1 MAC No. 447 of 2022 2025:CGHC:50399 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 447 of 2022 1.Ansh Priyashu Prajapati S/o Late Praveen Kumar Prajapati, Aged About 6 Years, Minor Through Legal Guardian Sant Kumar Prajapati S/o Rijhan Ram, Aged About 54 Years, Occupation Teacher R/o Village Tarkeshwarpur, Police Station & Tahsil Premnagar, District Surajpur, Chhattisgarh. 2.Rijhan Ram Prajapati S/o Sajhi Ram, Aged About 75 Years; 3.Shukrawaro W/o Rijhan Ram Prajapati, Aged About 70 Years; All are R/o Village Tarkeshwarpur, Police Station & Tahsil Premnagar, District Surajpur, Chhattisgarh. ... Appellants versus 1.Sunil Kumar Kujur S/o Rajesh Kumar Kujur, Aged About 26 Years, Occupation Driver R/o Kunwarpur, Police Station & Tahsil & Post Lakhanpur, District Sarguja, Chhattisgarh (Driver). 2.M/s Jagarnath Agro Product Through Proprietor Rajendra Kumar Agrawal, R/o Shyama Prasad Mukherjee Ward No. 8, Lakhanpur, Police Station ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.10.10 17:52:52 +0530 2 MAC No. 447 of 2022 & Tahsil & Post Lakhanpur, District, Sarguja, Chhattisgarh (Owner). 3.The Oriental Insurance Company Limited, Through Its Branch Manager, Office Address Ambikapur, District Sarguja, Chhattisgarh (Insurance Company). ... Respondents For Appellants :- Mr. Gyan Prakash Shukla, Advocate. For Respondent No.3 :- Mr. Akash Shrivastava, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 09.10.2025 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 23.12.2021 passed by the 3rd Additional Motor Accident Claims Tribunal, Surajpur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 176/2019, whereby learned Claims Tribunal has awarded a sum of 12,06,000/- ₹ as compensation along with interest for death of Praveen Kumar Prajapati, who was a teacher in 3 MAC No. 447 of 2022 private school, aged about 38 years at the time of incident; 13,62,800/- for death of Saroj, ₹ who was a vegetable seller and aged about 30 years and ₹30,000/- for death of Atul, aged about 2 years at the time of incident; in total ₹25,98,800/- compensation awarded by the Claim Tribunal. 2.Mr. G.P. Shukla, 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 persons Praveen and Saroj as 7,000/- each per month ₹ which should be ₹8,400/- each as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh and also under the head of consortium the amount has not been awarded by the Claims Tribunal which is liable to be awarded, therefore, the instant appeal be 4 MAC No. 447 of 2022 allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3.Mr. Akash Shrivastava, learned counsel for the Insurance Company/respondent No.3, would submit that the appellants have failed to prove nature of occupation and income of deceased persons by producing clinching and admissible piece of evidence and also the age of the deceased, hence, the Tribunal is justified in assessing income of deceased persons 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 gone through the records meticulously. 5.Learned Claims Tribunal assessed the monthly income of deceased persons to be ₹7,000/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification 5 MAC No. 447 of 2022 issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased persons should be ₹8,400/- (as per minimum wages prescribed at relevant time) and ₹1,00,800/- per annum. Moreover, under the head of consortium the amount is also liable to be awarded, as such, the compensation amount is liable to be enhanced. 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 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 for the death of Praveen (deceased) as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹7,000 x 12 = ₹ 84,000/- ₹ 8,400 x 12 = ₹1,00,800/- 2. Future (+) 40% = (+) 40% = 40,320/- ₹ 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 MAC No. 447 of 2022 prospect 33,600/- total ₹ income = ₹ 1,17,600/- total income = ₹ 1,41,120/- 3. Deduction (-) 1/3 = ₹ 39,200/- ₹1,17,600–39,200= ₹78,400/- (total income) (-) 1/3 = 47,040/- ₹ ₹ 1,41,120 – 47,040 = ₹94,080/- (total income) 4. Multiplier (x) 15 = ₹11,76,000/- (x) 15 = ₹ 14,11,200/- 5. Loss of Estate ₹ 15,000/- ₹ 15,000/- 6. Funeral Expenses ₹ 15,000/- ₹ 15,000/- 7. Consortium Not awarded 1,20,000/- ₹ Total ₹12,06,600/- ₹15,61,200 /- 7.This Court is computing the compensation for the death of Saroj (deceased) as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹7,000 x 12 = ₹ 84,000/- ₹ 8,400 x 12 = ₹1,00,800/- 2. Future prospect (+) 40% = 33,600/- total ₹ income = ₹ 1,17,600/- (+) 40% = 40,320/- ₹ total income = ₹ 1,41,120/- 3. Deduction (-) 1/3 = ₹ 39,200/- ₹1,17,600–39,200= ₹78,400/- (total income) (-) 1/3 = 47,040/- ₹ ₹ 1,41,120 – 47,040 = ₹94,080/- (total income) 4. Multiplier (x) 17 = ₹1,32,800/- (x) 17 = ₹ 15,99,360/- 5. Loss of Estate ₹ 15,000/- ₹ 15,000/- 7 MAC No. 447 of 2022 6. Funeral Expenses ₹ 15,000/- ₹ 15,000/- 7. Consortium Not awarded 40,000/- ₹ Total ₹13,62,800/- ₹16,69,360 /- 8.However, the compensation awarded by the Claims Tribunal for the death of Atul who was aged about 2 years at the time of incident is just and proper. As such, the total amount of compensation enhanced/awarded by this Court is ₹32,60,560/- . 9.As such, in view of the aforesaid analysis, the total amount of compensation of 25,98,800/- ₹ awarded by the Claims Tribunal is enhanced to ₹32,60,560. Hence, after deducting the amount of 25,98,800/- ₹ , the appellants are held to be entitled to an additional amount of ₹6,61,760/- . 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 @ 8% per 8 MAC No. 447 of 2022 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 in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit