Smt. Khiro Dewangan Vs Onkar Prasad Yadav

Jitendra Kapre, S/o Harilal Kapre, Aged about 26 years, R/o Village Kharora, Police Station, Tahasil & District Mahasamund (C.G.) (Owner of Motor Cycle No.CG-06/GR-3167)

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Ifco Tokiyo General Insurance Company Ltd., Through Divisional Office M.M. Silver Plaza, In front of Udyog Bhawan, Ring Road No.1, Raipur, Tahasil & District Raipur (C.G.) (Insurance Company of Motor Cycle No.CG-06/GR-3167)

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(Non-applicants) ... Respondents For Appellants : Mr. Kripesh G. Kela, Advocate. For Respondent No.3 : Ms. Shrejal Gupta, Advocate on behalf of Mr. Vaibhav Shukla, Advocate.

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Page 2 of 4

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(MAC No.919/2023)

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Single Bench:Hon'ble Shri Justice Sanjay K. Agrawal

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Judgment on Board

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05/12/2025

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This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 23-9-2022 passed by the Motor Accident Claims Tribunal, Mahasamund in Claim Case No.H-79/2021, whereby the learned Claims Tribunal has awarded a total sum of ₹ 10,03,978/as compensation for the death of Chere Dewangan, who was employed in a private company, aged about 51-55 years at the time of incident. The appellants herein/claimants are wife and children, respectively, of deceased Chere Dewangan.

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Mr. Kripesh G. Kela, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the deceased was employed in a private company and the learned Claims Tribunal ought to have taken his monthly income to be ₹ 9,480/- on the basis of notification issued under the Minimum Wages Act in the year 2021, whereas, it has been taken as ₹ 7,475/, therefore, the amount of compensation be enhanced suitably.

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Ms. Shrejal Gupta, learned counsel appearing on behalf of respondent No.3 herein/Insurance Company, would support the impugned award and oppose the appeal.

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Page 3 of 4

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(MAC No.919/2023)

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I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection.

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The learned Claims Tribunal has assessed the monthly income of deceased Chere Dewangan to be ₹ 7,475/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the Office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased should be ₹ 9,480/- (as per minimum wages prescribed at relevant time).

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Thus, considering the evidence available on record and that the deceased was employed in a private company, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. v. Pranay Sethi 1, Sarla Verma & Ors. v. Delhi Transport Corporation & Ors 2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3, this Court is computing the compensation as below:-

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S. No.	Heads	Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation
1.	Income	₹7,475/- ₹9,480
2.	Future Prospect	(+) 10% i.e. ₹ 747/-; ₹ 7,475 + 747 = ₹ 8,222/- total yearly income: ₹ 8,222/- x 12 = ₹ 98,664/- 10% i.e. ₹ 948/-; ₹ 9,480 + 948 = ₹ 10,428/- total yearly income: ₹ 10,428/- x 12 = ₹ 1,25,136/-
3.	Deduction	(-) ¼ = ₹ 24,666/- ₹ 98,664 – 24,666 = ₹ 73,998/- (-) ¼ = ₹ 31,284/- ₹ 1,25,136 – 31,284 = ₹ 93,852/-

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1 (2017) 16 SCC 680

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2 (2009) 6 SCC 121

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3 (2018) 18 SCC 130

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Page 4 of 4

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(MAC No.919/2023)

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4.	Multiplier	(x)11 = ₹ 8,13,978/-	(x)11 = ₹ 10,32,372/-
5.	Loss of Estate	₹ 15,000/-	₹ 16,500/-
6.	Funeral Expenses	₹ 15,000/-	₹ 16,500/-
7.	Loss of Spousal Consortium	₹ 40,000/-	₹ 44,000/-
8.	Loss of Filial Consortium	₹ 40,000/- x 3 = 1,20,000/-	₹ ₹ 44,000/- x 3 = ₹ 1,32,000/-
	Total	₹ 10,03,978/-	₹ 12,41,372/-

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In view of the aforesaid analysis, the amount of compensation of ₹ 10,03,978/- awarded by the Claims Tribunal is enhanced to ₹ 12,41,372/- . Hence, after deducting the amount of ₹ 10,03,978/- , the appellants are held entitled for an additional amount of ₹ 2,37,394/- . The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 25-32021 till its realisation. Rest of the conditions of the impugned award shall remain intact.

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Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above.

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Sd/- (Sanjay K. Agrawal) Judge

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Soma

Smt. Khiro Dewangan v. Onkar Prasad Yadav

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Smt. Khiro Dewangan v. Onkar Prasad Yadav

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