Page No.1 of 5 IN MAC-327-2022 2025:CGHC:49039 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 327 of 2022 [Arising out of award dt. 09.11.2021, passed in Claim Case No.522 of 2019 (Smt. Laxmin Tamboli and others v. Sanjay Kumar Sahu and others) by the 8th Addl. Motor Accident Claims Tribunal, Bilaspur (CG)] 1 - Smt. Laxmin Tamboli Wd/o Late Shivkumar Tamboli Aged About 47 Years R/o Village And Post Ranigaon, Police Station Ratanpur, District Bilaspur, Chhattisgarh, At Present Near Dak Bangala, Kota, Police Station Kota, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 2 - Durgesh Kumar Tamboli S/o Late Shivkumar Tamboli Aged About 30 Years R/o Village And Post Ranigaon, Police Station Ratanpur, District Bilaspur, Chhattisgarh, At Present Near Dak Bangala, Kota, Police Station Kota, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 3 - Suresh Kumar S/o Late Shivkumar Tamboli Aged About 29 Years R/o Village And Post Ranigaon, Police Station Ratanpur, District Bilaspur, Chhattisgarh, At Present Near Dak Bangala, Kota, Police Station Kota, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 4 - Ajay Kumar Tamboli S/o Late Shivkumar Tamboli Aged About 24 Years R/o Village And Post Ranigaon, Police Station Ratanpur, District Bilaspur, Chhattisgarh, At Present Near Dak Bangala, Kota, Police Station Kota, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ... Appellant Versus 1 - Sanjay Kumar Sahu S/o Dhanaram Sahu Aged About 28 Years R/o Village Gondaiya, Post Office And Police Station Ratanpur, District Bilaspur, Chhattisgarh (Driver Of The Vehicle Tractor No. SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 5 IN MAC-327-2022 C.G. 10 D.A. 2257 And Trolley No. C.G. 10 W 0509), District : Bilaspur, Chhattisgarh 2 - Janakram Sahu S/o Late Latelram Sahu Aged About 65 Years R/o Village Gondaiya, Post Office And Police Station Ratanpur, District Bilaspur, Chhattisgarh (Owner Of The Vehicle Tractor No. C.G. 10 D.A. 2257 And Trolley No. C.G. 10 W 0509), District : Bilaspur, Chhattisgarh 3 - United India Insurance Company Limited, Through Divisional Manager, Divsion Office Guru Kripa Tower, 2nd Floor, Vyapar Vihar, Bilaspur, District Bilaspur, Chhattisgarh (Insurer Of The Vehicle Tractor No. C.G. 10 D A 2257 And Trolley No. C.G. 10 W 0509), District : Bilaspur, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. Anand Kesharwani, Advocate For Respondents No.1-2 : Ms. Sweksha Sharma, Advocate For Respondent No.3 : Mr. Rakshit Tiwari, Advocate on behalf of Mr. Pankaj Agrawal, Adv. ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 24.09.2025 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 amount of compensation, challenging the impugned award dt. 09.11.2021, passed in Claim Case No.522 of 2019 (Smt. Laxmin Tamboli and others v. Sanjay Kumar Sahu and others) by the 8th Addl. Motor Accident Claims Tribunal, Bilaspur (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.10,76,446/- as compensation for the death of Shiv Kumar Tamboli. 2. Learned counsel for the appellants would submit that learned Page No.3 of 5 IN MAC-327-2022 Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. Claims Tribunal erred in assessing income of deceased as Rs.8140/- per month which should be Rs.8790/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Further, learned Claims Tribunal also erred in awarded Rs.15,000/- each on the heads of funeral expenses and loss of estate, whereas it ought to have been Rs.16,500/- each. Even, the learned Claims Tribunal has awarded total Rs.40,000/- X 4 = Rs.1,60,000/- on the heads of loss of consortium to the appellants, which ought to have been granted Rs.44,000/- X 4 = Rs.1,76,000/- for each of the appellants. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondents would submit that the appellants have failed to prove nature of occupation and income of deceased by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of deceased on notional basis. 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 went through the records with utmost circumspection. 5. Learned Claims Tribunal assessed the monthly income of Page No.4 of 5 IN MAC-327-2022 deceased to be Rs.8,140/-, 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 Rs.8,790/- PM (as per minimum wages prescribed at relevant time). Further, on the heads of funeral expenses and loss of estate Rs.15,000/- each has been awarded, whereas it ought to have been Rs.16,500/- each and on the heads of loss of consortium to the appellants Rs.40,000/- X 4 = Rs.1,60,000/- have only been awarded, but it ought to have been awarded Rs.44,000/- X 4 = Rs.1,76,000/- for each of the appellant. 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 Sethi 1, 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 Rs.8140 x 12 = Rs.97,680/- Rs.8790 x 12 = Rs.1,05,480/- 2. Future Prospect (+) 10% (i.e. Rs.9768/-) = Rs.1,07,448/- (+) 10% (i.e. Rs.10548/-) = Rs.1,16,028/- Deduction (-) 1/4 (i.e. (-) 1/4 (i.e. 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.5 of 5 IN MAC-327-2022 Rs.26,862/-) = Rs.80,586/- Rs.29,007/-) = Rs.87,021/- 3. Multiplier (x) 11 = Rs.8,86,446/- (x) 11 = Rs. Rs.9,57,231/- 5. Loss of Estate Rs. 15,000/- Rs.16,500/- 6. Funeral Expenses Rs. 15,000/- Rs.16,500/- 7. Loss of Consortium Rs.40,000/- x 4 = Rs.1,60,000/- Rs.44,000 x 4 = Rs.1,76,000/- Total Rs.10,76,446/- Rs.11,66,231/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.10,76,446/- awarded by the Claims Tribunal is enhanced to Rs.11,66,231/-. Hence, after deducting the amount of Rs.10,76,446/-, the appellants are held entitled for an additional amount of Rs.89,785/-. The concerned respondents are directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of claim application before the Tribunal i.e. 04.05.2019 till its realization. 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 s@if