1 2025:CGHC:46874 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 430 of 2022 1 - Smt. Rukmaniya Singh, W/o. Late Bandhu Singh, Aged About 62 Years, Occupation -House Wife, R/o. Village Chumra, Post – Chaki, Police Chowki – Vijaynagar, P.S. & Tahsil Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh. 2 - Ramsurat Singh, W/o. Late Bandhu Singh, Aged About 45 Years, Occupation - Labour & Agriculture, R/o. Village Chumra, Post - Chaki Police Chowki – Vijaynagar, P.S. & Tahsil Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh. ... Appellants versus 1 - Ekhlakh Khan, S/o. Anish Khan, Aged About 25 Years, Occupation Driver Of Vehicle, R/o. Village - Chumra, Post – Chaki, Police Chowki – Vijaynagar, P.S. & Tahsil Ramanujganj, District - Balrampur – Ramanujganj, Chhattisgarh. (Driver) 2 - Amit Kumar Agarwal, S/o. Suresh Kumar Agrawal, Aged About 40 Years, Occupation Owner Of Truck, R/o. Brahm Ward, Ram Mandir Road, Nagar- Ambikapur, P.S. & Tahsil Ambikapur, District – Surguja, Chhattisgarh. (Owner) 3 - The Divisional Manager, Oriental Insurance Company Ltd. Division Office Manendragarh Road, Near Ambedkar Chowk, Nagar Ambikapur, District – Surguja, Chhattisgarh. ... Respondents ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.09.15 10:33:40 +0530 2 For Appellants : Mr. Shubham Tiwari, Advocate on behalf of Mr. A.N.Pandey, Advocate For Respondent No.3 : Mr. Hanuman Prasad Agrawal, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 12.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 15.12.2021 passed by learned Motor Accident Claims Tribunal, Surguja (Ambikapur) in Claim Case No.15/2021, whereby the claim application of the claimants has been allowed and an amount of Rs. 4,06,000/- along-with 7% interest per annum from the date of claim application has been awarded as compensation to the claimants for the death of Bandhu Singh, aged about 65 years, at the time of incident. 2. Appellants, who are wife & son of deceased Bandhu Singh filed an application under Section 166 of the Act of 1988 before the Motor Accident Claims Tribunal (for brevity “Claims Tribunal”) seeking compensation to the tune of Rs. 3 5,97,972/- pleading therein that on the date of accident, deceased Bandhu Singh was aged about 65 years and was a sole bread earner of the family and on account of his untimely death in the accident, the appellants have suffered economical and psychological difficulties. 3. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that deceased Bandhu Singh died in the accident arising out of rash & negligent driving of the offending vehicle driven by the respondent No.1, owned by the respondent No.2 and insured by the respondent No.3. Breach of conditions of insurance policy was not found to be proved and after calculating the amount of compensation, the learned Claims Tribunal awarded Rs. 4,06,000/- as total compensation with interest @ 7% per annum from the date of filing of claim application. 4. Mr. Shubham Tiwari, learned counsel appearing for the appellants, would submit that the learned Claims Tribunal has awarded very meager amount, as the Claims Tribunal erred in assessing income of deceased as Rs.6,000/- per month, which should be Rs. 8,860/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh for unskilled labour. Therefore, the instant 4 appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal may be enhanced suitably. 5. Mr. Hanuman Prasad Agrawal, learned counsel for the insurance company/ respondent No.3 would submit that the appellants have failed to prove the exact income of deceased by producing clinching and admissible piece of evidence, hence, the learned Claims Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the learned Claims Tribunal is just and proper, which does not call for any interference. 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 7. Learned Claims Tribunal has assessed the monthly income of deceased Bandhu Singh to be Rs.6,000/- per month, 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.8,860/- per month, which comes to Rs. 1,06,320/- per annum. 5 8. 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:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 6,000 x 12 = Rs. 72,000/- Rs. 8,860 x 12 = Rs. 1,06,320/- Deduction of 1/3 towards personal expenses Rs. 72,000 – 24,000 = Rs.48,000/- Rs. 1,06,320 – 35,440 = Rs.70,880/- Multiplier of 7 Rs. 48,000 x 7 = Rs. 3,36,000/- Rs. 70,880 x 7 = Rs. 4,96,160/- Loss of consortium Rs. 40,000/- Rs. 44,000 x 2 = Rs.88,000/- Loss of Estate Rs. 15,000/- Rs. 16,500/- Funeral Expenses Rs. 15,000/- Rs. 16,500/- Total Rs. 4,06,000/- Rs. 6,17,160/- 9. In view of the aforesaid analysis, the amount of compensation of Rs. 4,06,000/- awarded by the Claims Tribunal is enhanced 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 to Rs. 6,17,160/-. Hence, after deducting the amount of Rs. 4,06,000/-, the appellants are entitled for an additional amount of Rs. 2,11,160/-. The respondent No.3/ insurance company is directed to firstly pay the amount of compensation to the claimants and thereafter, recover the same from the driver & owner (respondents No.1 & 2) of the offending vehicle within a period of 3 months from the date of receipt of copy of this order. The additional amount of compensation shall also carry interest @ 7% 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. 10. Accordingly, this appeal is allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok