(MAC No.540/2019) 2026:CGHC:20952 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 540 of 2019 {Arising out of award dated 9-1-2019 passed by the Motor Accident Claims Tribunal, Ambikapur, District Surguja in Motor Accident Claim Case No.157/2018} 1. Smt. Chanchala Sarkar, W/o Late Vidhan Sarkar, aged about 45 years 2. Vikash Sarkar, S/o Late Vidhan Sarkar, aged about 25 years 3. Prakash Sarkar, S/o Late Vidhan Sarkar, aged about 21 years All are R/o Village Ravindra Nagar, Post Ajabnagar, P.S. Jaingar, Disrtict Surajpur, Chhattisgarh M.N. 7694920267 (Claimants) ... Appellants versus 1. Samaylal Rajwade, S/o Dhansai Rajwade, R/o New Karkoli, P.S. & Tahsil Bhatgaon, District Surajpur, Chhattisgarh (Driver) 2. Surendra Minj, S/o Kalluram Minj, aged about 26 years, R/o Village Uraonpara, Sambalpur (Semara), P.S. Jainagar, District Surajpur, Chhattisgarh (Owner) 3. Branch Manager, United India Insurance Company Ltd., Brahm Road, Near Kumkum Hotel, Ambikapur, P.S. & Tahsil Ambikapur, District Surguja, Chhattisgarh (Insurer) ... Respondents For Appellants : Ms. Aakancha Vishwakarma, Advocate on behalf of Mr. A.N. Pandey, Advocate. For Respondent No.3 : Mr. G.V. Kutumba Rao, Advocate. SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.05.05 18:23:18 +0530 (MAC No.540/2019) Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 05/05/2026 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 9-1-2019 passed by the Motor Accident Claims Tribunal, Ambikapur, District Surguja in Motor Accident Claim Case No.157/2018, whereby the learned Claims Tribunal has awarded a total sum of ₹ 3,94,000/- as compensation for the death of Vidhan Sarkar, aged about 60 years at the time of incident. The appellants herein/claimants are wife and two sons, respectively, of deceased Vidhan Sarkar. 2. Ms. Aakancha Vishwakarma, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the learned Claims Tribunal ought to have taken the monthly income of the deceased 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 ₹ 4,500/- and consortium has been awarded only to the wife of the deceased, no amount of consortium has been awarded to the sons of the deceased, therefore, the amount of compensation be enhanced suitably. Page 3 of 4 (MAC No.540/2019) 3. Mr. G.V. Kutumba Rao, learned counsel appearing on behalf of respondent No.3 herein/Insurance Company, would support the impugned award and oppose the appeal. 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 Vidhan Sarkar to be ₹ 4,500/-, 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, 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 ₹ 4,500/- per month. Yearly Income = ₹ 4,500 x 12 = ₹ 54,000/-. ₹ 7,930/- per month. Yearly Income = ₹ 7,930 x 12 = ₹ 95,160/-. 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.540/2019) 2. Future Prospect NIL NIL 3. Deduction (-) 1/3 = ₹ 18,000/- ₹ 54,000 – 18,000 = ₹ 36,000/- (-) 1/3 = ₹ 31,720/- ₹ 95,160 – 31,720 = ₹ 63,440/- 4. Multiplier (x) 9 = ₹ 3,24,000/- (x) 9 = ₹ 5,70,960/- 5. Loss of Estate ₹ 15,000/- ₹ 15,000/- 6. Funeral Expenses ₹ 15,000/- ₹ 15,000/- 7. Loss of Consortium ₹ 40,000/- ₹ 40,000/- x 3 = ₹ 1,20,000/- Total ₹ 3,94,000/- ₹ 7,20,960/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 3,94,000/- awarded by the Claims Tribunal is enhanced to ₹ 7,20,960/-. Hence, after deducting the amount of ₹ 3,94,000/-, the appellants are held entitled for an additional amount of ₹ 3,26,960/-. 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. 25-7-2018 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