1 2025:CGHC:47982 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 433 of 2021 1 - Smt. Gendi Bai W/o Late Shri Manglu @ Manglu Ram Vishwakarma Aged About 52 Years R/o Sanjay Nagar Korba, Ps- City Kotwali, Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh 2 - Ku. Rupa D/o Late Shri Manglu @Manglu Ram Vishwakarma Aged About 26 Years R/o Sanjay Nagar, Korba, P.S. City Kotwali, Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh 3 - Ku. Pinky @ Jyoti D/o Late Manglu @ Manglu Ram Vishwakarma Aged About 20 Years R/o Sanjay Nagar, Korba, P.S. City Kotwali, Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh 4 - Minor Ku. Jyoti D/o Late Manglu @ Manglu Ram Vishwakarma Aged About 16 Years Through Appellant No. 1, Her Mother, R/o Sanjay Nagar, Korba, P.S. City Kotwali, Korba, District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ... Appellants versus Digitally signed by NADIM MOHLE 2 1 - Gopichand Tiwari S/o Manohar Tiwari Aged About 49 Years Driver Of The Vehicle Bearing No. Cg- 12/y- 1418, R/o Atal Awas 276, 15 Block, Police Chowki, C.S.E.B, Korba- District- Korba, Chhattisgarh., District : Korba, Chhattisgarh 2 - Md. Islam Ansari S/o Maksud Ansari Aged About 39 Years Owner Of The Vehicle Bearing Registration No. Cg- 12 Y- 1418, R/o Near Suresh Kabadi House And In Front Of Sardar Karamjeet Singh Bhullar House, Ramsagar Para, Darri Road, Korba, Police Station- Korba, District- Korba, Chhattisgarh. 3 - The Bajaj Allianz General Insurance Company Limited Through Branch Manager, Branch Office Behind Nataraj Hotel, T.P. Nagar, Korba, District- Korba, Chhattisgarh ... Respondent(s) For Appellants : Mr. Shubham Dev Mallick, Advocate For Respondent(s) Respondent No. 2 : : Mr. Sangeet Kumar Kushwaha, Advocate along with Ms. Priya Kaiwartya, Advocate None Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 18/09/2025 1. The appellants have preferred this appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of compensation against the award dated 15.02.2021 passed by the learned Additional Motor Accident Claims Tribunal, FTC, Korba, District Korba, in Claim Case No. 74/2014. By the impugned award, the learned Tribunal has 3 granted compensation to the tune of 7,39,120/- with interest @ 6% ₹ per annum on account of the death of Manglu Ram Vishwakarma in a motor accident, fastening liability on the driver and owner of the offending vehicle. 2. The facts in brief are that on 25.02.2014, the deceased Manglu Ram Vishwakarma met with an accident involving auto-rickshaw bearing registration number CG-12 Y-1418. He sustained grievous injuries and succumbed during the course of treatment. At the time of the accident, the deceased was aged about 50 years and was engaged as a welder. The Tribunal assessed his monthly income at 4,000/- and computed ₹ the compensation accordingly. The Tribunal deducted 1/5th of the assessed income towards personal and living expenses, considering that the dependents/claimants were four in number. 3. Mr. Shubham Dev Mallick, learned counsel for the appellants would submit that the Tribunal ought to have considered the minimum wage notification issued by the State Government prevailing at the relevant time to assess notional income of the deceased. According to the notification, the monthly wage payable to semi-skilled labour was ₹5,345/- in the month of February, 2014. It is further contended that the Tribunal wrongly deducted 1/5th for personal expenses instead of 1/4th as number of dependents were four. It is also urged that the Tribunal has failed to award the enhanced conventional heads in line with the law laid down in National Insurance Company Ltd. v. Pranay 4 Sethi (2017) 16 SCC 680, particularly when the matter remained pending for more than three years. Accordingly, he prays for enhancement of compensation. 4. On the other hand, Mr. Kushwaha, learned counsel for the respondents would oppose the submissions put forth by the counsel for the appellant and contend that the liability has rightly been fastened upon the driver and owner, as the auto-rickshaw was being driven in breach of the terms of the policy; the driver not possessing a valid and effective driving licence on the date of the accident. 5. I have heard learned counsel for the parties and perused the records. 6. A perusal of the impugned award reveals that the Tribunal has assessed monthly income of the deceased 4,000/- per month, whereas as per ₹ the minimum wage notification issued by the Assistant Labour Commissioner, Raipur, the minimum wages for a semi-skilled worker at the relevant period was 5,345/-, thus, the notional income assessed by ₹ the Tribunal is on the lower side. Further, the Tribunal has erred in deducting 1/5th for personal expenses, while the number of dependents being four, the proper deduction should have been 1/4th. The Tribunal has also failed to enhance the compensation under the conventional heads in terms of National Insurance Company Ltd. v. Pranay Sethi (2017) 16 SCC 680, particularly when the matter remained pending for more than three years. 5 7. Considering the above discussed facts, it would be appropriate to revisit the compensation as below:- Sr. No. Heads Tribunal Award New Calculation (by this Court) 1. Annual Income (monthly × 12) ₹4,000 × 12 = 48,000 ₹ Semi-skilled labour ₹5,345 × 12 = 64,140 ₹ 2. Future Prospects 10% of 48,000 ₹ = 4,800 ₹ 25% of ₹64,140 = 16,035 ₹ 3. Total with Future Prospects 48,000 + ₹ 4,800 = ₹ 52,800 ₹ ₹64,140 + 16,035 = ₹ 80,175 ₹ 4. Deduction for Personal Expenses 1/5th of 52,800 ₹ = 10,560 ₹ 1/4th of ₹80,175 = 20,044 ₹ 5. Net Annual Contribution 52,800 − ₹ 10,560 = ₹ 42,240 ₹ ₹80,175 − 20,044 = ₹ 60,131 ₹ 6. Multiplier 13 13 7. Loss of Dependency ₹42,240 × 13 = 5,49,120 ₹ ₹60,131 × 13 = 7,81,703 ₹ 8. Funeral Expenses 15,000 ₹ ₹15,000 + 10% = 16,500 ₹ 9. Loss of Estate 15,000 ₹ ₹15,000 + 10% = 16,500 ₹ 10. Loss of Consortium / Companionship (for 4 claimants) 1,60,000 ₹ ₹40,000 + 10% = ₹44,000 × 4 = 1,76,000 ₹ Total ₹7,39,120 9,90,703 ₹ 9. The respondent(s) are directed to deposit the enhanced amount of ₹2,51,583 (being the additional compensation) along with interest at 6 6% per annum from the date of filing of the claim application before the Tribunal till the date of actual realization, within three months from the date of receipt of the certified copy of this order. All other terms and conditions of the impugned award shall remain intact. Sd/- Rakesh Mohan Pandey JUDGE Nadim