1 2025:CGHC:48518 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 505 of 2024 1 - Smt Satrupabai W/o Late Kanhaiyalal Gond Aged About 29 Years R/o Village Madhiyan, Ward No. 1, Tahsil Dongargarh, Dist Rajnandgaon, Chhattisgarh. 2 - Ku. Riya D/o Late Kanhaiyala Gond Aged About 5 Years Minor Through Mother Smt Satrupabai, Aged About 29 Years, W/o Late Kanhaiyalal Gond, R/o Village Madhiyan, Ward No. 1, Tahsil Dongargarh, Dist Rajnandgaon, Chhattisgarh. 3 - Shourya S/o Late Kanhaiyalal Gond Aged About 2 Years Minor Through Mother Smt Satrupabai, Aged About 29 Years, W/o Late Kanhaiyalal Gond, R/o Village Madhiyan, Ward No. 1, Tahsil Dongargarh, Dist Rajnandgaon, Chhattisgarh. ... Appellant(s) versus 1 - Vishnu Chandravanshi S/o Radheshyam Chandravanshi Aged About 38 Years R/o Village Shivpuri, Tahsil Dongargarh, District Rajnandgaon, Chhattisgarh. 2 - Avendra Kumar S/o Chabilal Sahu R/o Village Lammeta, Tahsil Churiya, District- Rajnandgaon, Chhattisgarh. 3 - Sairam General Insurance Company Limited Through Its Branch Manager, Branch Office, Plot Number 1, Fourth Floor, Maruti Height, Near, Great Easter Road, Raipur, Chhattisgarh ... Respondent(s) For Appellants : Ms. Bhavika Kotecha, Advocate. For Respondents No.1 & 2 : Shri Anirudh Shrivastava, Advocate holding the brief of Shri S.S. Baghel, Advocate. For Respondent No.3 : Shri Prashant Sahu, Advocate. NIRMALA RAO 2 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 22.09.2025 1. The appellants have filed this appeal under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 22.11.2023, passed in Claim Case No.3 of 2023 by the learned Additional Motor Accident Claims Tribunal, Rajnandgaon, wherein the learned Tribunal passed an award to the tune of Rs.11,30,200/- alongwith interest @ 6% per annum on account of death of Kanhaiya Lal Gond. 2. Learned counsel for the appellant would submit that the age of the deceased was 32 years old and was employed as a Mason. He met with an accident on 30.11.2022 and succumbed to death on account of injuries sustained by him. She would submit that as the deceased was a Mason, the learned Tribunal ought to have considered his notional income as Rs.10,350/- per month according to the minimum wages notification issued by the Labour Commissioner, Raipur, Chhattisgarh. However, the learned Tribunal assessed his income at Rs.6,000/- per month, which is on the lower side. She would further submit that the learned Tribunal has not awarded appropriate compensation for loss of consortium to the children and for loss of estate to the claimants. 3. On the other hand, learned counsel for the respondents would oppose. They would submit that the learned Tribunal has awarded just and proper compensation. 4. I have heard learned counsel for the parties and perused the documents present on record. 3 5. A perusal of the award would show that the learned Tribunal has assessed the income of the deceased at Rs.6,000/- per month, whereas it is undisputed that the deceased was a Mason and thus, he was a skilled labourer. The minimum wages payable to a skilled labourer in the month of November, 2022 was Rs.10,350/- and thus, the learned Tribunal has assessed the income on the lower side. Further, the learned Tribunal has not awarded compensation for loss of consortium to the children of the deceased and for loss of estate to the claimants, therefore, the compensation requires reconsideration. 6. Considering the above-stated facts, the compensation is being revisited herein-below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 6,000 x 12 = Rs. 72,000/- Rs. 10,350 x 12 = Rs. 1,24,200/- 2. Future Prospect 40% (28,800/-) (72,000 + 28,800 = 1,00,800/- 40% (49,680/-) (1,24,200 + 49,680 = 1,73,880/- 3. Deduction 1/3rd (1,00,800 – 33,600 = 67,200/-) 1/3rd (1,73,880 – 57,960 = 1,15,920/-) 4. Multiplier (x) 16 = Rs. 10,75,200/- (67,200 x 16) (x) 16 = Rs. 18,54,720/- (1,15,920 x 16) 5. Loss of Estate --- Rs. 15,000/- 6. Funeral expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium (for appellant No. 1) Rs. 40,000/- Rs. 40,000/- 8. Loss of consortium(for appellants No. 2 & 3) - - Rs. 80,000/- (40,000 x 2 = 80000/-) TOTAL Rs.11,30,200/- Rs. 20,04,720/- 4 14. In view of the aforesaid analysis, the amount of compensation of Rs.11,30,200/- awarded by the Claims Tribunal is enhanced to Rs.20,04,720/-. Hence, after deducting the amount of Rs.11,30,200/-, the appellants/claimants are entitled for an additional amount of Rs.8,74,520/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 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. 15. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Nimmi