Anju Sharma Vs Vishwanath Bhardwaj

2 - Minor Raunak Sharma Father Late Chandrashekhar Sharma Aged About 10 Years Natural Guardian Of Minor Is Anju Sharma (Mother) W/o Late Chandrashekhar Sharma, Aged 35 Years, Resident Of Gram Pani Tanki Bankimogra, Ward No. 66, District - Korba (C.G.).

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3 - Minor Laxita Sharma Father Late Chandrashekhar Sharma Aged About 1 Years Natural Guardian Of Minor Is Anju Sharma (Mother) W/o Late Chandrashekhar Sharma, Aged 35 Years, Resident Of Gram Pani Tanki Bankimogra, Ward No. 66, District - Korba (C.G.).

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4 - Pama Devi Husband Rajendra Sharma Aged About 70 Years Resident Of Gram Pani Tanki Bankimogra, Ward No. 66, District - Korba (C.G.).

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... appellants

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versus

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1 - Vishwanath Bhardwaj Son Of Late Yaadram Bhardwaj Aged About 30 Years Resident Of Gram Manikpur, District Korba, ( C.G.) .............. (Driver). 2 - Krishna Murali Singh Son Of Kushwar Singh Aged About 44 Years Resident Of 1/50 M.P. Nagar 24, Korba, Teh And District Korba (C.G.) .................... (Owner Of Vehicle).

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3 - Branch Manager, United Insurance, Near Niharika Talkies, Korba (C.G.) .............. ( Insurance Company).

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...Respondent(s)

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For Appellants : Mr. Aakash Aahuja and Mr. K. P. Sahu, Advocates For Res./ Insurance : Mr. Pravesh Sahu, Advocate holding brief of Mr. Company Dashrath Gupta, Advocate

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Hon'ble Shri Justice Sachin Singh Rajput, Order on Board

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15.04.2026.

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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 13.02.2024 passed by the learned 2^nd Additional Motor Accident Claims Tribunal, Katghora, DistrictKorba (C.G.) in Claim Case No. 61 of 2022.

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By the impugned award, the learned Tribunal has awarded compensation of Rs. 12,37,890/- to the appellants/claimants, on account of the death of deceased/Chandrashekhar Sharma an accident that took place on 26.07.2021 by rash and negligent driving of the offending vehicle (Pickup) bearing Registration No. CG12-AQ/1385 driven by driver/respondent No. 1 Owned by Owner/respondent No. 2 insured with the Insurance Company/respondent No. 3. As a result of the said accident, the deceased/ Chandrashekhar Sharma sustained severe injuries, due to which he died.

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As per the pleadings, the deceased/ Chandrashekhar Sharma was aged about 44 years and was doing transport business and was earning Rs. 50,000/- per month. The appellants/claimants were dependent upon the income of the deceased.

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Respondent No. 1 & 2/Driver, owner and Respondent No.3/Insurance company have filed their written statement, in usual course, denied the averments of the claim application. The Insurance Company further pleaded that the driver of the offending vehicle did not have valid and effective driving licence and there is a violation of terms and conditions of insurance policy.

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On the basis of the above pleadings, the learned Tribunal has framed four issues and after appreciating the material available on record decided the same in favour of the appellants/claimants and awarded above stated compensation.

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Learned counsel for the appellants/claimants submits that the deceased/ Chandrashekhar Sharma was aged about 44 years and was doing transport business and was earning Rs. 50,000/- per months whereas the learned Tribunal assessed the monthly income of the deceased to Rs. 6,812/-. Alternatively, he submits that looking to the age, two minor children, date of accident, atleast minimum wages should have been taken for assessment of compensation and amount on other heads is also on the lower side. Hence, suitable enhancement may be made by this Court.

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Learned counsel for the respondent No.3. Supports the award and submits that in view of evidence available on record and findings of the learned Tribunal is justified and just compensation has been awarded.

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I have heard learned counsel for the parties, considered their rival submissions and perused the records.

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Considering the evidence available on record; number of dependents; age of the deceased; date of accident; nature of job & minimum wages prevailing at that time this Court is of the view that Rs. 12,000/- can be safely taken as income of the deceased.

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In light of the above and taking guidance from the judgment of Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi and others; (2017) 16 SCC 680,

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Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors; (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors; (2018) 18 SCC 130, this Court is recomputing the compensation as below:-

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S.N	Particular	Awarded by this Court
1.	Monthly Income of the deceased	12,000/-
2.	Future Prospects @ 25%	3000/-
3.	Total Income	15,000/-
4.	Total Yearly Income	15000X12=1,80,000/-
5.	Personal expenditure (1/4)	1,80,000/4= 45,000/-
6.	Net Income	1,80,000-45,000=1,35,000/-
7.	Multiplier of 14 applied to assess total loss of dependency	1,35,000X14= 18,90,000/-
8.	Funeral Expenses	16,500/-
9.	Loss of estate	16,500/-
	Spousal Consortium	44,000/-
10.	Filial and Parental	01,20,000/-
	Consortium
	Total compensation	20,87,000/-

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For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs. 12,37,890/- awarded by the Tribunal is enhanced to Rs. 20,87,000/-. Hence, after deducting the amount of Rs. 12,37,890/-, the appellants/claimants are held entitled for an additional amount of Rs. 8,49,110/-. The additional amount shall carry interest @6% per anuum from the date of appeal i.e. 24.04.2024 The impugned award stands modified to the above extent.

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The insurance company is directed to deposit the amount of compensation as enhanced by this Court within a period of 60 days from today, on such deposit being made, one F.D. of Rs. 2.5 lacs for a period of two years shall be made in the name of appellant No. 1/ Smt. Anju Sharma and two fix deposits of Rs. 2.5 lacs each shall be made in the names of appellant No. 2- Minor Raunak Sharma and appellant No. 3- Minor Laxita Sharma. The said amount shall be permitted to be withdrawn by them upon attaining the age of majority. Further a sum of

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Rs. 50,000/- shall be disbursed to appellant No. 4- Pama Devi and remaining amount shall be disbursed to the appellant No. 1.

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