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Judgment
Hon'ble Shri Justice Sanjay Kumar Jaiswal
This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 25.03.2025, passed in Claim Case No.35/2023 by learned Motor Accident Claims Tribunal, Patthalgaon, District Jashpur(CG), whereby the learned Claims Tribunal has awarded a total sum of Rs.13,55,200/- as compensation for the death of Anita Bai who was aged about 23 years and died in a road accident which took place on 04.07.2023.
Learned counsel for the appellants would submit that the learned Claims Tribunal has erred in awarding a lesser amount of compensation in the facts of the case. The deceased had passed Class 12th as per Ex.A/3C and Ex.A/4C. She was holding a Provisional State Trade Certificate as per Ex.A/5C and a Transfer Certificate as per Ex.A/6C, therefore, she ought to be treated as a skilled person and her monthly income ought to be assessed as Rs. 11,390/- as per the Chhattisgarh Minimum Wages Notification issued by the Office of the Labour Commissioner, Chhattisgarh for a skilled person. Further, the amount awarded under other conventional heads is also on the lower side, which needs to be enhanced. Therefore, the instant appeal may be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced.
Learned Counsel appearing for Respondents No.1 & 2 submits that at the time of accident, the vehicle was insured with Respondent No.3, therefore, Respondents No.1 & 2 are not liable to pay any amount of compensation.
Learned counsel for respondent No.3/insurance company would submit that the Claims Tribunal after appreciating oral and documentary evidence available on record rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference.
I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection.
In the case at hand, it is true that the learned Tribunal has taken the monthly income of the deceased to be Rs. 8,500/-, which ought to be Rs. 11,390/- as per the Chhattisgarh Minimum Wages Notification issued by the Office of the Labour Commissioner, Chhattisgarh for a skilled person, as the deceased had passed Higher Secondary as per Ex.A/3C and Ex.A/4C. Furthermore, under other conventional heads, the Tribunal has granted only Rs. 70,000/-, which ought to be Rs. 1,32,000/-; to that extent, the impugned award needs to be modified.
Thus, 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 Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors3, this Court is computing the compensation as below:-
| Sr. No. | Heads | Compensation awarded by the Tribunal | Compensation awarded by this Court |
| 1 | Income | Rs. 8500 x 12 = 1,02,000/- | Rs. 11390 x 12 = 1,36,680/- |
| 2 | Deduction | (-) 1/2 (i.e. 51000) = 51,000/- | --------- |
| 3 | Multiplier | (x) 18 = 9,18,000/- | --------- |
| 4 | Future prospect | (+)40% (i.e. Rs. 367200) = 12,85,200/- | (+)40% (i.e. Rs. 54672) = 1,91,352/- |
| 5 | Other conventional heads | Rs. 70,000/- | |
| 6 | Deduction | -------- | (-) 1/2 (i.e. 95676) = 95,676/- |
| 7 | Multiplier | -------- | (x) 18 = 17,22,168/- |
| 8 | Other conventional heads | -------- | Rs. 1,32,000/-(18000+18000+960 00) |
| Total | Rs. 13,55,200/- | Rs. 18,54,168/- |
In view of the aforesaid analysis, the amount of compensation of Rs.13,55,200/- awarded by the Claims Tribunal is enhanced to Rs.18,54,168/-. Hence, after deducting the amount of Rs.13,55,200/-, the appellants are held entitled for an additional amount of Rs.4,98,968/-. The additional amount of compensation shall carry interest @ 6% per annum from filing of the claim application before the Claims Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact.
In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above.
The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the concerned Tribunal. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides.