Order On Board

1. This appeal has been filed by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) seeking enhancement in the compensation amount, against the impugned award dated 31.01.2019 passed by the Motor Accident Claims Tribunal, Baikunthpur, District Koriya, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 42/2018, whereby the Claims Tribunal allowed the claimants’ application and awarded ₹ 6,77,600/- along with interest for death of Shiv Kumar.

2. Mr. Shashikesh Yadav, learned counsel for the appellant, would submit that 50% compensation has been deducted towards contributory negligence on the ground that on the offending vehicle three persons were traveling which runs contrary to the decision of the Supreme Court in the matter of Mohammed Siddique & another v. National Insurance Company Limited & others, AIR 2020 SC 520. He would also submit that the Claims Tribunal erred in assessing income of the deceased ₹ 6,000/- per month which should be ₹ 7,930/- per month as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. He would further submit that under the head of consortium less amount has been awarded by the Claims Tribunal which is liable to be enhanced.

3. Mr. Bhupendra Singh, learned counsel for respondents No.1 & 2, would submit that driver and owner of the vehicle are not liable to pay the compensation amount to the claimants.

4. Mr. Swapnil Thawmy, learned counsel for respondent No.3/Insurance Company, oppose the prayer made by learned counsel for the appellants/claimants and submit that the Insurance Company is not liable to pay the compensation to the appellants and even the Claims Tribunal has rightly deducted 50% from the compensation towards the contributory negligence.

5. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records minutely.

6. Admittedly, the Claims Tribunal has deducted 50% compensation towards the contributory negligence on the ground that on the offending vehicle three persons were traveling, however, the said finding of the Claims Tribunal runs contrary to the decision of the Supreme Court in the matter of Mohammed Siddique (supra). Accordingly, deduction of 50% compensation is set aside. Furthermore, Learned Claims Tribunal assessed the monthly income of deceased to be ₹ 6,000/- 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 ₹ 7,930/- (as per minimum wages prescribed at relevant time for skilled labour) and ₹ 95,160/- per annum. Furthermore, the claims Tribunal has awarded less amount under the head of consortium which is also liable to be enhanced. As such, the compensation amount is liable to be enhanced.

7. 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 Sethi ²(2017) 16 SCC 680, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors³(2009) 6 SCC 121 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors⁴(2018) 18 SCC 130, this Court is computing the compensation as below:-

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8. In view of the aforesaid analysis, the amount of compensation of ₹ 6,77,600/- awarded by the Claims Tribunal is enhanced to ₹ 18,88,606/-. Hence, after deducting the amount of ₹ 6,77,600/-, the appell