1 2025:CGHC:47845 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 380 of 2021 1 - Domra @ Kalluram Sahu S/o Late Pardeshi Aged About 48 Years R/o. Village - Chhatauna, Ward No. - 11, Police Station- Chakarbhatha, Tahsil- Takhatpur, District - Bilaspur (Chhattisgarh), District : Bilaspur, Chhattisgarh 2 - Smt. Rajkumari W/o Domra @ Kalluram Sahu Aged About 44 Years R/o. Village - Chhatauna, Ward No. - 11, Police Station- Chakarbhatha, Tahsil- Takhatpur, District - Bilaspur (Chhattisgarh) 3 - Baldev Prasad Sahu S/o Domra @ Kalluram Sahu Aged About 17 Years Minor Through The Father (Natural Guardian) Domra @ Kalluram Sahu, R/o. Village - Chhatauna, Ward No. - 11, Police Station- Chakarbhatha, Tahsil- Takhatpur, District - Bilaspur (Chhattisgarh) 4 - Kumari Kiran Sahu D/o Domra @ Kalluram Sahu Aged About 15 Years Minor Through The Father (Natural Guardian) Domra @ Kalluram Sahu, R/o. Village - Chhatauna, Ward No. - 11, Police Station- Chakarbhatha, Tahsil- Takhatpur, District - Bilaspur (Chhattisgarh) ... Petitioner(s) versus 1 - Gopinath Binjhwar S/o Narendra Binjhwar Aged About 20 Years R/o Village - Bodsara, Police Station - Hirri, District - Bilaspur (Chhattisgarh) (Driver Of The Vehicle Scorpio No. C.G.-10/n.A.-3751), District : Bilaspur, Chhattisgarh 2 - Kamlesh Prasad Mishra S/o Dhaniram Mishra Aged About 43 Years R/o- Near Mahamaya Rolling Meal, Parsada, Tifra, Police Station - Chakarbhatha, Tahsil - Bilha, District - Bilaspur (Chhattisgarh) (Owner Of The Vehicle Scorpio No. C.G.- 10/n.A.-3751) NIRMALA RAO 2 3 - Branch Manager United India Insurance Company Limited, Branch Office - Gurukripa Tower, 2nd Floor, Infront Of Amber Auto Mobile, Vyapar Vihar Road, Bilaspur, Tahsil And District - Bilaspur (Chhattisgarh) (Insurer Of The Vehicle Scorpio No. C.G.-10/n.A.-3751) ... Respondent(s) For Appellants : Shri Anand Kesharwani, Advocate. For Respondent No.3 : Shri B.N. Nande, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17.09.2025 1. The appellants/ claimants have filed this appeal under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 26.2.2021, passed in Claim Case No.716 of 2019 by the learned Second Additional Motor Accident Claims Tribunal, Bilaspur, whereby the learned Tribunal passed an award to the tune of Rs.13,40,080/- and directed the Insurance Company to make payment with interest @ 6% per annum on account of death of Baldau Sahu. 2. Learned counsel for the appellants would submit that late Baldau Sahu was a vegetable vendor, who died on account of road accident on 16.4.2019. He would contend that the deceased was hit by a Scorpio bearing registration No.C.G.10/NA 3751 on that fateful day. Consequently, he died on account of injuries sustained by him. He would submit that at the time of accident, the age of the deceased was 22 years and was earning Rs.30,000/- per month but the learned Tribunal has assessed the income of the deceased Rs.8,400/- only which is at lower side. He would further submit that the learned Tribunal has not awarded compensation for loss of consortium, loss of 3 estate and funeral expenses. He would pray to enhance the compensation. 3. On the other hand, learned counsel for respondent No.3 would submit that the learned Tribunal has assessed monthly income of the deceased according to the notification with regard to minimum wages issued by the Labour Commissioner, Raipur prevailing on the date of accident. He would submit that the learned Tribunal has passed just and proper compensation and the appeal deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents present on record. 5. Perusal of the award would show that the learned Tribunal has assessed the income of the deceased according to the notification issued by the Labour Commissioner which was in force on 16.4.2019. Thus, the contention made by counsel for respondent No.3 appears to be incorrect as the learned Tribunal has properly assessed the monthly income of the deceased. 6. Perusal of the award would show that the learned Tribunal has not awarded compensation to all claimants for loss of consortium and only Rs.40,000/- has been awarded under this head. Learned Tribunal has awarded meagre amount against loss of estate and funeral expenses which require reconsideration. Accordingly, the compensation is being revisited herein-below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 8,400 x 12 = Rs. 1,00,800/- Rs. 8,400 x 12 = Rs. 1,00,800/- 2. Future Prospect 40,320/- 40,320/- 3. Deduction (-) 1/4 Rs. (-) 1/4 Rs. 1,41,120/- = 4 1,41,120/- =Rs. (1,00,800–40,320 = Rs.1,41,120/-) Rs. (1,00,800–40,320 = Rs.1,41,120/-) 4. Deduction (50%) 1,41,120 – 70,560 = 70,560/- 1,41,120 – 70,560 = 70,560/- 4. Multiplier (x) 18 = Rs. 12,70,080/- (x) 18 = Rs. 12,70,080/- 5. Loss of Estate Rs. 15,000/- Rs. 18,000/- 6. Funeral expenses Rs. 15,000/- Rs. 18,000/- 7. Loss of Consortium (for appellant No. 1) Rs. 40,000/- Rs. 48,000/- 8. Loss of consortium(for appellants No. 2 to 4) ---- Rs. 1,44,000/- TOTAL Rs. 13,40,080/- Rs. 14,98,080/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.13,40,080/- awarded by the Claims Tribunal is enhanced to Rs.14,98,080/-. Hence, after deducting the amount of Rs.13,40,080/-, the appellants/claimants are entitled for an additional amount of Rs.1,58,000/-. 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 @ 6% 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. Sd/- (Rakesh Mohan Pandey) Judge Nimmi 5