Smt. Taramani Paikra Vs Shiva

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Digitally signed by NADIM MOHLE

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2025:CGHC:56623

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 985 of 2024

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1 - Smt. Taramani Paikra W/o Ram Agan Paikara Aged About 53 Years R/o Village Karsu, Post Karwan, P.S. Jainagar, Tahsil Bhatgaon, District Surajpur, C.G.

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2 - Ram Agan S/o Rajan Ram Paikara Aged About 53 Years R/o Village Karsu, Post Karwan, P.S. Jainagar, Tahsil Bhatgaon, District Surajpur, C.G.

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...Appellants

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versus

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1 - Shiva S/o Shivratan Ram Aged About 30 Years Occupation Vehicle Driver, R/o Village Marhatta, P.S. And Tahsil Pratappur, District Surajpur, C.G.

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2 - Golu Sharma S/o Mithlesh Sharma Aged About 25 Years Occupation Vehicle Owner, R/o Village Chandramedha, P.S. And Tahsil Jhilmili (Bhaiyathan), District Surajpur, C.G.

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3 - Branch Manager The New India Insurance Company Limited, Sada Complex, Transport Nagar Korba, District- Korba, C.G.

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... Respondent(s)

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For Appellants	:Mr. Kaushal Yadav,Advocate
For Respondents No. 1 & 2	:Mr. Sangeet Kumar Kushwaha,
	Advocate
For Respondent No.3	:Mr. Anil Gulati,Advocate

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Hon’ble Shri Justice Rakesh Mohan Pandey

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Judgment on Board

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20/11/2025

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This appeal has been preferred by the appellants/claimants for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Surajpur in Claim Case No.96/2023, dated 04.03.2024, whereby the learned Tribunal has granted compensation to the tune of Rs. 10,94,400/-with interest at the rate of 6% per annum on account of₹ the death of Prem Kumar.

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Shri Kaushal Kumar Yadav, learned counsel appearing for the appellants/claimants would submit that on 05.01.2023 at about 08:30 p.m. the deceased - Prem Kumar was returning home along with Numeshwar Paikra on his motorcycle at the same time, the driver of the offending vehicle bearing registration No. CG-11-A.M.-1213, by driving it rashly and negligently dashed against the motorcycle of Prem Kumar, as a result, he fell down, sustained grievous injuries, and died during the course of treatment.

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He would further submit that the parents of the deceased filed claim petition inter alia on the ground that the deceased was 22 years old at the time of accident and was earning 12,000 per month. The Tribunal₹ assessed his notional monthly income at 7,000 per month, which is at₹ the lower side. He would argue that in absence of specific evidence regarding income, the learned Tribunal ought to have applied the minimum wages matrix for assessment of the notional income of the deceased. He would further contend that the learned Tribunal failed to award compensation towards loss of consortium to the claimants; thus, he would pray for enhancement of compensation.

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On the other hand, Mr. Kushwaha, learned counsel appearing for the respondents No.1 & 2 would oppose the submission made by counsel for the appellants and submit that the learned Tribunal has awarded just and proper compensation.

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Shri Anil Kumar Gulati, learned counsel appearing for the Insurance Company would submit that the claimants failed to prove the income of the deceased, therefore, the learned Tribunal rightly assessed his monthly notional income at 7,000/-; thus, he would pray to dismiss₹ this appeal.

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I have heard learned counsel for the parties and perused the record with utmost circumspection.

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The claimants pleaded that the deceased was earning 12,000 per₹ month, but failed to adduce evidence in support thereof. The learned Tribunal assessed the monthly income of the deceased at 7,000, in₹ absence of proof of income. The learned Tribunal ought to have applied the minimum wages matrix admissible to an unskilled labourer in the month of January, 2023 which was 10,350 and should have₹ taken this figure while computing the income of the deceased. Further, the learned Tribunal has not awarded compensation under the head of loss of consortium to the claimants; thus, the compensation requires reconsideration and is accordingly revisited as under:

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Sr. No.	Heads	Compensation awarded by Tribunal	Compensation awarded by this Court
1.	Income	7,000 x 12 = 84,000/-	Rs. 10,350 x 12 = 1,24,200/-
2.	Deduction	½ = 42,000/-	½ = 62,100/-
3.	Future Prospect	40 % = 42,000 + 16,800 = 58,800	40 % =62,100 + 24840 = 86,940/-
4.	Multiplier	X18 = 10,58,400/-	X 18 = 15,64,920/-
5.	Loss of Estate	18,000/-	18,000/-
6.	Funeral expenses	18,000/-	18,000/-