1 MAC No. 721 of 2022 2025:CGHC:39614 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 721 of 2022 1. Santoshi Bai W/o Rameshwar Das, Aged About 42 Years; 2. Rameshwar Das S/o Itwardas, Aged About 45 Years; Both are R/o Village Hardadih Village Panchayat Hindadih, Post Gudi, Thana Seepat, Tahsil and District Bilaspur, Chhattisgarh. ... Appellants versus 1. Sant Kumar S/o Mayaram Aged About 27 Years, R/o Village Birda, Tahsil Katghora, District Korba (Chhattisgarh)........(Driver of offending Vehicle Trailer No. C.G.-12/A.T./7904). 2. Sanjiv Thakur S/o Ganesh Singh Thakur, R/o House No. 392, Mahatma Gandhi Ward No. 16, Deepka, Thana Deepka, District Korba, Chhattisgarh. (Registered Owner of offending Vehicle Trailer No. C.G.- 12/A.T./7904). 3. The Oriental Insurance Company Limited Through Branch Manager, Branch Office (Prami Wrongly Mentioned) 2nd floor Rama Trade Center, In Front Of Rajeev Plaza, Old Bus Stand Bilaspur Tahsil And District Bilaspur (Chhattisgarh). Director General Of Police Chhattisgarh Raipur, Tahsil and District Raipur ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.13 16:56:17 +0530 2 MAC No. 721 of 2022 (Chhattisgarh). (Insurer of offending Vehicle Trailer No. C.G.-12/A.T./7904). ... Respondents For Appellants :- Mr. A.L. Singroul, Advocate. For Respondent No.2 :- Mr. Anurag Bajpai, Advocate. For Respondent No.3 :- Ms. M. Asha, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 07.08.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants seeking enhancement in the amount of compensation, challenging the impugned award dated 28.10.2021 passed by the Motor Accident Claims Tribunal, Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No.222/2021, whereby learned Claims Tribunal has awarded a total sum of 12,79,600/- ₹ as compensation along with interest for death of Sunil Das, who was a mason, aged about 23 years at the time of incident. Against the said order of the Claims Tribunal the instant appeal has been preferred by the claimants/appellants herein who are the mother and father of the deceased. 3 MAC No. 721 of 2022 2. Mr. A.L. Singroul, 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 8,000/- per month which should be ₹ ₹9,120/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh for the mason. It is further contended that the Claims Tribunal has erred in awarding the compensation under the head of ‘loss of consortium’, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Mr. Anurag Bajpai and Ms. M. Asha, learned counsels for the respondents No.2 & 3, respectively, 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 4 MAC No. 721 of 2022 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 gone through the records minutely. 5. Learned Claims Tribunal assessed the monthly income of deceased Sunil Das to be ₹8,000/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for mason work, the monthly income of the deceased should be ₹9,120/- (as per minimum wages prescribed at relevant time) and ₹1,09,440/- per annum. Moreover, a sum of ₹40,000/- has been awarded by the Claims Tribunal under the ‘head of consortium’ to the claimants/appellants which is liable to be enhanced. 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. 5 MAC No. 721 of 2022 Pranay Sethi1, 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 ₹ 8000 x 12 = ₹ 96,000/- ₹ 9120 x 12 = 1,09,440/- ₹ 2. Future Prospect (+) 40% i.e. ₹ 38,400/-; total yearly income ₹96,000 + 38,400 = 1,34,400/- ₹ (+) 40% i.e. 43,776/-; total ₹ income = 1,09,440 + ₹ 43,776 = 1,53,216/- ₹ 3. Deduction (-) ½ = 67,200/- ₹ ₹ 1,34,400 - 67,200 = ₹ 67,200/- (total income) (-) ½ = 76,608/- ₹ ₹ 1,53,216- 76,608 = ₹ 76,608/- (total income) 4. Multiplier (x) 18 = ₹ 12,09,600/- (x) 18 = 13,78,944/- ₹ 5. Loss of Estate ₹ 15,000/- , 15,000/- ₹ 6. Funeral Expenses ₹ 15,000/- ₹ 15,000/- 7. Loss of Consortium ₹ 40,000/- ₹40,000 x 2 = ₹ 80,000/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 MAC No. 721 of 2022 Total ₹ 12,79,600/- ₹ 14,88,944/- 7. In view of the aforesaid analysis, the amount of compensation of ₹12,79,600/- awarded by the Claims Tribunal is enhanced to ₹14,88,944/-. Hence, after deducting the amount of ₹12,79,600/-, the appellants are held entitled for an additional amount of 2,09,344/- ₹ . The concerned respondents is directed to deposit the amount of compensation as enhanced by this Court within a period of three months 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 filing of claim application before the Tribunal i.e. 22.05.2020 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 Ankit