1 2025:CGHC:48095 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 489 of 2023 1 - Smt. Geeta Bai Yadaw Wd/o Late Indram Yadaw Aged About 30 Years R/o - Village - Thelaki, Police Chowki- Lawan, Police Station- Kasdol, District- Balodabazar-Bhatapara, Chhattisgarh. 2 - Lucky Yadaw S/o Late Indram Yadaw Aged About 14 Years Minor Through The Mother (Natural Guardian) Smt. Geeta Bai Yadaw Wd/o Late Indram Yadaw, Aged About- 30 Year, R/o - Village - Thelaki, Police Chowki- Lawan, Police Station- Kasdol, District- Balodabazar-Bhatapara, Chhattisgarh. 3 - Dulesh Kumar Yadaw S/o Late Indram Yadaw Aged About 9 Years Minor Through The Mother (Natural Guardian) Smt. Geeta Bai Yadaw Wd/o Late Indram Yadaw, Aged About- 30 Year, R/o - Village - Thelaki, Police Chowki- Lawan, Police Station- Kasdol, District- Balodabazar-Bhatapara, Chhattisgarh. 4 - Smt. Sham Bai Yadaw W/o Parsuram Yadaw Aged About 57 Years R/o - Village - Thelaki, Police Chowki- Lawan, Police Station- Kasdol, District- Balodabazar-Bhatapara, Chhattisgarh. 5 - Parsuram Yadaw S/o Kejauram Yadaw Aged About 62 Years R/o - Village - Thelaki, Police Chowki- Lawan, Police Station- Kasdol, District- Balodabazar-Bhatapara, Chhattisgarh. ... Appellant(s) versus 1 - Rupesh Sahu S/o Ramratan Sahu Aged About 30 Years R/o - Balar Road Kasdol, Police Station - Kasdol, District- HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.09.19 10:40:27 +0530 2 Balodabazar-Bhatapara, Chhattisgarh, (Driver Of The Vehicle Wagon-R Car No. C.G. 22 K 3221) 2 - Sanjeev Sahu S/o Ramratan Sahu Aged About 43 Years R/o - Balar Road Kasdol, Police Station - Kasdol, District- Balodabazar-Bhatapara, Chhattisgarh, (Owner Of The Vehicle Wagon-R Car No. C.G. 22 K 3221) 3 - Branch Manager National Insurance Company Limited Division - 2nd Floor, Movin Mahal, G. E. Road, Raipur, District - Raipur, Chhattisgarh, (Insurer Of The Vehicle Wagon-R Car No. C.G. 22 K 3221) ... Respondent(s) For Appellants : Mr. Anand Kesharwani, Advocate For Respondent No. 3 : Mr. Qamrul Aziz, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 18.09.2025 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 of amount of compensation, challenging the impugned award dated 121/12/2022 passed by learned Motor Accident Claims Tribunal, Balodabazar, District Balodabazar-Bhatapara (C.G.) in Claim Case No. 21/2022, whereby learned Claims Tribunal has awarded a total sum of Rs. 24,69,360/- as 3 compensation to the claimants for the death of Indram Yadav, aged about 35 years, who worked as a Mason. 2. 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. Claims Tribunal erred in assessing income of deceased as Rs. 9,280/- per month which should be Rs. 9,930/- per month as per the minimum wages notification and therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for respondent No. 3 would submit that the appellants have 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. 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 record would show that the Claims Tribunal has assessed the monthly income of 4 deceased to be Rs. 9,280/-, however, in the opinion of this Court, the monthly income of the deceased should be Rs. 9,930/- (as per minimum wages prescribed at relevant time) and Rs. 1,19,160/- per annum as he worked as a Mason. 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 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:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 9,280/- x 12 = Rs. 1,11,360/- Rs. 9,930/- x 12 = Rs. 1,19,160/- 2. Future Prospect (+) 40% i.e. Rs. 44,544/- = Rs. 1,55,904/- (+) 40% i.e. Rs. 47,664/- = Rs. 1,66,824/- 3. Deduction (-) 1/4th i.e. Rs. 38,976/- = Rs. 1,16,928/- (+) 1/4th i.e. Rs. 41,706/- = Rs. 1,25,118/- 4. Multiplier (x) 16 = Rs. 18,70,848/- (x) 16 = Rs. 20,01,888/- 5. Loss of Estate Rs. 16,500/- Rs. 16,500/- 6. Funeral Expenses Rs. 16,500/- Rs. 16,500/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 7. Loss of Consortium Rs. 2,20,000/- Rs. 2,20,000/- 8. For Medical Bills Rs. 3,27,600/- Rs. 3,27,600/- 9. For Motor Cycle Repair Rs. 7,912/- Nil 10. For Travelling Rs. 10,000/- Nil Total Rs. 24,69,360/- Rs. 25,82,488/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 24,69,360/- awarded by the Claims Tribunal is enhanced to Rs. 25,82,488/-. Hence, the appellants are held entitled for an additional amount of Rs. 1,13,128/-. Respondent No. 3 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 @ 7.5% per annum from the date of filing of claim application before the Tribunal i.e. 24/02/2022 till its realization. Rest of the conditions of the impugned award shall remain intact. 8. 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 Harneet