Smt. Annapurna Goswami Vs Mukesh Kumar Yadu

1.Mukesh Kumar Yadu S/o Dandi Ram Yadu, Aged About 42 Years, R/o Kanhar Para, Shivpuri, Ward No. 16, Jamul Bhilai, Tahsil And District Durg (Chhattisgarh).

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2.Paramjit Singh S/o Late Avtar Singh, Aged About 46 Years, R/o 911, Ward No. 14 Kailash Nagar, Industrial Area, Jamul Bhilai, Tahsil And District Durg Chhattisgarh

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3.United India Insurance Company Limited, Through Branch Manager, Address- Micro Office Paras

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2

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MAC No. 303 of 2022

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Complex, SBI Near Station Road Guruvdara, Station Road, Durg, Tehsil And District Durg Chhattisgarh.

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... Respondents

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For Appellants	:- Mr. Utsav Mahiswar, Advocate.
For Respondents No.1 & 2	:- Ms. Sweksha Sharma, Advocate, on behalf of Mr. Aditi Singhvi, Advocate.
For Respondent No.3.	:- Mr. Dashrath Gupta, Advocate.

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SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board

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16.12.2025

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1.This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 30.11.2021 passed by the 7^th Additional Motor Accident Claims Tribunal, Durg, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 152/20220 whereby learned Claims Tribunal has allowed the claimants’ application and awarded a sum of 47,61,480/-₹ as compensation along with interest.

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MAC No. 303 of 2022

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2.Mr. Utsav Mahiswar, learned counsel for the

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claimants, would submit that learned Claims Tribunal has erred in deducting the 5% income tax from the monthly income of the deceased which ought to be deducted from the annual income of the deceased and, therefore, the compensation awarded by the Claims Tribunal may suitably be enhanced.

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3.Ms. Sweksha Sharma, learned counsel for respondents No.1 & 2, would submit that the respondents No.1 & 2 are not liable to pay the compensation amount.

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4.Mr. Dashrath Gupta, learned counsel for the Insurance Company/respondent No.3, would submit oppose the prayer made by learned counsel for the claimants and submit that the amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference.

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5.I have heard learned counsel for the parties, considered their rival submissions made herein

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4

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MAC No. 303 of 2022

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above and gone through the records

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meticulously.

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Admittedly, the Claims Tribunal has deducted 5% amount towards the income tax from the monthly income of the deceased. However, in considered opinion of this Court, 5% amount of income tax ought to have been deducted from the yearly income of the deceased. Thus, in light of the aforesaid discussion this Court is computing the compensation as below:-

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Sr.	Heads	Compensation	Compensation
No.		awarded by the Tribunal	awarded by Court	this
1.	Income	₹28,601 x 12 = 3,43,212/- ₹	₹28,601 x 3,43,212/- ₹	12 =
2.	Annual Income after 5% tax deduction	2,87,280/- ₹ (monthly income taken by the Claims Tribunal to be 23,940/- ₹	3,38,556/- ₹ (monthly taken by the Tribunal sho 28,213/- ₹	income Claims uld be
3.	Multiplier	(x) 16 = 45,96,480/- ₹	(x) 16 54,16,896/- ₹	=
4.	Deduction	(-) 1/3 = 15,32,160/- ₹ ₹45,96,480– 15,32,160= 30,64,320/- ₹	(-) 1/3 18,06,632/- ₹ 54,16,896– ₹ 18,05,632= 36,11,264/- ₹	=
5.	50% of above income to be added towards future prospect	(+)50% = 15,32,160/- = ₹ 45,96,480/- ₹	(+)50% 18,05,632/- ₹ 54,16,896/- ₹	= =

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MAC No. 303 of 2022

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6.	Loss Estate	16,500/- ₹	16,500/- ₹
7.	Funeral Expenses	16,500/- ₹	16,500/- ₹
8.	Consortium	1,32,000/- ₹	1,32,000/- ₹
	Total	47,61,480/ ₹ -	55,81,896 ₹ /-

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7.In view of the aforesaid analysis, the amount of compensation of ₹47,61,480/- awarded by the Claims Tribunal is enhanced to ₹55,81,896/- .

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Hence, after deducting the amount of ₹47,61,480/- , the appellants are held to be entitled to an additional amount of ₹8,20,416/- . The concerned respondent is

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directed to deposit the amount of compensation as enhanced by this Court within a period of three months from the date of receipt of copy

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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

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remain intact.

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MAC No. 303 of 2022

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8.Accordingly, this appeal is allowed in part and

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the impugned award is modified to the extent as

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indicated herein-above.