1 MAC No. 357 of 2022 2025:CGHC:49278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 357 of 2022 1. Sumitra Painkra Wd/o Late Santan Kumar Sai, Aged About 26 Years; 2. Tilsamati Painkra Wd/o Late Satnarayan Sai, Aged About 65 Years; 3. Subhash Sai Wd/o Late Satnarayan Sai, Aged About 24 Years; All are R/o Village Chetba, PS and Tehsil Kansabel, District Jashpur, Chhattisgarh. ... Appellants versus 1. Pramod Kumar Singh S/o Triveni Singh, Aged About 42 Years, R/o Village Dunduriya, Gaing Colony, Gumla, District Gumla, Jharkhand (Drive And Owner). 2. Branch Manager National Insurance Company Limited, Branch Office Gumla , District Gumla Jharkhand, Through Mandal Office Korba, Address Plot No. 768, 1st Floor, Above Bandhak Bank, Niharika, Kosabadi, Mainroad, Korba, District Korba, Chhattisgarh. (Insurance Company) ... Respondents For Appellants :- Mr. Shobhit Koshta, Advocate. For Respondent No.3 :- Mr. Qamrul Aziz, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.09.26 13:28:35 +0530 2 MAC No. 357 of 2022 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 25.09.2025 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, challenging the impugned award dated 06.08.2021 passed by the Motor Accident Claims Tribunal, Jashpur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 53/2019, whereby learned Claims Tribunal has awarded a total sum of 19,57,032/- ₹ as compensation along with interest for death of Santan Kumar Sai, aged about 30 years at the time of incident. 2. Cross objection has also been filed by the Insurance Company/respondent No.2 herein. 3. Mr. Shobhit Koshta, learned counsel for the appellants, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. He would also submit that the Claims Tribunal erred in assessing income of deceased as 9,490/- per ₹ month which should be ₹9,830/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh for skilled person. 3 MAC No. 357 of 2022 Thus, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 4. Mr. Qamrul Aziz, learned counsel for the Insurance Company/respondent No.3, would submit that the appellant has 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. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records meticulously. 6. Though the Claims Tribunal has held that the deceased was the skilled labour and assessed the monthly income of deceased to be 9,490/-, 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 9,830/-, who was a skilled labour (as per minimum ₹ wages prescribed at relevant time) and 1,,17,960/- per ₹ 4 MAC No. 357 of 2022 annum. Therefore, the compensation amount is liable to be enhanced. 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 & 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 ₹ 9,490/- per month ₹ 9,830 x 12 = 1,17,960/- ₹ 2. Future prospect (+) 40% = ₹3,796/- total monthly income = 13,286/- ₹ (+) 40% = ₹ 47,184/- total yearly income = ₹ 1,65,144/- 3. Deduction (-) 1/3 = 4,428/- ₹ ₹ 13,286-4428 = ₹ 8,858/- (total montly income) (-) 1/3 = 55,048/- ₹ ₹ 1,65,144 – 55,048= 1,10,096/- (total ₹ yearly income) 4. Multiplier (x) 17 = 1,50,586/-; ₹ yearly income = 1,50,586 x 12 = 18,07,032/- (x) 17 = 18,71,632/- ₹ 5. Loss of Estate ₹15,000/- 15,000/- ₹ 6. Funeral Expenses ₹ 15,000/- ₹ 15,000/- 7. Consortium ₹1,20,000/- 1,20,000/- ₹ Total ₹ 19,57,032/- ₹ 20,21,632/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 MAC No. 357 of 2022 8. In view of the aforesaid analysis, the amount of compensation of ₹19,57,032/- awarded by the Claims Tribunal is enhanced to 20,21,632 ₹ /-. Hence, after deducting the amount of ₹19,57,032/-, the appellant is held to be entitled to an additional amount of 64,600/- ₹ . 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 @ 6% 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. 9. As a consequence, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. 10. After hearing learned counsel for Insurance Company, I do not find any merit in the cross objection, accordingly, the same is dismissed. Sd/- (Sanjay K. Agrawal) Judge Ankit