- per month. He would further submit
that the learned Claims Tribunal has also not awarded actual
compensation for loss of consortium to claimants No. 2 to 4. He would
further submit that as the number of the dependents are four, the
learned Claims Tribunal ought to have deducted 1/4th for personal
expenses of the deceased. He would pray to re-visit on the
compensation.
3. On the other hand, Mr. Deepak Gupta, learned counsel appearing for
respondent No.3/Insurance Company would oppose. He would
contend that the learned Claims Tribunal passed just and proper
award. He would submit that the appeal deserves to be dismissed.
4. Heard learned counsel for the parties and perused the records of the
learned Claims Tribunal.
5. As the deceased died on 11.07.2018, the learned Claims Tribunal
assessed the monthly income of deceased Smt. Neela Mourya
Rs.5,000/- per month, whereas minimum wages payable to unskilled
labour as per Chhattisgarh Minimum Wages Notification issued by the
office of Labour Commissioner, Chhattisgarh at the relevant time was
Rs.8,100/-. The learned Tribunal has wrongly deducted 1/3rd towards
personal & living expenses of the deceased, whereas it should have
been 1/4th as there are four dependents of the deceased. It is further
noticed that the learned Tribunal has only awarded Rs.10,000/- to
claimants No. 2 to 4 each towards loss of consortium and it should
have been Rs.40,000/- each.
6. Thus, in light of the aforesaid discussion and in light of the judgments
of the Hon'ble Supreme Court rendered in the matters of National
Insurance Company Ltd. Vs. Pranay Sethi, reported in (2017) 16
SCC 680; Sarla Verma & Ors. Vs. Delhi Transport Corporation &
Ors., reported in (2009) 6 SCC 121 and Magma General Insurance
Co. Ltd. Vs. Nanu Ram @ Chuhru Ram & Ors., reported in (2018)
18 SCC 130. The award was passed on 08.02.2019 and according to
the law laid down by the Hon'ble Supreme Court in the matter of
Pranay Sethi (supra), there should be 10% enhancement on
conventional heads, namely, loss of estate, loss of consortium and
funeral expenses after a lapse of 03 years. As 06 years have elapsed,
therefore, it would be appropriate to enhance the compensation on
conventional heads by 20%, therefore, this Court is computing the
compensation as below:-
Sr. Heads Compensation Compensation
No. awarded by the awarded by this
Tribunal Court
1. Income as per Rs.5,000/- Rs.8,100/-
minimum wages per month per month
2. Future prospects Rs.1,250 + 5,000/- = Rs.2,025 + 8,100/- =
@ 25% Rs.6,250/- Rs.10,125/-
3. Deduction of 1/3rd Rs.6,250 - 2,083= (As the number of the
towards personal Rs. 4,167/- per month dependents are four,
expenses therefore, deduction of
1/4th towards personal
expenses)
Rs.10,125/- - Rs.2,531/-
Rs.7,594/- per month
4. Per month Income Rs.4,167/- Rs.7,594/-
of the deceased
5. Annual Income of Rs.4,167 x 12= Rs.7,594/- x 12 =
the deceased Rs.50,004/- Rs.91,128/-
6. Multiplier of 14 Rs.50,004 x 14 = Rs.91,128/- x 14 =
Rs.7,00,056/- Rs.12,75,792/-
7. Funeral Expenses Rs.15,000/- Rs.15,000/- + 3,000/- as
20% amount
Rs.18,000/-
8. Loss of Estate Rs.15,000/- Rs.15,000/- + 3,000/- as
20% amount
Rs.18,000/-
9. Loss of spousal Rs.40,000/- Rs.40,000/- + 8,000/- as
consortium to 20% amount
Claimant No. 1 Rs.48,000/-
10. Loss of parental (Awarded Rs.10,000/- to (Awarded Rs.40,000/- to
consortium to Claimants No. 2 to 4 Claimants No. 2 to 4 each)
Claimants No. 2 to each)
4 Rs.30,000/- Rs.1,20,000/- + 24,000/-
as 20% amount
Rs.1,44,000/-
Total Rs.8,00,056/- Rs.15,03,792/-
7. In view of the aforesaid analysis, the amount of compensation of
Rs.8,00,056/- awarded by the Claims Tribunal is enhanced to
Rs.15,03,792/-. Hence, after deducting the amount of Rs.8,00,056/-,
the appellants/claimants are entitled for an additional amount of
Rs.7,03,736/-. The concerned respondent is directed to deposit the
amount of compensation as enhanced by this Court within a period of 3
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 claim application before the Tribunal till its realization.
Rest of the conditions of the impugned award shall remain intact.
8. Accordingly, this appeal is partly allowed and the impugned award is
modified to the extent as indicated herein-above.
Sd/-
(Rakesh Mohan Pandey)
Judge
vatti
