1 2025:CGHC:38159 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 988 of 2023 1 - Laxmi Yadav, W/o. Late Baijnath Yadav, Aged About 47 Years, R/o. Village - Jhulanpali, Police Station - Pusour, District Raigarh (C.G.) 2 - Jitendra Yadav, S/o. Late Baijnath Yadav, Aged About 27 Years, R/o. Village - Jhulanpali, Police Station - Pusour, District Raigarh (C.G.) 3 - Ku. Rajeshwari Yadav, D/o. Late Baijnath Yadav, Aged About 19 Years, R/o. Village - Jhulanpali, Police Station - Pusour, District - Raigarh (C.G.) ... Appellants Claimants versus 1 - Laxmi Prasad Patel, S/o. Uderam Patel, Aged About 46 Years, Occupation - Vehicle Owner, R/o. Village - Pedigaon, Police Station - Pusour, District - Raigarh (C.G.) 2 - Surendra Yadav, S/o. Kartikram Yadav, R/o. Surajgarh, Police Station - Pusour, District Raigarh (C.G.) ……..(Driver) ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.08.04 11:33:32 +0530 2 3 - The New India Insurance Company Limited, Ward No.12, Kevdabadi Bus Stand, Head Branch Beside S.B.I. Raigarh, District - Raigarh (C.G.) ... Respondents For Appellants : Mr. Sourabh Burman, Advocate on behalf of Mr. Ashish Gupta, Advocate For Respondent No.3. : Mrs. Swati Agrawal, Advocate on behalf of Mr. Pankaj Agrawal, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 01/08/2025 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 12.12.2022 passed by learned Fifth Additional Motor Accident Claims Tribunal, Raigarh in M.A.C.T. Case No.88/2021, whereby the learned Claims Tribunal has awarded an amount of Rs. 7,17,248/- as compensation for the death of Baijnath, who was labour, aged about 52 years at the time of incident. 3 2. Mr. Sourabh Burman, learned counsel for the appellants would submit that the learned Claims Tribunal has held the income of the deceased only Rs. 5,860/- per month which is lower side, which ought to have been taken as Rs.6,500/- per month as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Mrs. Swati Agrawal, learned counsel for the respondent No.3/ insurance company would support the impugned award and submits that the appellants have failed to prove the exact income of deceased by producing clinching and admissible piece of evidence, hence, the learned Claims Tribunal is justified in assessing income of deceased on notional basis. She further submits that the amount of compensation awarded by the learned 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 minutely. 5. Learned Claims Tribunal assessed the monthly income of deceased Baijnath to be 5,860/-, however, in the opinion ₹ 4 of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour, the monthly income of the deceased should be 6,500/- (as per minimum wages ₹ prescribed at relevant time) and 78,000/- per annum. ₹ 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:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages ₹ 5,860 x 12 = 70,320/- ₹ ₹ 6,500 x 12 = 78,000/- ₹ Future prospects 10% of 70,320/-is ₹ ₹ 7,032 and total comes to 77,352/- ₹ 10% of 78,000/- is ₹ ₹7800/-and total comes to 85,800/- ₹ Deduction (-) 1/3 = 51,568/- ₹ per annum (-) 1/3 = 57,200/- ₹ per annum Multiplier (x) 11 = 5,67,248/- ₹ (x) 11 = 6,29,200/- ₹ Funeral Expenses ₹ 15,000/- 15,000/- ₹ Loss of Estate ₹ 15,000/- ₹ 15,000/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 Loss of Consortium ₹ 40,000/- x 3 = 1,20,000/- ₹ 40,0000 x 3 = ₹ 1,20,000/- ₹ Total ₹ 7,17,248/- ₹ 7,79,200/- 7. In view of the aforesaid analysis, the amount of compensation of 7,17,248/- ₹ awarded by the Claims Tribunal is enhanced to ₹ 7,79,200/- . Hence, after deducting the amount of 7,17,248/- ₹ , the appellants are held entitled for an additional amount of 61,952/- ₹ . 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 @ 7.5% 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. The deposit Tribunal shall pass appropriate order with regard to apportionment, investment and disbursement of the enhanced amount of compensation. Sd/- (Sanjay K. Agrawal) Judge Ashok