(MAC No.1619/2019) 2026:CGHC:22297 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1619 of 2019 {Arising out of award dated 30-1-2019 passed by the Additional Member to the Additional Motor Accident Claims Tribunal, Mungeli in Motor Accident Claim Case No.53/2018} 1. Gore Singh, S/o Late Shri Feku Singh, Aged about 55 years. 2. Smt. Rekha Bai, W/o Shri Gore Singh, Aged about 50 years. Both are R/o Ward No.5, Hathnikala, P.S. Tahsil and District Mungeli, Chhattisgarh. (Claimants) ... Appellants versus 1. Rajendra Sahu, S/o Anjore Ram Sahu, Aged about 43 years, R/o Ward No.6, Sodar, P.S. Tahsil and District Mungeli, Chhattisgarh. (Owner-cum-Driver) 2. Shriram General Insurance Company Limited, Through the Branch Manager-Shriram General Insurance Company Limited, R/o S-8, S- 9, Second Floor, C.G. Plaza, Agrasen Chowk, Near Telephone Exchange, Bilaspur, Tahsil and District Bilaspur, Chhattisgarh. (Insurer) (Non-Applicants) ... Respondents For Appellants : Mr. Keshav Dewangan, Advocate. For Respondent No.2 : Mr. Rahul Singh Thakur, Advocate on behalf of Mr. Sourabh Sharma, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 12/05/2026 SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.05.13 10:52:55 +0530 (MAC No.1619/2019) 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 30-1-2019 passed by the Additional Member to the Additional Motor Accident Claims Tribunal, Mungeli in Motor Accident Claim Case No.53/2018, whereby the learned Claims Tribunal has awarded a total sum of ₹ 9,77,200/- as compensation for the death of Umesh Singh, who was a Welder, aged about 21 years at the time of incident. The appellants herein/claimants are parents of deceased Umesh Singh. 2. Mr. Keshav Dewangan, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the deceased was a Welder and thus, he was a semi-skilled labour and the learned Claims Tribunal ought to have taken his monthly income to be ₹ 8,750/- on the basis of notification issued under the Minimum Wages Act in the year 2021, whereas, it has been taken as ₹ 6,000/-, therefore, the amount of compensation be enhanced suitably. 3. Mr. Rahul Singh Thakur, learned counsel appearing on behalf of respondent No.2 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. Page 3 of 4 (MAC No.1619/2019) 5. The learned Claims Tribunal has assessed the monthly income of deceased Umesh Singh 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 ₹ 8,750/- (as per minimum wages prescribed at relevant time). 6. Thus, considering the evidence available on record and that the deceased was a Welder, 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 1, 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 ₹ 6,000/- per month. Yearly Income = ₹ 6,000 x 12 = ₹ 72,000/-. ₹ 8,750/- per month. Yearly Income = ₹ 8,750 x 12 = ₹ 1,05,000/-. 2. Future Prospect 40% i.e. ₹ 28,800/-; ₹ 72,000 + 28,800 = ₹ 1,00,800/- 40% i.e. ₹ 42,000/-; ₹ 1,05,000 + 42,000 = ₹ 1,47,000/- 3. Deduction (-) ½ = ₹ 50,400/- ₹ 1,00,800 – 50,400 = ₹ 50,400/- (-) ½ = ₹ 73,500/- ₹ 1,47,000 – 73,500 = ₹ 73,500/- 4. Multiplier (x) 18 = ₹ 9,07,200/- (x) 18 = ₹ 13,23,000/- 5. Loss of Estate ₹ 15,000/- ₹ 15,000/- 6. Funeral Expenses ₹ 15,000/- ₹ 15,000/- 7. Loss of Consortium ₹ 40,000/- ₹ 40,000/- x 2 = ₹ 80,000/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.1619/2019) Total ₹ 9,77,200/- ₹ 14,33,000/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 9,77,200/- awarded by the Claims Tribunal is enhanced to ₹ 14,33,000/-. Hence, after deducting the amount of ₹ 9,77,200/-, the appellants are held entitled for an additional amount of ₹ 4,55,800/-. 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 @ 7.5% per annum from the date of filing of claim application before the Tribunal i.e. 21-8-2018 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