(MAC No.1134/2020) 2026:CGHC:21598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1134 of 2020 {Arising out of award dated 18-11-2019 passed by the Motor Accident Claims Tribunal, South Bastar Dantewada in Claim Case No.40/2018} Ku. Pooja Kashyap, D/o Late Sukhdev Kashyap, Aged about 22 years, R/o Haram Geedam, Police Station Geetam, District Dantewada, Chhattisgarh (Claimant) ... Appellant versus 1. Ramesh Kumar Yadav, S/o Sankar Yadav, Aged about 27 years, R/o Village Hiranaar Sarpanchpara, Police Station Geedam, Tahsil Geedam, District South Bastar Dantewada, Chhattisgarh. (Driver of offending vehicle) 2. Sayyad Akhtar Ali, S/o Sayyad Asgar Ali, Aged about 45 years, R/o Geedam, Police Station Geedam, District South Bastar Dantewada, Chhattisgarh. (Owner of offending vehicle) 3. Branch Manager, Shriram General Insurance Company Limited, Office At: Near Krishna Petrol Pump, Jagdalpur, Dsitrict Bastar, Chhattisgarh. (Insurance Company of offending vehicle) ... Respondents For Appellant : Mr. Praveen K. Dhurandhar, Advocate. For Respondent No.3 : Mr. Deepak Gupta, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 08/05/2026 SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.05.08 16:14:57 +0530 (MAC No.1134/2020) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant herein/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 18-11-2019 passed by the Motor Accident Claims Tribunal, South Bastar Dantewada in Claim Case No.40/2018, whereby the learned Claims Tribunal has awarded a total sum of ₹ 4,78,600/- as compensation for the death of Abhishek Kashyap, who was a Motor Cycle Mechanic, aged about 20 years at the time of incident. The appellant herein/claimant is unmarried sister of deceased Abhishek Kashyap. 2. Mr. Praveen K. Dhurandhar, learned counsel appearing on behalf of the appellant herein/claimant, would submit that the deceased was a Motor Cycle Mechanic and thus, he was a skilled labour and the learned Claims Tribunal ought to have taken his monthly income to be ₹ 7,800/- on the basis of notification issued under the Minimum Wages Act in the year 2021, whereas, it has been taken as ₹ 4,200/-, therefore, the amount of compensation be enhanced suitably. 3. Mr. Deepak Gupta, learned counsel appearing on behalf of respondent No.3 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. (MAC No.1134/2020) 5. The learned Claims Tribunal has assessed the monthly income of deceased Abhishek Kashyap to be ₹ 4,200/-, 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 ₹ 7,800/- (as per minimum wages prescribed at relevant time). 6. Thus, considering the evidence available on record and that the deceased was a Motor Cycle Mechanic, 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:- S. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation 1. Income ₹ 4,200/- per month. Yearly Income = ₹ 4,200 x 12 = ₹ 50,400/-. ₹ 7,800/- per month. Yearly Income = ₹ 7,800 x 12 = ₹ 93,600/-. 2. Future Prospect NIL 40% i.e. ₹ 37,440/-; ₹ 93,600 + 37,440 = ₹ 1,31,040/- 3. Deduction (-) ½ = ₹ 25,200/- ₹ 50,400 – 25,200 = ₹ 25,200/- (-) ½ = ₹ 65,520/- ₹ 1,31,040 – 65,520 = ₹ 65,520/- 4. Multiplier (x) 18 = ₹ 4,53,600/- (x) 18 = ₹ 11,79,360/- 5. Loss of Estate NIL ₹ 18,000/- 6. Funeral Expenses ₹ 15,000/- ₹ 18,000/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.1134/2020) 7. Love and affection ₹ 10,000/- ₹ 48,000/- Total ₹ 4,78,600/- ₹ 12,63,360/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 4,78,600/- awarded by the Claims Tribunal is enhanced to ₹ 12,63,360/-. Hence, after deducting the amount of ₹ 4,78,600/-, the appellant is held entitled for an additional amount of ₹ 7,84,760/-. 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 @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 18-5-2018 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