Page No.1 of 5 IN MAC-219-2022 2025:CGHC:49049 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 219 of 2022 [Arising out of award dt. 15.09.2021, passed in Claim Case No.44/2020 (Kiran Dewangan and others v. Suresh Kumar Ghritlahre and others) by the Motor Accident Claims Tribunal, Balodabazar (CG)] 1 - Kiran Dewangan W/o Late Suraj Dewangan Aged About 26 Years R/o Katgi, P.S. And Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. 2 - Minor Grisa Dewangan D/o Late Suraj Dewangan Aged About 2 Years Through Minor The Legal Guardian Mother Smt. Kiran Dewangan. R/o Katgi, P.S. And Tahsil Kasdol, District Baloda Bazar- Bhatapara, Chhattisgarh. 3 - Keshav Ram Dewangan S/o Mahettar Aged About 67 Years R/o Katgi, P.S. And Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. 4 - Kumari Bai W/o Keshav Ram Dewangan Aged About 65 Years R/o Katgi, P.S. And Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. ... Appellants Versus 1 - Suresh Kumar Ghritlahre S/o Mahesh Kumar Ghritlahre Aged About 30 Years R/o Lawan, P.S. Kasdol, Tahsil Baloda Bazar, District Baloda Bazar-Bhatapara, Chhattisgarh. ( Driver Of The Offending Vehicle No. Cg07bm7705 ) 2 - M/s Dalbir Singh And Suns Partner Indrajit Singh S/o Late Dalbir Singh Aged About 40 Years R/o 48/a.T.P. Nagar, Hathkhoj Bhilai, District Durg, Chattisgarh. (Owner Of The Offending Vehicle No. Cg07bm7705) 3 - The New Indian Insurance Company Limited Mandal Office, Second Floor, Behind L.I.C. Building, Pandri Raipur, District Raipur, Chhattiagarh. Branch Office Ambedkar Chowk, Upper Side Of The SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 5 IN MAC-219-2022 Union Bank Of India Balodabazar, District Baloda Bazar- Bhatapara, Chhattisgarh. (Insured Company Of The Offending Vehicle No. Cg07bm7705) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. JP Yadu, Advocate For Respondents No.1-2 : Mr. Sunil Sahu, Advocate For Respondent No.3 : Mr. Raj Awasthi, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 24.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of amount of compensation, challenging the impugned award dt. 15.09.2021, passed in Claim Case No.44/2020 (Kiran Dewangan and others v. Suresh Kumar Ghritlahre and others) by the Motor Accident Claims Tribunal, Balodabazar (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.18,30,400/- as compensation for the death of Suraj Dewangan. 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.8,000/- per month which should be Rs.9,300/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Further, the learned Claims Tribunal has awarded total Rs.40,000/- on the heads of loss Page No.3 of 5 IN MAC-219-2022 of consortium to the appellant No.01 only, which ought to have been granted Rs.40,000/- X 4 = Rs.1,60,000/- for each of the appellants. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondents 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. Learned Claims Tribunal assessed the monthly income of deceased to be Rs.8,000/-, 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.9300/- PM (as per minimum wages prescribed at relevant time). Further, on the heads of loss of consortium Rs.40,000/- has only been awarded to the appellant No.01, but it ought to have been awarded Rs.40,000/- X 4 = Rs.1,60,000/- for each of the appellants. 6. Thus, in light of the aforesaid discussion and in light of the Page No.4 of 5 IN MAC-219-2022 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.8,000 x 12 = Rs.96,000/- Rs.9300 x 12 = Rs.1,11,600/- 2. Future Prospect (+) 40% (i.e. Rs.38400/-) = Rs.1,34,400/- (+) 40% (i.e. Rs.44,640/-) = Rs.1,56,240/- 3. Deduction (-) 1/4 (i.e. Rs.33,600/-) [wrongly calculated by the Claims tribunal as Rs.36,600/-] = Rs.1,00,800/- [wrongly calculated by the Claims tribunal as Rs.97,800/-] (-) 1/4 (i.e. Rs.39,060/-) = Rs.1,17,180/- 4. Multiplier (x) 18 = Rs.18,14,400/- [wrongly calculated by the Claims tribunal as Rs.17,60,400/-] (x) 18 = Rs. Rs.21,09,240/- 5. Loss of Estate Rs. 15,000/- Rs.15,000/- 6. Funeral Expenses Rs. 15,000/- Rs.15,000/- 7. Loss of Consortium Rs.40,000/- Rs.40,000 x 4 = Rs.1,60,000/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.5 of 5 IN MAC-219-2022 Total Rs.18,84,400/- [wrongly calculated by the Claims tribunal as Rs.18,30,400/-] Rs.22,99,240/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.18,84,400/- [wrongly awarded due to calculation mistake by the Claims tribunal as Rs.18,30,400/-] is enhanced to Rs.22,99,240/-. Hence, after deducting the amount of Rs.18,30,400/-, the appellants are held entitled for an additional amount of Rs.4,68,840/-. The concerned respondents are directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days 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 claim application before the Tribunal i.e. 24.11.2020 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 s@if