1 MAC No. 1289 of 2019 2026:CGHC:15745 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1289 of 2019 1. Smt. Meena Koushik W/o Late Ghanshyam Koushik, Aged About 45 Years; 2. Chandresh Koushik S/o Late Ghanshyam Koushik, Aged About 26 Years; 3. Suryesh Kumar Koushik S/o Late Ghanshyam Koushik, Aged About 24 Years; All R/o Village - Nagoi Thana And Tahsil Takhatpur District Bilaspur Chhattisgarh. (Claimants). ... Appellants versus 1. Laxman Patel S/o Anujram Patel, Aged About 25 Years, R/o Surda Thana - Mungeli, District Mungeli, Chhattisgarh. (Driver Of The Offending Vehicle Pickup No. C.G. 10/A.A./9597).(Driver). 2. Rajkumar Gandharv S/o Late Kishun Lal Gandharv, Aged About 45 Years, R/o Village - Lagara, Tahsil - Lormi, District Mungeli (Chhattisgarh) (Owner Of The Offending Vehicle Pickup No. C.G. 10/A.A./9597). (Owner). 3. Branch Manager, The New India Insurance Company Limited, Branch Office, Rama Tred Center 2nd Floor In Front Of Rajeev Plaza, Thana - Civil Line Bilaspur, Tahsil And District Bilaspur, Chhattisgarh. (Insurer Of The Offending Vehicle Pickup No. C.G. 10/A.A./9597). (Insurer). ... Respondents ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 1289 of 2019 For Appellants :- Mr. A.L. Singroul, Advocate. For Respondent No.3 :- Ms. Swati Agrawal, Advocate, appears on behalf of Mr. Pankaj Agrawal, SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 07.04.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants/claimants, seeking enhancement in the amount of compensation, challenging the impugned award dated 12.03.2019 passed by the 5th Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 717/2016 whereby learned Claims Tribunal has allowed the claimants’ application and awarded a sum of 6,40,800/- ₹ as compensation along with interest for death of Ghanshyam Koushik. 2. Mr. A.L. Singroul, learned counsel for the claimants, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the present cases. He would also submit that the Claims Tribunal erred in assessing income of the deceased ₹6,000/- per month which should be 7,000/- per month as per ₹ Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. He would further submit that amount under the heads of funeral expenses, loss of estate and consortium less amount has been awarded by the Claims Tribunal. 3 MAC No. 1289 of 2019 Therefore, the appeal filed by the claimants be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Ms. Swati Agrawal, learned counsel for the Insurance Company, would submit oppose the prayer made by learned counsel for the claimants and submit that the amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records meticulously. 5. 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 7,000/- and 84,000/- per annum. ₹ ₹ Furthermore, the Claims Tribunal has awarded less amount under the heads of funeral expenses, loss of estate and consortium which is liable to be enhanced. As such, the compensation amount is liable to be enhanced. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance 4 MAC No. 1289 of 2019 Company Ltd. V. Pranay Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹6,0 00 x 12 = ₹ 72,000/- 7,000x 12 = ₹ 84,000/- ₹ 2. Future Prospect (+) 10% = 7,200/-; Total ₹ = ₹72,000+7,200= 79,200/- ₹ (+) 10% = 8,400 ₹ -; Total = 84,000+8,400 ₹ 92,400/- ₹ 3. Deduction (-) 1/3 = 26,400/-; ₹ 79,00–26,400 = ₹ 52,800/- (total income) ₹ (-) 1/3 = 30,800/-; ₹ ₹92,400-30,800= 61,600/- (total income) ₹ 4. Multiplier (x) 11 = 5,80,800/- ₹ (x) 11 = 6,77,600/- ₹ 5. Loss of Estate ₹10,000/- 16,500/- ₹ 6. Funeral Expenses ₹10,000/- 16,500/- ₹ 7. Consortium ₹40,000/- ₹44,000 x 3 = 1,32,000/- ₹ 8. Total ₹6,40,800 /- ₹8,42,600 /- 7. In view of the aforesaid analysis, the amount of compensation of ₹6,40,800 /- awarded by the Claims Tribunal is enhanced to ₹8,42,600 /-. Hence, after deducting the amount of 6,40,800 ₹ /-, the appellants/claimants are held to be entitled to an additional amount of 2,01,800/- ₹ . The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 MAC No. 1289 of 2019 within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @6% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit