1 MAC No. 1142 of 2020 2026:CGHC:19115 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1142 of 2020 1. Ramshila Bai Netam Wd/o Late Pyare Lal Netam, Aged About 47 Years; 2. Durgesh Kumar Netam, S/o Late Pyare Lal Netam, Aged About 21 Years; 3. Rupesh Kumar Netam, S/o Late Pyare Lal Netam, Aged About 16 Years; 4. Kumari Vinita Netam D/o Late Pyare Lal Netam, Aged About 13 Years; 5. Chaitram Netam S/o Late Pyare Lal Netam, Aged About 10 Years; 6. Ratan Singh Netam S/o Late Pyare Lal Netam, Aged About 8 Years; 7. Brij Bai Netam Wd/o Late Bund Ram Netam, Aged About 63 Years; Appellants No.3 to 6 are minor, through natural guardian mother Ramshila Bai Netam. All are R/o Village Ghoghra, Police Station Bilha, Tahsil And District Bilaspur Chhattisgarh..............Claimants. ... Appellants versus 1. Mahaveer Pandey S/o Balmukund Pandey, Aged About 41 Years, R/o Village Bodri, Ward No. 1, Chakarbhatha, Tahsil And District Bilaspur Chhattisgarh. (Driver Of Pickup Bearing Registration No. C.G.-22-AC.- 9611)................Non-Applicant. 2. Vijay Das Manikpuri S/o Kheekh Das Manikpuri, R/o C.S.E.B. Colony, Surkhi Road, Ramsagar Ward, Bhathapara, Tahsil And District Baloda ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 1142 of 2020 Bazar Bhatapara Chhattisgarh. (Registered Owner Of Pickup Bearing Registration No. C.G.-22-AC.-9611)............Non-Applicant. 3. Shriram General Insurance Company Limited, Through Branch Manager, Branch Office Maruti Heights, Beside Sky Automobiles, G.E. Road Raipur, Tahsil And District Raipur (Chhattisgarh) (Insurer Of Pickup Bearing Registration No. C.G.-22-AC-9611)................Non- Applicant. ... Respondents For Appellants :- Mr. Anil Gulati, Advocate. For Respondent No.3 :- Mr. Sangeet Kumar Kushwaha, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 25.04.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants/claimants, seeking enhancement in the amount of compensation by challenging the impugned award dated 19.02.2020 passed by the 7th Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 198/2019 whereby learned Claims Tribunal has allowed the claimants’ application and awarded a sum of 8,26,960/- ₹ as compensation along with interest for death of Pyare Lal Netam. 2.Mr. Anil Gulati, learned counsel for the appellants, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the present cases. He would also submit 3 MAC No. 1142 of 2020 that the Claims Tribunal erred in assessing income of the deceased ₹6,000/- per month which should be 8,400/- per month as per ₹ Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. He would further submit that under the heads of consortium, loss of estate and funeral expenses less amount has been awarded by the Claims Tribunal, which is liable to be enhanced. Therefore, the appeal filed by the claimants deserves to be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3.Mr. Sangeet Kumar Kushwaha, learned counsel for the Insurance Company, would oppose the prayer made by learned counsel for the appellant and submit that the amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 4.I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records meticulously. 5.Learned Claims Tribunal assessed the monthly income of deceased 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 4 MAC No. 1142 of 2020 deceased should be 8,400/- (as per minimum wages prescribed at ₹ relevant time) and ₹1,00,800/- per annum. Furthermore, the Claims Tribunal has awarded less amount under the heads of consortium, loss of estate and funeral expenses, 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 Sethi1, Sarla Verma & Ors. Vs. 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:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹6,000x12= 72,000/- ₹ ₹8,400x12= 1,00,800/- ₹ 2. Future Prospect (+)10% = 7,200/-; Total ₹ = ₹72,000+7,200 = 79,200/- ₹ (+) 10% =10,080/- Total = ₹1,00,800+10,080= 1,10,800/- ₹ 3. Multiplier (x) 11 = 8,71,200/- ₹ (x)11 = 12,19,680/- ₹ 4. Deduction (-) 1/5 = ₹1,74,240/-; Total= 8,71,200-1,74,240 ₹ = 6,96,960/- ₹ (-)1/5 = ₹2,43,936/-; Total= 12,19,680- ₹ 2,43,936= 9,75,744/- ₹ 5. Consortium ₹1,00,000/- ₹48,000 x 7 = 3,36,000/- ₹ 6. Loss of Estate ₹15,000/- 18,000/- ₹ 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 MAC No. 1142 of 2020 7. Funeral expenses ₹15,000 18,000/- ₹ 8. Total ₹8,26,960 /- ₹13,47,744 /- 7. In view of the aforesaid analysis, the amount of compensation of ₹8,26,960 /- awarded by the Claims Tribunal is enhanced to ₹13,47,744 /-. Hence, after deducting the amount of 8,26,960 ₹ /-, the appellants/claimants are held to be entitled to an additional amount of 5,20,784/- ₹ . The concerned respondent is directed to deposit the amount of compensation 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 @8% 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, the appeal filed by the claimants is allowed in part and the impugned award is modified to the extent as indicated herein- above. Sd/- (Sanjay K. Agrawal) Judge Ankit