1 MAC No. 586 of 2023 2025:CGHC:47753 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 586 of 2023 1. Smt. Neelmani Khare W/o Late Shri Niten Khare, Aged About 24 Years; 2. Khushi Khare D/o Late Shri Niten Khare, Aged About 5 Years, Through Legal Natural Guardian Mother Neelmani;. 3. Dhaniram Khare S/o Hariram Khare, Aged About 48 Years 4. Smt. Munni Bai Khare W/o Dhaniram Khare, Aged About 45 Years; All are R/o Ward No. 09, Kawardha, Kabirdham Chhattisgarh At Present R/o Near Nahar, Kota, P. S. Kota, Tahsil And District Bilaspur Chhattisgarh. ... Appellants/Claimants versus 1. Manoj Vishwakaram S/o Santosh Vishwakarma, Aged About 27 Years, R/o Ragghupara, Bodla Kabirdham Chhattisgarh (Driver Of The Offending Vehicle Hero Delux Bearing Registration C.G. 09 J.K. 2529). 2. Mahesh Vishwakarma S/o Lalaram Vishwakarma, Aged About 30 Years, R/o Ragghupara Bodla Kabirdham Chhattisgarh (Owner Of The Offending Vehicle Hero Delux Bearing Registration C.G. 09 J.K. 2529). 3. Tata A I G General Insurance Company Ltd. Through Manager Tata A I G General Insurance Company Ltd. Address - Gwalani Chamber 4th Floor Office No. T-8, Near I.C.I.C. Bank, Vyapar ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.09.18 18:11:24 +0530 2 MAC No. 586 of 2023 Vihar Main Road, Bilaspur, Chhattisgarh, (Insurer Of The Offending Vehicle Hero Delux Bearing Registration C.G. 09 J.K. 2529), Second Address - Second Floor, Building No. 9/1, Infront Of Khandelwal Motors, M.G. Road, Adzoning T- Iceland Mal Indore - 452001, Madhya Pradesh. ... Respondents For Appellants :- Mr. C.K. Sahu, Advocate. For Respondent No.3 :- Ms. Harneet Kaur, Advocate. SB- 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 (for short “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 19.01.2023 passed by the Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 1034/2021, whereby learned Claims Tribunal has awarded a total sum of ₹17,40,760/- as compensation along with interest for death of Niten Khare, who was a labour, aged about 28 years at the time of incident. 2. Mr. C.K. Sahu, 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 3 MAC No. 586 of 2023 as ₹7,800- per month which should be ₹8,960/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. He would further submit that under the head consortium the amount is also liable to be enhanced and, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Ms. Harneet Kaur, 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 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 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 Niten Khare to be ₹7,800/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the 4 MAC No. 586 of 2023 monthly income of the deceased should be ₹8,960/- (as per minimum wages prescribed at relevant time) and ₹1,07,520/- per annum. Moreover, the Claims Tribunal has erred in awarding the amount under the head of consortium which 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 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 ₹ 7,800 x 12 = ₹ 93,600/- ₹ 8,960 x 12 = ₹1,07,520/- 2. Future prospect (+) 40% = ₹37,440/- total income = ₹ 1,31,040/- (+) 40% = ₹ 43,008/- total income = ₹ 1,50,528/- 3. Deduction (-) ¼ = ₹ 32,760/- ₹ 1,31,040 – 32,760= ₹ 98,280/- (total income) (-) ¼ = ₹ 37,632/- ₹ 1,50,528 – 37632 = ₹1,12,896/- (total income) 4. Multiplier (x) 17 = ₹ 16,70,760/- (x) 17 = ₹ 19,19,232/- 5. Loss of Estate ₹ 15,000/- ₹ 15,000/- 6. Funeral Expenses ₹ 15,000/- ₹ 15,000/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 MAC No. 586 of 2023 7. Consortium ₹40,000/- ₹40,000 x 4 = ₹ 1,60,000/- Total ₹ 17,40,760/- ₹ 21,09,232/- 7. In view of the aforesaid analysis, the amount of compensation of ₹17,40,760/- awarded by the Claims Tribunal is enhanced to ₹21,09,232/-. Hence, after deducting the amount of ₹17,40,760/-, the appellants are held to be entitled to an additional amount of ₹3,68,472/-. 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 @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 22.07.2021 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 Ankit