1 CGHC010238442023 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1199 of 2023 1 - Devki Bai Kashyap W/o Late Ramnarayan Kashyap Aged About 52 Years R/o Village Gidhouri, Post Jali, Police Station Ratanpur, District - Bilaspur (Chhattisgarh) 2 - Radheshyam Kashyap S/o Late Ramnarayan Kashyap Aged About 30 Years R/o Village Gidhouri, Post Jali, Police Station Ratanpur, District - Bilaspur (Chhattisgarh) ... Appellant versus 1 - Ramkumar Kaiwart S/o Shriram Kaiwart Aged About 34 Years R/o Manas Manch Para, Jali, Police Station Ratanpur, District - Bilaspur (Chhattisgarh) (Driver Of Trailler No. C.G. 10 R – 1974) 2 - Seetaram Jaiswal S/o Sarju Prasad Jaiswal R/o Ward No. 9, Kalarpara Beltara, District - Bilaspur (Chhattisgarh) (Owner Of Trailer No. C.G. - 10 R- 1974) 3 - New India Insurance Company Limited Through Branch Manager, Branch Office - Second Floor, Rama Trade Center, In Front Of Rajeev Plaza, Old Bus Stand Road, Police Station Civil Line, Tahsil And District Bilaspur (Chhattisgarh) (Insurer Of Trailler No. C.G. - 10 R- 1974) ... Respondents For Appellants/Claimants : Mr. Mohammad Parvez Khan, Adv. For Respondent No. 3 : Ms. Pooja Yadav, Advocate on behalf of Mr. Shivendu Pandya, Adv. For respondents No. 1 & 2 : None. 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (07.08.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 11.05.2023, passed in Claim Case No. 32/2022, whereby the learned Claims Tribunal has awarded a total sum of Rs.7,46,680/- as compensation for the death of Ramnarayan Kashyap (60-years-old) who died in a road accident which took place on 05.10.2021. 2. Learned counsel for the appellant submits that the deceased, Ramnarayan Kashyap, was involved in the work of agriculture and was earning Rs. 25,000/- per month; therefore, the income assessed by the Claims Tribunal at Rs. 7,900/- per month is on the lower side, as on the date of the accident, the minimum wages of the unskilled labourer were Rs. 9,280/-. Hence, the appeal be allowed, and the award passed by the Claims Tribunal be suitably enhanced. 3. Learned counsel for respondent No.3/insurance company would submit that the Claims Tribunal after appreciating oral and documentary evidence available on record rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. In the case at hand, the learned Tribunal has indeed taken the deceased's monthly income to be Rs. 7,900/-. The claimants pleaded that the deceased was involved in the work of agriculture, aged about 60 years and was earning Rs. 25,000/- per month, but they could not produce any documentary proof 3 to substantiate their claim; therefore, it would be proper to take his monthly income of Rs.9,280/- as per the Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh for unskilled labour. Therefore, to that extent the impugned award needs to be modified. 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 & Ors3, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Income Rs. 7,900x12 = 94,800/- Rs. 9,280x12 = 1,11,360/- 2. Future prospect (+)10% (i.e. 9,480) = 1,04,280 (+)10% (i.e. 11,136) = 1,22,496 3. Deduction (-) 1/3 (i.e. 34,760) = 69,520/- (-) 1/3 (i.e. 40,832) = 81,664/- 4. Multiplier (x) 9 = 6,25,680/- (x) 9 = 7,34,976/- 5. Other conventio nal heads Rs. 1,21,000/- Rs. 1,21,000/- Total Rs. 7,46,680/- Rs. 8,55,976/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.7,46,680/- awarded by the Claims Tribunal is enhanced to Rs.8,55,976/-. Hence, after deducting the amount of Rs.7,46,680/-, the appellants are held entitled for an additional amount of Rs.1,09,296/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of the claim application before the Claims Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 8. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 9. The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the concerned Tribunal. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.