(MAC No.123/2019) CGHC010014082019 2026:CGHC:30905 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 123 of 2019 {Arising out of award dated 31-7-2018 passed by the 3rd Additional Motor Accident Claims Tribunal, Balodabazar in Claim Case No.H 73/2017} 1. Smt. Kanta Bai Verma, Wd/o Late Mangluram Verma, aged about 35 years 2. Smt. Sahodra Bai, Wd/o Late Reshamlal Verma, aged about 60 years, 3. Minor Devkumar, S/o Late Mangluram Verma, aged about 14 years, Appellant No.3 is minor, through the mother (natural guardian) appellant No.1, Smt. Kanta Bai Verma, Wd/o Late Mangluram Verma, All R/o Village Kharri, Police Station & Tehsil Kasdol, District (Revenue and Civil) Balodabazar-Bhatapara, Chhattisgarh. (Applicants) ... Appellants versus 1. Jafir @ Jaffer @ Golu, S/o Siraj @ Saraj, aged about 45 years, R/o Jamshedpur, Police Station Jugsalai, District Singbhuj (Jharkhand) (Driver of Truck Trailer Bearing Vehicle No.NL-02/0779) 2. Indrapal Singh, S/o Charanjeet Singh, R/o House No.5, Nairani Kudar Kadma Purvi, Singhbhumi (Jharkhand), Pin 831005 (Owner of Vehicle No.NL-02/0779) 3. Branch Manager Insurance Company, The New India Insurance Company Limited, Branch Office Raipur Road, Balodabazar, District Balodabazar-Bhatapara, Chhattisgarh. (Insurer of the Vehicle of Truck Trailor Bearing Vehicle No.NL-02/0779) (Non-Applicants) ... Respondents For Appellants : None present. For Respondent No.3 : Mrs. Swati Agrawal, Advocate on behalf of Mr. Pankaj Agrawal, Advocate. Amicus Curiae : Mr. Aakash Shrivastava, Advocate. SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.07.21 16:50:00 +0530 (MAC No.123/2019) Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 21/07/2026 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 31-7-2018 passed by the 3rd Additional Motor Accident Claims Tribunal, Balodabazar in Claim Case No.H 73/2017, whereby the learned Claims Tribunal has awarded a total sum of ₹ 9,30,000/- as compensation for the death of Mangluram Verma, who was a Mason, aged about 40 years at the time of incident. The appellants herein/claimants are wife, mother and minor son of deceased Mangluram Verma. 2. When the matter is called for hearing, none present for the appellants herein/claimants. No representation is made. 3. Mrs. Swati Agrawal, learned counsel appearing on behalf of respondent No.3 herein/Insurance Company, would support the impugned award and oppose the appeal. 4. Mr. Aakash Shrivastava, Advocate, present in the Court, is requested to assist the Court. He would submit that the deceased was a Mason 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 (MAC No.123/2019) ₹ 6,000/-, therefore, the amount of compensation be enhanced suitably. 5. 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. 6. The learned Claims Tribunal has assessed the monthly income of deceased Mangluram Verma 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 ₹ 7,930/- (as per minimum wages prescribed at relevant time). 7. Thus, considering the evidence available on record and that the deceased was a Mason, 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/-. ₹ 7,930/- per month. Yearly Income = ₹ 7,930 x 12 = ₹ 95,160/-. 2. Future Prospect 25% i.e. ₹ 18,000/-; ₹ 72,000 + 18,000 = ₹ 25% i.e. ₹ 23,790/-; ₹ 95,160 + 23,790 = ₹ 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.123/2019) 90,000/- 1,18,950/- 3. Deduction (-) 1/3 = ₹ 30,000/- ₹ 90,000 – 30,000 = ₹ 60,000/- (-) 1/3 = ₹ 39,650/- ₹ 1,18,950 – 39,650 = ₹ 79,300/- 4. Multiplier (x) 15 = ₹ 9,00,000/- (x) 15 = ₹ 11,89,500/- 5. Loss of Estate ₹ 15,000/- ₹ 15,000/- 6. Funeral Expenses ₹ 15,000/- ₹ 15,000/- 7. Loss of Consortium NIL ₹ 40,000/- x 3 = ₹ 1,20,000/- Total ₹ 9,30,000/- ₹ 13,39,500/- 8. In view of the aforesaid analysis, the amount of compensation of ₹ 9,30,000/- awarded by the Claims Tribunal is enhanced to ₹ 13,39,500/-. Hence, after deducting the amount of ₹ 9,30,000/-, the appellants are held entitled for an additional amount of ₹ 4,09,500/-. 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. 13-7-2017 till its realisation. Rest of the conditions of the impugned award shall remain intact. 9. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. 10. Intimation along with a copy of this judgment be sent to the appellants, as none has appeared in this case on behalf of the appellants to represent them. Sd/- (Sanjay K. Agrawal) Judge Soma