(MAC No.1327/2019) 2026:CGHC:19930 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1327 of 2019 {Arising out of award dated 28-1-2019 passed by the Additional Motor Accident Claims Tribunal, Katghora, District Korba in M.A.C.T. Case No.80/2017} 1. Dashrath Shrivas, S/o Vedram Shrivas, 55 years, 2. Kaushaliya Shrivas, W/o Dashrath Shrivas, 40 years, 3. Anil Kumar Shrivas, 28 years, S/o Dashrath Shrivas 4. Satish Kumar Shrivas, 17 years, S/o Dashrath Shrivas All are R/o Barbhata Beltara, Tehsil Kota, District Bilaspur. Presently residing at Bagainala, Mungadih, Tehsil Pali, District Korba, Chhattisgarh. Appellant No.4 is represented by his legal guardian appellant No.1, his father, in this appeal. ... Appellants versus 1. Saddam Hussain Hasmi, S/o Md. Murtuza Hasmi, R/o Dahezwar, Police Station Balrampur, District Balrampur. (Vehicle Driver) 2. Mahendra Pratap Singh,S/o Shreenath Singh, R/o HIG-277, CGHB Colony, Tatibandh, Raipur, District Raipur, Chhattisgarh. (Vehicle Owner) 3. The New India Insurance Company Ltd., through its Branch Manager, Sada Complex, T.P. Nagar, Korba, District Korba, Chhattisgarh. ... Respondents For Appellants : Mr. Pallav Mishra, Advocate. For Respondent No.3 : Mr. Sudhir Agrawal, Advocate. SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.04.30 14:08:17 +0530 (MAC No.1327/2019) Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 29/04/2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 28-1-2019 passed by the Additional Motor Accident Claims Tribunal, Katghora, District Korba in M.A.C.T. Case No.80/2017, whereby the learned Claims Tribunal has awarded a total sum of ₹ 11,55,000/- along with interest @ 7% per annum as compensation for the death of Umashankar Shrivas, who was running a Barbour Shop, aged about 31-35 years at the time of incident. The appellants herein/claimants are father, mother and brothers, respectively, of deceased Umashankar Shrivas. 2. Mr. Pallav Mishra, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the deceased was running a Barbour Shop and thus, he was a skilled labour and the learned Claims Tribunal ought to have taken his monthly income to be ₹ 7,930/- on the basis of notification issued under the Minimum Wages Act in the year 2021, whereas, it has been taken as ₹ 5,000/, therefore, the amount of compensation be enhanced suitably. 3. Mr. Sudhir Agrawal, learned counsel appearing on behalf of the Insurance Company/respondent No.3 herein, would oppose the (MAC No.1327/2019) appeal and support the impugned award and submit that just and proper compensation has been awarded by the Claims Tribunal to the appellants herein/claimants. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. 5. The learned Claims Tribunal has assessed the monthly income of deceased Umashankar Shrivas to be ₹ 5,000/-, 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). 6. Thus, considering the evidence available on record and that the deceased was running a Barbour Shop, 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. v. 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:- S. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation 1. Income ₹ 5,000/- per month. ₹ 7,930/- per month. 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.1327/2019) Yearly Income = ₹ 5,000 x 12 = ₹ 60,000/-. Yearly Income = ₹ 7,930 x 12 = ₹ 95,160/-. 2. Future Prospect (+) 50% i.e. ₹ 30,000/-; ₹ 60,000 + 30,000 = ₹ 90,000/- 40% i.e. ₹ 38,064/-; ₹ 95,160 + 38,064 = ₹ 1,33,224/- 3. Deduction (-) ¼ = ₹ 22,500/- ₹ 90,000 – 22,500 = ₹ 67,500/- (-) ¼ = ₹ 33,306/- ₹ 1,33,224 – 33,306 = ₹ 99,918/- 4. Multiplier (x) 16 = ₹ 10,80,000/- (x) 16 = ₹ 15,98,688/- 5. Loss of Estate NIL ₹ 15,000/- 6. Funeral Expenses ₹ 25,000/- ₹ 15,000/- 7. Loss of Consortium ₹ 50,000/- ₹ 40,000/- x 4 = ₹ 1,60,000/- Total ₹ 11,55,000/- ₹ 17,88,688/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 11,55,000/- awarded by the Claims Tribunal is enhanced to ₹ 17,88,688/-. Hence, after deducting the amount of ₹ 11,55,000/-, the appellants are held entitled for an additional amount of ₹ 6,33,688/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal i.e. 1-7-2017 till its realisation. 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 Soma