1 CGHC010423402024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2318 of 2024 1 - Ku. Reshma Sarthi D/o Late Gulal Sarthi Aged About 22 Years R/o Village - Balrampur, P.S. - Bishrampur, Post - Karwan, Tahsil - Latorti, District - Surajpur Chhattisgarh (Claimant) 2 - Ku. Sarita Sarthi D/o Late Gulal Sarthi Aged About 20 Years R/o Village - Balrampur, P.S. - Bishrampur, Post - Karwan, Tahsil - Latorti, District - Surajpur Chhattisgarh (Claimant) 3 - Ku. Sweta Sarthi D/o Late Gulal Sarthi Aged About 18 Years R/o Village - Balrampur, P.S. - Bishrampur, Post - Karwan, Tahsil - Latorti, District - Surajpur Chhattisgarh (Claimant) 4 - Santanu Sarthi S/o Late Gulal Sarthi Aged About 15 Years Minor Through His Elder Sister Ku. Reshma Sarthi, D/o Late Gulal Sarthi, Aged About 20 Years, R/o Village - Balrampur, P.S. - Bishrampur, Post - Karwan, Tahsil - Latorti, District - Surajpur Chhattisgarh (Claimant) 5 - Smt. Chandramen Sarthi W/o Late Luran Sarthi Aged About 60 Years R/o Village - Balrampur, P.S. - Bishrampur, Post - Karwan, Tahsil - Latorti, District - Surajpur Chhattisgarh (Claimant) ... Appellants versus Vijay Malik S/o Vairagi Malik Aged About 23 Years R/o Madhavgarh, P.S. - Fatehgarh, Tahsil - Bhapur, District - Nayagarh Odisha Prasent Address - Barbarik Camp, Aamgaon Mines, P.S. - Ramanujnagar, District Surajpur Chhattisgarh (Vehicle Driver) 2 - Kanhaiyalal Agrwal S/o Late Sadhuram Agrwal Aged About 45 Years R/o Ketka Road Surajpur, P.S. - Surajpur, Tahsil And District Surajpur Chhattisgarh (Owner Of The Vehicle) 3 - Ifko Tokyo General Insurance Company Limited State Madhya SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.07.17 15:47:46 +0530 2 Pradesh And Chhattisgarh, Bhagwaan Complex 15 Floor 214, Zone - 1, M.P. Nagar Bhopal Madhya Pradesh --- Respondent(s) For Appellants/Claimants : Mr. Divyansh Shukla, Advocate on behalf of Mr. Bhupendra Singh, Adv. For Respondents : None Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (15.07.2026) 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 05.10.2024, passed in Claim Case No.167/2023, whereby the learned Claims Tribunal has awarded a total sum of Rs.11,38,500/- as compensation for the death of Gulal Sarthi, who died in a road accident which took place on 27.06.2023. 2. Learned counsel for the appellant would submit that the learned Claims Tribunal has erred in awarding lesser amount of compensation in the facts of the case. The Claims Tribunal has assessed the income of the deceased on the lower side and has also awarded lesser amount under other conventional heads, which needs to be enhanced. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. None appeared on behalf of the Respondents even when the matter is called in second round. 4. I have heard learned counsel appeared for the appellants 3 and went through the records with utmost circumspection. 5. In the case at hand, true it is that the learned Tribunal has taken the monthly income of the deceased to be Rs.7,000/-, which ought to be Rs.9,960/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh and further. Furthermore, in other conventional heads the Tribunal has granted only Rs.36,000 which ought to be 2,28,000/-, to that extent the impugned award needs to be modified. 6. It is pertinent to mention that Appellant/Claimant No.1, Smt. Reshma Sarthi, has admitted in her deposition that she was married. Being married, she was not dependent on the deceased. The Tribunal has also recorded a finding to this effect in paragraph 15 of the award that she was not dependent on the deceased and is not entitled to any compensation. In view of the above, the finding of the Tribunal in this regard is just and proper and requires no interference. 7. 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. 7000 x 12 = 84,000/- Rs. 9960 x 12 = 1,19,520/- 2. Future prospect (+)20% (i.e. Rs. 25,000) = 1,05,000/- (+)25% (i.e. Rs. 29,880) = 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 1,49,400/- 3. Deduction (-) 1/4 (i.e. 26250) = 78,750/- (-) 1/4 (i.e. 37350) = 1,12,050/- 4. Multiplier (x) 14 = 11,02,500/- (x) 14 = 15,68,700/- 5 Other convention al heads Rs. 36,000/- Rs. 2,28,000/- (18000+18000+192 000) Total Rs. 11,38,500/- Rs. 17,96,700/- 8. In view of the aforesaid analysis, the amount of compensation of Rs.11,38,500/- awarded by the Claims Tribunal is enhanced to Rs.17,96,700/-. Hence, after deducting the amount of Rs.11,38,500/-, the appellants No.2 to 5 are held entitled for an additional amount of Rs.6,58,200/-. 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. 9. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 10. The Registry is directed to communicate the claimants/appellants No.2 to 5 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 -Shubham