1 2025:CGHC:48366 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 819 of 2023 1 - Shyambai Satnami W/o Late Shri Ajayram Satnami Aged About 54 Years R/o Village Chhitapadariya, P.S. And Tahsil Baradwar, District Janjgir Champa (Chhattisgarh) ...... ....... Claimants 2 - Manoj Kumar Satnami S/o Late Shri Ajayram Satnami Aged About 31 Years R/o Village Chhitapadariya, P.S. And Tahsil Baradwar, District Janjgir Champa (Chhattisgarh) 3 - Noni Bai W/o Late Anand Ram Aged About 90 Years R/o Village Chhitapadariya, P.S. Baradwar, Tahsil Jaijaipur, District Janjgir Champa (Chhattisgarh) Now Present District Sakti (Chhattisgarh) ............ Claimants ... Appellant(s) versus 1 - Mahendra Singh Sidar S/o Saukhlal Sidar Aged About 31 Years R/o Barra, Post - Jhalraunda, P.S. Jaijaipur, District Janjgir Champa (Chhattisgarh) --- Driver Of Vehicle -- (N.A. No. 1) 2 - Guru Shri Crusher Pvt Ltd Aamagulai Baradwar P.S. And Tahsil Baradwar, District Janjgir Champa (Chhattisgarh) --- Vehicle Owner --- ..... N.A. No. 2 3 - The New India Assurance Company Limited Micro Branch, Station Road, Parmeshwari Dharamshala, Sakti, District Janjgir Champa (Chhattisgarh -- Insurer Of Vehicle --- ...... N.A. No. 3 HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.09.22 11:32:39 +0530 2 4 - Shukawara Satnami D/o Late Shri Ajayram Satnami Aged About 37 Years R/o Village Chhitapadariya, P.S. And Tahsil Baradwar, District Janjgir Champa (Chhattisgarh) Now Present District Sakti (Chhattisgarh) ...... ... Claimants No. 2 5 - Budhwara Satnami D/o Late Shri Ajayram Satnami Aged About 35 Years R/o Village Chhitapadariya, P.S. And Tahsil Baradwar, District Janjgir Champa (Chhattisgarh) Now Present District Sakti (Chhattisgarh) ..... ...... Claimant No. 3 6 - Pushpa Satnami D/o Late Shri Ajayram Satnami Aged About 33 Years R/o Village Chhitapadariya, P.S. And Tahsil Baradwar, District Janjgir Champa (Chhattisgarh) Now Present District Sakti (Chhattisgarh) .... ...... Claimant No. 4 7 - Rakhi Satnami D/o Late Shri Ajayram Satnami Aged About 29 Years R/o Village Chhitapadariya, P.S. And Tahsil Baradwar, District Janjgir Champa (Chhattisgarh) Now Present District Sakti (Chhattisgarh) .... ..... Claimants No. 6 ... Respondent(s) For Appellants : Mr. A.L. Singroul, Advocate For Respondent No. 3 : Mr. Mohd. Azad Siddiqui, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 19.09.2025 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 of amount of compensation, challenging the impugned award dated 3 22/02/2023 passed by learned 2nd Additional Motor Accident Claims Tribunal, Sakti, District Janjgir-Champa (C.G.) in Claim Case No. 08/2022, whereby learned Claims Tribunal has awarded a total sum of Rs. 7,47,600/- as compensation to the claimants for the death of Ajay Ram, aged about 55 years, who worked as an unskilled labourer. 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. 7,000/- per month which should be Rs. 9,280/- per month as per the minimum wages notification and further Rs. 2,40,000/- ought to have been granted under loss of parental and filial consortium, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for 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, 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 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. A careful perusal of the record would show that the Claims Tribunal has assessed the monthly income of deceased to be Rs. 7,000/-, however, in the opinion of this Court, the monthly income of the deceased should be Rs. 9,280/- (as per minimum wages prescribed at relevant time) and Rs. 1,11,360/- per annum as he worked as an unskilled labourer. Moreover, Rs. 40,000/- ought to have been granted by the Claims Tribunal under loss of parental consortium and further Rs. 2,00,000/- ought to have been granted under loss of filial consortium. 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:- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 7,000/- x 12 = Rs. 84,000/- Rs. 9,280/- x 12 = Rs. 1,11,360/- 2. Future Prospect (+) 10% i.e. Rs. 8,400/- = Rs. 92,400/- (+) 10% i.e. Rs. 11,136/- = Rs. 1,22,496/- 3. Deduction (-) 1/3rd i.e. Rs. 30,800/- = Rs. 61,600/- (+) 1/3rd i.e. Rs. 40,832/- = Rs. 81,664/- 4. Multiplier (x) 11 = Rs. 6,77,600/- (x) 11 = Rs. 8,98,304/- 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. 2,80,000/- Total Rs. 7,47,600/- Rs. 12,08,304/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 7,47,600/- awarded by the Claims Tribunal is enhanced to Rs. 12,08,304/-. However, Rs. 5,00,000/- has already been paid to the claimants by the respondent No. 2/Owner, therefore, Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court i.e. Rs. 4,60,704/- as well as the remaining amount i.e. Rs. 2,47,600/- within a period of 3 months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 8% per annum from the date of filing of claim application before the Tribunal i.e. 07/12/2021 till its realization. Rest 6 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 Harneet