1 MAC No. 939 of 2022 2025:CGHC:41676 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 939 of 2022 1. Reena Bai Kosare W/o Late Arvind Kosare, Aged About 24 Years; 2. Kamla Bai Kosare W/o Late Salikram Kosare, Aged About 68 Years, Both R/o Village Karela, Tahsil Khairagarh, District Rajnandgaon Chhattisgarh. ... Appellants/Claimants versus 1. Shiva Chouhan S/o Gajanand Chouhan, Aged About 24 Years, Resident of Hibara, Police Station Loni, District Amrawati (Maharastra), (Driver). 2. Balaram Dubey S/o Jagdish Dubey Resident of Pathrop, Tahsil Achalpur, District Amrawati, Akola (Maharastra) (Owner). 3. National Insurance Company Limited, Branch Akola, Division Open Theater, M.G. Road, Akola, District Akola, (Maharastra),.....(Insurance Company) ... Respondents ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.19 17:54:53 +0530 2 MAC No. 939 of 2022 For Appellants :- Ms. Prachi Singh, Advocate. For Respondent No.3 :- Mr. Akash Shrivastava, Advocate, on behalf of Mr. R.N. Pusty, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 14.08.2025 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 09.05.2022 passed by the Additional Motor Accident Claims Tribunal, Khairagarh, District Rajnandgaon, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 71/2021, whereby learned Claims Tribunal has awarded a total sum of 11,18,000/- ₹ as compensation along with interest for death of Arvind Kosare who was a farmer and labour, aged about 37 years at the time of incident. The claimants/appellants herein who has preferred the instant appeal are the wife and mother of the deceased. 3 MAC No. 939 of 2022 2. Ms. Prachi Singh, 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 ₹6,000/- per month which should be ₹9,200/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh for the labour. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Mr. Akash Shrivastava, 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 Claims Tribunal is just and proper which does not call for any interference. 4 MAC No. 939 of 2022 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 Arvind Kosare to be 6,000/-, however, in the ₹ opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for labour/farmer, the monthly income of the deceased should be 9,200/- (as ₹ per minimum wages prescribed at relevant time) and 1,10,400/- 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 Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 5 MAC No. 939 of 2022 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 ₹ 6,000 x 12 = ₹ 72,000/- ₹ 9,200 x 12 = 1,10,400/- ₹ 2. Future Prospect (+) 40% i.e. ₹ 28,800/-; total yearly income ₹ 72,000 + 28,800 = 1,00,800/- ₹ (+) 40% i.e. 44,160/-; ₹ total income = ₹ 1,10,400 + 44,160 = 1,54,560/- ₹ 3. Deduction (-) 1/3 = 33,600/- ₹ ₹ 1,00,800 - 33,600 = ₹ 67,200/- (total income) (-) 1/3 = 51,520/- ₹ ₹ 1,54,560 - 51,520 = ₹ 1,03,040/- (total income) 4. Multiplier (x) 15 = 10,08,000/- ₹ (x) 15 = 15,45,600/- ₹ 5. Loss of Estate ₹ 15,000/- ₹ 15,000/- 6. Funeral Expenses ₹ 15,000/- ₹ 15,000 /- 7. Loss of Consortium ₹ 40,000 x 2 = 80,000/- ₹ ₹40,000 x 2 = 80,000/- ₹ Total ₹ 11,18,000/- ₹ 16,55,600/- 7. In view of the aforesaid analysis, the amount of compensation of ₹11,18,000/- awarded by the Claims 3 (2018) 18 SCC 130 6 MAC No. 939 of 2022 Tribunal is enhanced to ₹16,55,600/-. Hence, after deducting the amount of ₹11,18,000/-, the appellants are held entitled for an additional amount of 5,37,600/- ₹ . 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 @ 7.5% per annum from the date of filing of claim application before the Tribunal i.e. 29.06.2021 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