1 MAC No. 1639 of 2019 2026:CGHC:26912 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1639 of 2019  Sushila Bai W/o Late Shri Ganga Prasad, Aged About 48 Years, R/o Lavsara P.S. - Baradwar, District - Janjgir- Champa Chhattisgarh. ... Appellant versus 1. Yadvendra Soni S/o Gourishankar Soni, Aged About 39 Years, R/o Portha P.S. Sakti, District- Janjgir-Champa Chhattisgarh. 2. United India Insurance Company Limited Korba, District- Korba Chhattigarh. 3. Keshavprasad Chouhan S/o Late Shri Ganga Prasad, Aged About 28 Years; 4. Sunita Bai Chouhan D/o Late Shri Ganga Prasad Aged About 26 Years; 5. Krishna Prasad Chouhan S/o Late Shri Ganga Prasad, Aged About 23 Years; 6. Mohan Prasad Chouhan S/o Late Shri Ganga Prasad, Aged About 18 Years; Respondents No.3 to 6 are R/o Lavsara P.S. - Baradwar, District - Janjgir Champa Chhattisgarh. ... Respondents For Appellant :- Mr. Hanuman Prasad Agrawal, Advocate. For Respondent No.2. :- Mr. Raj Awasthi, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 1639 of 2019 SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 01.07.2026 1. This appeal has been filed by the appellant/claimant 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 12.12.2017 passed by the 1st Additional Motor Accident Claims Tribunal, Sakti, District Janjgir-Champa, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 70/2016, whereby the Claims Tribunal allowed the claimants’ application and awarded 3,37,300/- ₹ along with interest for death of Ganga Prasad Chouhan. 2. Mr. Hanuman Prasad Agrawal, learned counsel for the appellant, would submit that the Claims Tribunal has erred in awarding the less compensation. He would also submit that the Claims Tribunal erred in assessing income of the deceased 4,500/- per month which should be 6,107/- per ₹ ₹ month as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh and also the deduction should be 1/3 in place of 1/2. He would further submit that under the heads of consortium, funeral expenses and estate less amount has been awarded by the Claims Tribunal which is liable to be enhanced. 3 MAC No. 1639 of 2019 3. Mr. Raj Awasthi, learned counsel for the Insurance Company/respondent No.2, would oppose the prayer made by learned counsel for the appellant and support the impugned award. 4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records minutely. 5. Learned Claims Tribunal assessed the monthly income of deceased 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 6,107/- (as ₹ per minimum wages prescribed at relevant time). Furthermore, deduction should be 1/3 in place of 1/2 and also under the heads of consortium, funeral expenses and estate less amount has been awarded by the Claims Tribunal which 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 Company Ltd. V. Pranay Sethi 1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 4 MAC No. 1639 of 2019 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. Monthly Income ₹4,500/- 6,107/- ₹ 2. Future Prospect (+)10% = 450/-; Total = 4,500+450 = ₹ 4,950/- (+)10% = 610 ₹ /-; Total = 6,107+610 = ₹ 6,717/- ₹ 3. Yearly Income ₹4,950 x 12 = 59,400/- ₹ ₹6,717 x 12 = 80,604 ₹ 4. Multiplier (x) 9 = 5,34,600/- ₹ (x) 9 = 7,25,436/- ₹ 5. Deduction (-) ½ = 2,67,300/-; ₹ ₹5,34,600–2,67,300= 2,67,300/- (total ₹ income) (-) 1/3 = 2,41,812/-; ₹ ₹7,25,436-2,41,812= 4,83,624/- (total ₹ income) 6. Loss of Estate ₹15,000/- 18,000/- ₹ 7. Funeral Expenses ₹15,000/- 18,000/- ₹ 8. Consortium ₹40,000/- ₹44,000 x 5 = 2,20,000/- ₹ Total ₹3,37,300/- ₹7,39,624 /- 7. In view of the aforesaid analysis, the amount of compensation of 3,37,300 ₹ /- awarded by the Claims Tribunal is enhanced to 7,39,624 ₹ /-. Hence, after deducting the amount of ₹3,37,300 /-, the appellant/claimants are held to be entitled to an additional amount of 4,02,324/- ₹ . The concerned respondent is directed to deposit the amount of compensation 3 (2018) 18 SCC 130 5 MAC No. 1639 of 2019 as enhanced by this Court 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