1 MAC No. 711 of 2022 2025:CGHC:40790 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 711 of 2022 1. Smt Farida Khatun W/o Late Shamsher Ali, Aged About 36 Years; 2. Jannat Khatun, D/o Late Shamsher Ali, Aged About 13 Years; 3. Aashif Ali, S/o Late Shamsher Ali, Aged About 10 Years; 4. Ishan Ali, S/o Late Shamsher Ali, Aged About 9 Years; 5. Noor Mohammad, S/o Late Usman Miya, Aged About 66 Years; Appellants No.2 to 4 are minor represented through their natural guardian mother Appellant No. 1 Smt. Farida Khatun) All are R/o House No. 30/61, Saheed Veernarayan Singh Nagar, Ward No. 28, Sector-11, Police Station Khursipaar, Bhilai, District : Durg, Chhattisgarh. ... Appellants/Claimants versus 1. Ashok Yadav S/o Manoj Yadav, Aged About 27 Years, R/o Ward No. 17, Laxman Nagar, Chawni, I.E. Bhilai, District Durg (Chhattisgarh) 490026. (Driver of the Offending Vehicle Bearing No. C.G. 07-B.B.- 1530).........Non-Applicant No. 1. 2. Papanna Shrinivas Rao, S/o Papanna Tata Babu, R/o House No. 1/H, Street No.- 10, Sector-3, Bhilai, District Durg (Chhattisgarh) 490001. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.19 10:46:37 +0530 2 MAC No. 711 of 2022 (Owner of the Offending Vehicle Bearing No. C.G.-07-B.B.- 1530)...........Non-Applicant No. 2. 3. Iffco Tokio General Insurance Company Limited, through Zonal Manager, Having its Office At Shop No. 205, Second Floor, M.M. Silver Plaza, Near Mining Office, Ring Road No. 1, Raipur, Tehsil and District Raipur (Chhattisgarh). (Insurer of the Offending Vehicle Bearing No. C.G. 07-B.B.- 1530)..........Non-Applicant No. 3. ... Respondents For Appellants :- Mr. Anmol Sharma, Advocate. For Respondent No.3 :- Mr. P. R. Patankar, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 13.08.2025 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 21.10.2021 passed by the 7th Additional Motor Accident Claims Tribunal, Durg, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 484/2019, whereby learned Claims Tribunal has awarded a total sum of ₹14,88,000/- as compensation along with interest for death of Shamsher Ali who was a crane operator, aged about 38 years at the time of incident. The claimants/appellants herein who has 3 MAC No. 711 of 2022 preferred the instant appeal are the wife, son & daughter and father of the deceased. 2. Mr. Anmol Sharma, 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. The Claims Tribunal erred in assessing income of deceased as ₹7,000/- per month which should be ₹8,920/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh for the unskilled labour. It is further contended that the Claims Tribunal has erred in awarding the compensation under the head of ‘loss of estate’, ‘funeral expenses’ and ‘loss of consortium which is required to be enhanced, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Mr. P.R. Patankar, learned counsel for the 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 4 MAC No. 711 of 2022 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 Shamsher Ali to be ₹7,000/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for labour/unskilled labour, the monthly income of the deceased should be ₹8,920/- (as per minimum wages prescribed at relevant time) and ₹1,07,040/- per annum. Moreover, a sum of ₹15,000/- each under the head of estate and funeral expenses and ₹40,000/- have been awarded by the Claims Tribunal under the ‘head of consortium’ to the claimants/appellants are 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. Pranay Sethi 1, Sarla Verma & Ors. Vs. Delhi Transport 1 (2017) 16 SCC 680 5 MAC No. 711 of 2022 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 ₹ 7,000 x 12 = ₹ 84,000/- ₹ 8,920 x 12 = ₹1,07,040/- 2. Future Prospect (+) 40% i.e. ₹ 33,600/-; total yearly income ₹ 84,000 + 33,600 = ₹1,17,600/- (+) 40% i.e. ₹42,816/-; total income = ₹ 1,07,040 + 42,816 = ₹1,49,856/- 3. Deduction (-) ¼ = ₹ 29,400/- ₹ 1,17,600 - 29,400 = ₹ 88,200/- (total income) (-) ¼ = ₹ 37,464/- ₹ 1,49,856 - 37,464 = ₹ 1,12,392/- (total income) 4. Multiplier (x) 15 = ₹ 13,23,000/- (x) 15 = ₹ 16,85,880/- 5. Loss of Estate ₹ 15,000/- ₹ 16,500/- 6. Funeral Expenses ₹ 15,000/- ₹ 16,500 /- 7. Loss of Consortium ₹ 40,000 x 3 = ₹1,20,000/- ₹44,000 x 5 = ₹2,20,000/- 8. 10% of Sr. No. 5 to 7 ₹15,000/- Nil Total ₹ 14,88,000/- ₹ 19,38,880/- 7. In view of the aforesaid analysis, the amount of compensation of ₹14,88,000/- awarded by the Claims 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 MAC No. 711 of 2022 Tribunal is enhanced to ₹19,38,880/-. Hence, after deducting the amount of ₹14,88,000/-, the appellants are held entitled for an additional amount of ₹4,50,880/-. The concerned respondent 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 @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 04.10.2019 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