(MAC No.144/2020) 2026:CGHC:13756 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 144 of 2020 {Arising out of award dated 27-9-2019 passed by the Motor Accident Claims Tribunal, Ambikapur, District Surguja in Motor Accident Claim Case No.254/2018} 1. Smt. Rajmani Khalkho, W/o Late Bal Sai Khalkho, aged about 58 years, Occupation House Wife 2. Suresh Kumar Khalkho, S/o Late Bal Sai Khalkho, aged about 38 years, Occupation Insurance Agent 3. Narendra Khalkho, S/o Late Bal Sai Khalkho, aged about 32 years, Occupation Agriculturist 4. Ku. Sangeeta Khalkho, D/o Late Bal Sai Khalkho, aged about 28 years, Occupation House Work 5. Ku. Anita Khalkho, D/o Late Bal Sai Khalkho, aged about 26 years, Occupation House Work Appellant No.1 to 5 are R/o Village Khirati, Uronpara, Post Morga, Police Station Bango, Tahsil Podi-uproda, District Korba, Chhattisgarh. 6. Naresh Kumar Khalkho, S/o Late Bal Sai Khalkho, aged about 40 years, Occupation Private Job, R/o Village Khirati, Uronpara, Post Morga, Police Station Bango, Tahsil Podi-uproda, District Korba, Chhattisgarh. Present Address Flat No.304, Vardhan Apartment, Police Line, Takki Swagat Nagar, Katol Road, Nagpur (Maharashtra) (Claimants) ... Appellants versus 1. Pradeep Agarwal, S/o Ishwarchand Agarwal, aged about 50 years, Occupation Business, R/o House No.226, R. K. Traders, Gali Nagar, P.S. & Tahsil Ambikapur, District Surguja, Chhattisgarh. (Owner) SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.03.24 16:50:12 +0530 (MAC No.144/2020) 2. The Divisional Manager, United India Insurance Company Ltd., Division Office Brahm Road, Near Kumkum Hotel, Nagar, P.S. & Tahsil Ambikapur, District Surguja, Chhattisgarh. (Insurer) ... Respondents For Appellants : Ms. Aakanksha Vishwakarma, Advocate on behalf of Mr. A.N. Pandey, Advocate. For Respondent No.2 : Mr. Abhishek Vinod Deshmukh, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 23/03/2026 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 27-9-2019 passed by the Motor Accident Claims Tribunal, Ambikapur, District Surguja in Motor Accident Claim Case No.254/2018, whereby the learned Claims Tribunal has awarded a total sum of ₹ 3,94,000/- as compensation for the death of Balsai Khalkho, who was a Rajmistri, aged about 60 years at the time of incident. The appellants herein/claimants are wife and children, respectively, of deceased Balsai Khalkho. 2. Ms. Aakanksha Vishwakarma, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the deceased was a Rajmistri and the learned Claims Tribunal ought to have taken his monthly income to be ₹ 8,100/- on the basis of notification issued under the Minimum Wages Act in the year 2021, (MAC No.144/2020) whereas, it has been taken as ₹ 4,500/, therefore, the amount of compensation be enhanced suitably. 3. Mr. Abhishek Vinod Deshmukh, 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. 5. The learned Claims Tribunal has assessed the monthly income of deceased Balsai Khalkho 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 ₹ 8,100/- (as per minimum wages prescribed at relevant time). 6. Thus, considering the evidence available on record and that the deceased was a Rajmistri, 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:- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.144/2020) 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/-. ₹ 8,100/- per month. Yearly Income = ₹ 8,100 x 12 = ₹ 97,200/-. 2. Future Prospect NIL (+) 10% i.e. ₹ 9,720; total yearly income = ₹ 97,200 + 9,720 = ₹ 1,06,920/-. 3. Deduction (-) 1/3 = ₹ 18,000/- ₹ 54,000 – 18,000 = ₹ 36,000/- (-) 1/3 = ₹ 35,640/- ₹ 1,06,920 – 35,640 = ₹ 71,280/- 4. Multiplier (x) 9 = ₹ 3,24,000/- (x) 9 = ₹ 6,41,520/- 5. Loss of Estate ₹ 15,000/- ₹ 16,500/- 6. Funeral Expenses ₹ 15,000/- ₹ 16,500/- 7. Loss of Consortium ₹ 40,000/- ₹ 44,000/- x 3 = ₹ 1,32,000/- (only 3 claimants were found to be dependents as per para 19 of the impugned award) Total ₹ 3,94,000/- ₹ 8,06,520/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 3,94,000/- awarded by the Claims Tribunal is enhanced to ₹ 8,06,520/-. Hence, after deducting the amount of ₹ 3,94,000/-, the appellants are held entitled for an additional amount of ₹ 4,12,520/-. 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. 17-12-2018 till its realisation. Rest of the conditions of the impugned award shall remain intact. Page 5 of 5 (MAC No.144/2020) 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