1 2025:CGHC:47460 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 727 of 2019 1 - Bhadaru Ram Mourya S/o Sudar Ram Mourya Aged About 48 Years R/o Bhadugudapara Chhote Morathpal Post Morathpal P.S. Parpa, District : Bastar(Jagdalpur), Chhattisgarh 2 - Miss Anita Mourya D/o Bhadaru Ram Mourya Aged About 19 Years R/o Bhadugudapara Chhote Morathpal Post Morathpal P.S. Parpa, District : Bastar(Jagdalpur), Chhattisgarh 3 - Loknath Mourya S/o Bhadaru Ram Mourya Aged About 18 Years R/o Bhadugudapara Chhote Morathpal Post Morathpal P.S. Parpa, District : Bastar(Jagdalpur), Chhattisgarh 4 - Miss Sangeeta Mourya D/o Bhadaru Ram Mourya Aged About 13 Years Minor Through Her Natural Guardian Father Shri Bhadaru Ram Mourya App. No.1, R/o Bhadugudapara Chhote Morathpal Post Morathpal P.S. Parpa, District : Bastar(Jagdalpur), Chhattisgarh ... Appellants/Claimants Versus 1 - Arjun Nag S/o Lakhmu Ram Nag Aged About 40 Years R/o Village Takraguda P.S. Bandaji District- Bastar, Chhattisgarh............(Driver Of The Vehicle), District : Bastar(Jagdalpur), Chhattisgarh 2 - M/s Maa Sharda Construction Through Its Director, Maa Sharda Nagar Dongaripara House No. 35/136 Adarsh Sindhu Nagar Colony Aghanpur Kangoli Jagdalpur District- Bastar, Chhattisgarh...................(Owner Of The Vehicle), District : Bastar(Jagdalpur), Chhattisgarh 3 - The New India Assurance Com. Ltd. Through Branch Manager Branch Office Opposite Bhadouriya Bhawan Court Road Jagdalpur, District- Bastar, Chhattisgarh..............(Insurer)...........(Non-Claimants), District : Bastar (Jagdalpur), Chhattisgarh ... Respondents For Appellants/Claimants : Mr. Vikas Patel, Advocate holding the brief of Mr. Pravin Kumar Tulsyan, Advocate For Respondent No. 3/ Insurance Company : Mr. Deepak Gupta, Advocate Digitally signed by RAMESH KUMAR VATTI Date: 2025.09.18 19:36:48 +0530 2 Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 16/09/2025 1. The appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation against the award passed by the learned Motor Accident Claims Tribunal, Bastar, Place Jagdalpur (C.G.) in Claim Case No. 139/2018 dated 08.02.2019, wherein and whereby the learned Clams Tribunal directed the Insurance Company/respondent No. 3 to make payment of compensation to the tune of Rs.8,00,056/- along with the interest @ 9% per annum to the claimants on account of death of Smt. Neela Mourya aged about 42-45 years at the time of accident. 2. Mr. Vikas Patel, learned counsel appearing for the appellants/claimants would submit that the deceased was a labour who died on 11.07.2018 in a road accident on account of rash and negligent driving of the offending vehicle – Tipper bearing No. CG-17/H/2090. He would contend that the offending vehicle was insured with respondent No. 3. He would submit that the learned Tribunal considered the notional income of the deceased at lower side, whereas according to minimum wages prevailing in the State of Chhattisgarh in the year 2018 for unskilled labour was Rs.8,100/- per month. He would further submit that the learned Claims Tribunal has also not awarded actual compensation for loss of consortium to claimants No. 2 to 4. He would further submit that as the number of the dependents are four, the learned Claims Tribunal ought to have deducted 1/4th for personal expenses of the deceased. He would pray to re-visit on the compensation. 3 3. On the other hand, Mr. Deepak Gupta, learned counsel appearing for respondent No.3/Insurance Company would oppose. He would contend that the learned Claims Tribunal passed just and proper award. He would submit that the appeal deserves to be dismissed. 4. Heard learned counsel for the parties and perused the records of the learned Claims Tribunal. 5. As the deceased died on 11.07.2018, the learned Claims Tribunal assessed the monthly income of deceased Smt. Neela Mourya Rs.5,000/- per month, whereas minimum wages payable to unskilled labour as per Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh at the relevant time was Rs.8,100/-. The learned Tribunal has wrongly deducted 1/3rd towards personal & living expenses of the deceased, whereas it should have been 1/4th as there are four dependents of the deceased. It is further noticed that the learned Tribunal has only awarded Rs.10,000/- to claimants No. 2 to 4 each towards loss of consortium and it should have been Rs.40,000/- each. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Hon’ble Supreme Court rendered in the matters of National Insurance Company Ltd. Vs. Pranay Sethi, reported in (2017) 16 SCC 680; Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors., reported in (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. Vs. Nanu Ram @ Chuhru Ram & Ors., reported in (2018) 18 SCC 130. The award was passed on 08.02.2019 and according to the law laid down by the Hon’ble Supreme Court in the matter of Pranay Sethi (supra), there should be 10% enhancement on conventional heads, namely, loss of estate, loss of consortium and 4 funeral expenses after a lapse of 03 years. As 06 years have elapsed, therefore, it would be appropriate to enhance the compensation on conventional heads by 20%, therefore, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income as per minimum wages Rs.5,000/- per month Rs.8,100/- per month 2. Future prospects @ 25% Rs.1,250 + 5,000/- = Rs.6,250/- Rs.2,025 + 8,100/- = Rs.10,125/- 3. Deduction of 1/3rd towards personal expenses Rs.6,250 – 2,083= Rs. 4,167/- per month (As the number of the dependents are four, therefore, deduction of 1/4th towards personal expenses) Rs.10,125/- - Rs.2,531/- Rs.7,594/- per month 4. Per month Income of the deceased Rs.4,167/- Rs.7,594/- 5. Annual Income of the deceased Rs.4,167 x 12= Rs.50,004/- Rs.7,594/- x 12 = Rs.91,128/- 6. Multiplier of 14 Rs.50,004 x 14 = Rs.7,00,056/- Rs.91,128/- x 14 = Rs.12,75,792/- 7. Funeral Expenses Rs.15,000/- Rs.15,000/- + 3,000/- as 20% amount Rs.18,000/- 8. Loss of Estate Rs.15,000/- Rs.15,000/- + 3,000/- as 20% amount Rs.18,000/- 9. Loss of spousal consortium to Claimant No. 1 Rs.40,000/- Rs.40,000/- + 8,000/- as 20% amount Rs.48,000/- 10. Loss of parental consortium to Claimants No. 2 to 4 (Awarded Rs.10,000/- to Claimants No. 2 to 4 each) Rs.30,000/- (Awarded Rs.40,000/- to Claimants No. 2 to 4 each) Rs.1,20,000/- + 24,000/- as 20% amount Rs.1,44,000/- Total Rs.8,00,056/- Rs.15,03,792/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.8,00,056/- awarded by the Claims Tribunal is enhanced to 5 Rs.15,03,792/-. Hence, after deducting the amount of Rs.8,00,056/-, the appellants/claimants are entitled for an additional amount of Rs.7,03,736/-. The concerned respondent 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 @ 9% 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. 8. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge vatti