1 2025:CGHC:47837 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 490 of 2022 1 - Smt. Sumaro Bai Shyam, W/o. Late Ujiyar Shyam, Aged About 44 Years, R/o. Village Abhaypur, Police Station Premnagar, District Surajpur, At Present R/o. Village Uparpara, Rumgara, Ward No. 42, Balco Nagar, Tahsil And District Korba (C.G.) 2 - Chhatrapal, S/o. Late Ujiyar Shyam, Aged About 18 Years, R/o. Village Abhaypur, Police Station Premnagar, District Surajpur, At Present R/o. Village Uparpara, Rumgara, Ward No. 42, Balco Nagar, Tahsil And District Korba (C.G.) 3 - Seeta Singh, D/o. Late Ujiyar Shyam, Aged About 18 Years, R/o. Village Abhaypur, Police Station Premnagar, District Surajpur, At Present R/o. Village Uparpara, Rumgara, Ward No. 42, Balco Nagar, Tahsil And District Korba (C.G.) 4 - Budhau Ram, S/o. Late Dharam Sai, Aged About 71 Years, R/o. Village Abhaypur, Police Station Premnagar, District Surajpur, At Present R/o. Village Uparpara, Rumgara, Ward No. 42, Balco Nagar, Tahsil And District Korba (C.G.) ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.09.18 14:37:45 +0530 2 5 - Smt. Budhiyaro, W/o. Budhau Ram, Aged About 54 Years, R/o. Village Abhaypur, Police Station Premnagar, District Surajpur, At Present R/o. Village Uparpara, Rumgara, Ward No. 42, Balco Nagar, Tahsil And District Korba (C.G.) ... Appellants versus 1 - Om Prakash, S/o. Late Deendayal, Aged About 55 Years, R/o. Charcha, Vivikanand Colony, Quarter No. 1430, Police Station Charcha, District Korea (C.G.) (Owner & Driver Of Offending Vehicle ) 2 - Branch Manager, Iffco - Tokio General Insurance Company Limited, First Floor, Near, ICICI Bank, Behind Vyapar Vihar, Sanjay Apartment, Bilaspur, District Bilaspur (C.G.) (Insurer) ... Respondents For Appellants : Mr. Mirza Kaisher Beg, Advocate For Respondent No.1 : Ms. Gunja Taram, Advocate on on behalf of Mr. Anil Gulati, Advocate For Respondent No.2 : Ms. Vartika Shrivastava, Advocate on behalf of Mr. P.R.Patankar, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 17.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/ claimants seeking 3 enhancement of the amount of compensation, challenging the impugned award dated 10.11.2021 passed by learned First Additional Motor Accident Claims Tribunal, Korba, in M.A.C.C. No. 113/2019, by which the claim application of the claimants has been allowed and an amount of Rs. 11,79,420/- has been awarded as compensation to the claimants for the death of Shyam Sundar Singh, aged about 22 years, at the time of incident. 2. Appellants, who are mother, brother, sister, grandfather & grandmother of deceased Shyam Sundar 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. 53,20,000/- pleading therein that on the date of accident, deceased Shyam Sundar Singh was aged about 22 years, working as Mason 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 Shyam Sundar Singh died in the accident arising out of rash & negligent driving of the offending vehicle driven 4 & owned by the respondent No.1 and insured by the respondent No.2. 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. 11,79,420/- as total compensation with interest @ 6% per annum from the date of filing of claim application. 4. Mr. Mirza Kaisher Beg, learned counsel 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.7,225/- per month, which should be Rs. 9,830/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh for the skilled labour. Therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal may be enhanced suitably. 5. Ms. Gunja Taram, learned counsel appearing for the respondent No.1 (driver & owner of the vehicle) and Ms. Vartika Shrivastava, learned counsel appearing for the insurance company/ respondent No.2 would submit that the appellants have failed to prove the exact income of deceased by producing clinching and admissible piece of evidence, 5 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 Shyam Sundar Singh to be Rs. 7,225/- 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.9,830/- per month and Rs.327.66/- per day. Since as per the impugned award, the deceased worked 25 days in a month, the monthly income comes to Rs.8,191.5/- and, as such, the income of deceased comes to Rs.98,298/- per annum. 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 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 6 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. 7,225 x 12 = Rs. 86,700/- Rs. 8,191.5 x 12 = Rs. 98,298/- Add future prospects @ 40% Rs. 34,680 + Rs. 86,700 = Rs. 1,21,380/- Rs. 39,319 + Rs. 98,298 = Rs. 1,37,617/- Deduction of 1/2 towards personal expenses Rs. 60,690/- Rs. 68,808.5 Multiplier of 18 Rs. 60,690 x 18 = Rs. 10,92,420/- Rs. 68,808.5 x 18 = Rs. 12,38,553/- For Treatment Rs. 10,000/- Rs. 10,000/- Loss of Consortium, Loss of Estate & Funeral Expenses Rs. 77,000/- Rs. 77,000/- Total Rs. 11,79,420/- Rs. 13,25,553/- 9. In view of the aforesaid analysis, the amount of compensation of Rs. 11,79,420/- awarded by the Claims Tribunal is enhanced to Rs. 13,25,553/-. Hence, after deducting the amount of Rs. 11,79,420/-, the appellants are 3 (2018) 18 SCC 130 7 entitled for an additional amount of Rs. 1,46,133/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months. 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. 10. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok