(MAC No.938/2022) 2025:CGHC:40583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 938 of 2022 1. Smt. Dashmi Yadav, Wd/o Late Kapil Yadav, Aged about 33 years, 2. Miss Hemlata Yadav, D/o Late Kapil Yadav, Aged about 13 years, 3. Master Rohit Yadav, S/o Late Kapil Yadav, Aged about 12 years, 4. Khirsagar Yadav, S/o Late Kapil Yadav, Aged about 4 years, 5. Sonaru @ Somaru Yadav, S/o Late Sukhram, Aged about 55 years, Appellants No.2 to 4 are minor through appellant No.1 Smt. Dashmi Yadav (Mother) All are R/o Dokarighatpara, Village Pathari, Post Sudhapal, Police Out Post Ghotiya, District Bastar (C.G.) (Claimants) ... Appellants versus 1. Kiran Kumar, S/o Bhakturam, Aged about 27 years, R/o Bagbaharpara, Bastar, P.S. Bastar, District Bastar (C.G.) (Driver) 2. Jugeshwar Prasad Bhoyar, S/o Anjori Ram Bhoyar, Aged about 30 years, R/o Village Badepara Dubey Umargaon, P.S. Bastar, District Bastar (C.G.) (Owner) 3. The New India Assurance Co. Ltd., Through Branch Manager, Branch Office: Near M.M. Tower, Akashwani Road, Jagdalpur, District Bastar (C.G.) (Insurer) (Non-claimants) ... Respondents For Appellants : Mr. Vikas Patel, Advocate on behalf of Mr. Pravin Kumar Tulsyan, Advocate. For Respondent No.3 : Mr. Dashrath Gupta, Advocate. SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.08.15 10:24:56 +0530 (MAC No.938/2022) Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 12/08/2025 1. This appeal under Section 173(2) of the Motor Vehicles Act, 1988 (for short, ‘the Act of 1988’) has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 28-4-2022 passed by the 1st Additional Motor Accident Claims Tribunal, Jagdalpur, District Bastar in Claim Case No.142/2021, whereby the learned Claims Tribunal has awarded a total sum of ₹ 20,67,400/- as compensation for the death of Kapil Yadav, who was an unskilled labour (mason), aged about 35 years at the time of incident. 2. Mr. Vikas Patel, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the deceased was Rajmistri (mason) and the learned Claims Tribunal ought to have taken his monthly income to be ₹ 10,390/- on the basis of notification issued under the Minimum Wages Act in the year 2021, therefore, the amount of compensation be enhanced suitably. 3. Mr. Dashrath Gupta, learned counsel appearing for respondent No.3/Insurance Company, would support the impugned order. Page 3 of 4 (MAC No.938/2022) 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection. 5. The learned Claims Tribunal has assessed the monthly income of deceased Kapil Yadav to be ₹ 9,000/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the Office of Labour Commissioner, Chhattisgarh for mason, the monthly income of the deceased should be ₹ 10,390/- (as per minimum wages prescribed at relevant time) and ₹ 1,24,680/- 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. v. 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:- S. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation 1. Income ₹ 9,000 x 12 = ₹ 1,08,000/- ₹ 10,390 x 12 = ₹ 1,24,680/- 2. Future Prospect (+) 40% i.e. ₹ 43,200; total income = ₹ 1,08,000 + 43,200 = ₹ 1,51,200/- (+) 40% i.e. ₹ 49,872; total income = ₹ 1,24,680 + 49,872 = ₹ 1,74,552/- 3. Deduction (-) ¼ = ₹ 37,800/- (-) ¼ = ₹ 43,638/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.938/2022) ₹ 1,51,200 – 37,800 = ₹ 1,13,400/- (total income) ₹ 1,74,552 – 43,638 = ₹ 1,30,914/- (total income) 4. Multiplier (x) 16 = ₹ 18,14,400/- (x) 16 = ₹ 20,94,624/- 5. Loss of Estate ₹ 16,500/- ₹ 18,000/- 6. Funeral Expenses ₹ 16,500/- ₹ 18,000/- 7. Loss of Consortium ₹. 44,000 x 5 = ₹ 2,20,000/- ₹ 44,000 x 5 = ₹ 2,20,000/- Total ₹ 20,67,400/- ₹ 23,50,624/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 20,67,400/- awarded by the Claims Tribunal is enhanced to ₹ 23,50,624/-. Hence, after deducting the amount of ₹ 20,67,400/-, the appellants are held entitled for an additional amount of ₹ 2,83,224/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of a 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. 22.03.2021 till its realisation. 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 Soma