1 2025:CGHC:46943 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 372 of 2023 1 - Smt. Sunita Bai Dhritlahare W/o Late Vishwajeet Aged About 31 Years R/o Village Mohada, Police Station Hirri, Tahsil Bilha, District Bilaspur Chhattisgarh 2 - Ku. Veena Dhritlahare D/o Late Vishwajeet Aged About 17 Years R/o Village Mohada, Police Station Hirri, Tahsil Bilha, District Bilaspur Chhattisgarh 3 - Ku. Varsha Dhritlahare D/o Late Vishwajeet Aged About 15 Years R/o Village Mohada, Police Station Hirri, Tahsil Bilha, District Bilaspur Chhattisgarh 4 - Ku. Navya Dhritlahare D/o Late Vishwajeet Aged About 12 Years R/o Village Mohada, Police Station Hirri, Tahsil Bilha, District Bilaspur Chhattisgarh 5 - Ku. Anchal Dhritlahare D/o Late Vishwajeet Aged About 11 Years R/o Village Mohada, Police Station Hirri, Tahsil Bilha, District Bilaspur Chhattisgarh 6 - Ku. Anjani Dhritlahare D/ O Late Vishwajeet Aged About 5 Years R/o Village Mohada, Police Station Hirri, Tahsil Bilha, District Bilaspur Chhattisgarh … Appellants HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.09.15 10:52:56 +0530 2 versus 1 - Dayashankar Rajput S/o Shiv Kumar Aged About 45 Years R/o Village Bhathali, Police Station Pathariya, District Mungeli Chhattisgarh (Driver Of Motorcycle Bearing No. C.G. 04 M.F.-4148) 2 - Santanand Lodhi S/o Jaggu Lodhi Aged About 51 Years R/o Ghorha,police Station Nandghat, Tahsil Nawagarh District Bemetara Chhattisgarh (Owner Of Motorcycle Bearing No. C.G. 04 M.F.-4148) 3 - Branch Manager New India Insurance Company Limited Second Floor, Infront Of Rajeev Plaza, Old Bus Stand Bilaspur, Tahsil And District Bilaspur Chhattisgarh (Insurance Company Motorcycle Bearing No. C.G.04 M.F. 4148) ... Respondents For Appellants : Mr. Vipin Singh Thakur, Advocate For Respondent No. 3 : Mr. Pankaj Agrawal and Mrs. Swati Agrawal, Advocates SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 11.09 .2025 1. Appellants/claimants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter, “the Act of 1988”), seeking enhancement of amount of compensation, challenging the impugned award dated 27/01/2023 passed by learned 8th Additional Motor 3 Accident Claims Tribunal, Bilaspur in Claim Case No. 1377/2019 whereby compensation of Rs. 20,76,336/- has been granted in favour of respondents No. 1 to 6/claimants for the death of Vishwajeet Dhritlahre, aged about 40 years, working as an unskilled labourer. 2. Mr. Vipin Singh Thakur, learned counsel for the appellants/claimants, would submit that the amount of compensation awarded by the Claims Tribunal is liable to be enhanced as the monthly income of the deceased has been assessed by the Tribunal as Rs. 8,400/- holding that the deceased resided at District Bilaspur and the accident also occurred within the ambit of Police Station Hirri, Bilaspur, which comes under zone C as per the minimum wages notification, however, his monthly income ought to have been assessed as Rs. 8,920/- as the place where the accident occurred would come under zone B of the said notification. Accordingly, the instant appeal be allowed and the compensation awarded by the Claims Tribunal be suitably enhanced. 3. Mr. Pankaj Agrawal, learned counsel for respondent No. 3, would oppose and submit that the Claims Tribunal has rightly assessed the monthly income of the deceased and it cannot be enhanced as the place of accident as well as the place where the deceased resided would come under zone 4 C, which has rightly been held by the Tribunal. He would further submit that the amount of compensation awarded by the Claims Tribunal is already excess and on the higher side and it does not warrant any interference by this Court, as such, the instant appeal is liable to be dismissed. 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. A careful perusal of the impugned award would show that the Claims Tribunal has clearly recorded a finding in paragraph 34 that deceased resided at District Bilaspur and the accident, which occurred on 03/04/2019, also took place within the ambit of Police Station Hirri, Bilaspur which comes under zone – C as per the relevant minimum wages notification issued by the Labour Commissioner, and as such, the monthly income of the deceased has been assessed as Rs. 8,400/- which totals to Rs. 1,00,800/- yearly and thereafter, future prospect has been added as 40% and 1/5th deduction has been made towards the personal expenses of the deceased, making the yearly income of the deceased as Rs. 1,12,896/- and thereafter, applied the multiplier of 16 totalling loss of dependency to be Rs. 18,06,336/- and thereafter, Rs. 2,40,000/- has been granted as loss of consortium, Rs. 15,000/- as loss of 5 estate, Rs. 15,000/- as funeral expenses and thereby, total compensation of Rs. 20,76,336/- has been awarded in favour of appellants/claimants, which in my considered opinion, is just and proper, and does not warrant any interference by this Court. I do not find any merit in this appeal. 6. Accordingly, the instant appeal is liable to be and is hereby dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet