Digitally signed by RAME SH 2026:CGHC:7902 KUMAR VATTI Date: 202 6.02.13 NAFR

18:26:45 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1439 of 2022

1 - Anil Kumar Verma S/o Kheduram Verma Aged About 48 Years R/o Village Datrengi, Police Station Bhatapara (Gramin) District Baloda Bazar-Bhatapara (C.G.)

2 - Shail Verma W/o Anil Verma Aged About 46 Years R/o Village Datrengi, Police Station Bhatapara (Gramin), District Baloda Bazar-Bhatapara (C.G.)

... Appellants/Claimants Versus

1 - Ramcharan S/o Kunjpal Aged About 42 Years R/o Village Chamarguda, Police Station Bhatapara (Gramin), District Baloda Bazar-Bhatapara (C.G.)

(Driver Of Offending Vehicle Hiwa No. CC- 22 C 0990)

2 - Shubham Natthani S/o Ajay Natthani Aged About 33 Years R/o Sadar Bazar Bhatapara, Police Station Bhatapara (City), District Baloda Bazar- Bhatapara (C.G.) (Registered Owner Of Offending Vehicle Hiwa No. CG- 22 C- 0990)

3 - Branch Manager, The Oriental Insurance Company, Madina Building Katchheri Chowk, Raipur, District Raipur (C.G.) (Insurer Of Offending Vehicle Hiwa No. CG- 22 C 0990)

... Respondents For Appellants/Claimants : Mr. Bharat Lal Sahu, Advocate For Respondents No. 1 & 2 / : Mr. Pankaj Singh, Advocate Driver & Owner For Respondent No. 3 / : Mr. Anil Gulati, Advocate Insurance Company Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board

12/02/2026

1. The appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act for enhancement of compensation assailing the judgment and award passed by the learned Additional Motor Accident Claims Tribunal, Bhatapara, District Balodabazar-Bhatapara (C.G.) in Claim Case No. 32/2018 dated 10.08.2022, whereby the learned Claims Tribunal has passed an award to the tune of Rs.6,28,624/- with interest @ 9% per annum on account of death of Yogesh Verma.

2. The facts, in brief, are that on 24.06.2018 while deceased- Yogesh Verma was going towards Bhatapara on his motorcycle bearing registration No. CG-04 / JF-3115 along with his friend Rakesh Yadu, the driver of Hyva bearing registration No. CG-22 / C-0990 (hereinafter referred to as “offending vehicle”) by driving it rashly and negligently, dashed the motorbike of the deceased, resultantly Yogesh Verma and Rakesh Yadu sustained injuries and Yogesh Verma succumbed to death on account of injuries sustained in the said accident.

3. The claimants who are parents of the deceased, filed a claim case under Section 166 of the Motor Vehicles Act and pleaded that at the time of accident, age of the deceased was 19 years and was a student of B.A. 1^st Year. They claimed compensation a sum of Rs.30 lacs.

4. Respondents No. 1 and 2 / Driver and Owner of the offending vehicle filed reply and denied averments made in the claim petition. They pleaded that the offending vehicle was insured with the Insurance Company.

5. Insurance Company filed reply and took a plea that that the offending vehicle was being plied in absence of valid permit.

6. The learned Claims Tribunal framed issues, parties led evidence and thereafter the award was passed.

7. Mr. Bharat Lal Sahu, learned counsel appearing for the appellants/claimants would submit that the learned Claims Tribunal committed error of law while assessing the monthly income of the deceased Rs.3,000/-. He would further submit that the minimum wage admissible to an unskilled labourer in the month June 2018 was Rs.8,100/- and the learned Claims Tribunal should have taken that figure while computing the income of the deceased. He would contend that the learned Claims Tribunal has granted a lumpsum compensation of Rs.70,000/- against loss of consortium, loss of estate and funeral expenses. He would contend that the learned Claims Tribunal should have granted compensation on the conventional heads as per law laid down by the Hon’ble Supreme Court in the matters of National Insurance Company Ltd. Vs. Pranay Sethi, reported in (2017) 16 SCC 680 and Magma General Insurance Co. Ltd. Vs. Nanu Ram @ Chuhru Ram & Ors., reported in