(MAC No.988/2022) 2025:CGHC:46947 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 988 of 2022 1. Bhagwanta Sahu, S/o Late Ramcharan Sahu, Aged about 30 years, 2. Vishnu Kumar Sahu, S/o Late Ramcharan Sahu, Aged about 24 years, 3. Phulkunwar Sahu, D/o Late Ramcharan Sahu, Aged about 40 years, 4. Tej Kumari Sahu, D/o Late Ramcharan Sahu, Aged about 32 years, 5. Anita Sahu, D/o Late Ramcharan Sahu, Aged about 28 years, 6. Leelawati Sahu, D/o Late Ramcharan Sahu, Aged about 22 years, 7. Jayanti Bai, W/o Late Ramcharan Sahu (Wrongly mention as D/o in cause tittle of impugned order), Aged about 57 years, All R/o Village Banja, O.P. Basdei, Tah. Bhaiyathan, District Surajpur (C.G.) (Claimants) ... Appellants versus 1. Dinesh Kumar Sahu, S/o Shri Haricharan Sahu, Aged about 27 years, Driver, R/o Village Devipur (Sahu Para), P.S. & Tah. Surajpur, District Surajpur (C.G.) (Non-Applicant No.1) (Driver) 2. Sanjay Kumar Sahu, S/o Shri Harivansh Sahu, R/o Village Banjaridand, P.S. & Tahsil Khadgawan, District Koriya (C.G.) (Non-Applicant No.2) (Owner) 3. Branch Manager, IFCO Tokiyo General Insurance Co. Ltd., No.205, 2nd Floor, Silver Plaza, Near Mining Office, Mahavir Nagar, Raipur, District Raipur, Chhattisgarh (Non-Applicant No.3 ) (Insurance Co.) ... Respondents SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.09.16 11:24:01 +0530 (MAC No.988/2022) For Appellants : Ms. K. Radhika, Advocate. For Respondent No.3 : Mr. Shrejal Gupta, Advocate on behalf of Mr. Vaibhav Shukla, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 12/09/2025 1. This appeal under Section 173 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 23-2-2022 passed by the Motor Accident Claims Tribunal, Surajpur in Motor Accident Claim Case No.114/2019, whereby the learned Claims Tribunal has awarded a total sum of ₹ 2,70,000/- as compensation for the death of Ramcharan Sahu, who was a Daily Wages Labour, aged about 70 years at the time of incident. The appellants herein/claimants are children and wife, respectively, of deceased Ramcharan Sahu. 2. Ms. K. Radhika, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the deceased was a Daily Wages Labour and the learned Claims Tribunal ought to have taken his monthly income to be ₹ 7,800/- on the basis of notification issued under the Minimum Wages Act in the year 2021, whereas, it has been taken as ₹ 5,000/-, therefore, the amount of compensation be enhanced suitably. (MAC No.988/2022) 3. Mr. Shrejal Gupta, learned counsel appearing on behalf of respondent No.3/Insurance Company, would support the impugned award and oppose the appeal. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. 5. The learned Claims Tribunal has assessed the monthly income of deceased Ramcharan Sahu to be ₹ 5,000/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the Office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased should be ₹ 7,800/- (as per minimum wages prescribed at relevant time) and ₹ 93,600/- per annum. 6. Thus, considering the evidence available on record and that the deceased was a Daily Wages Labour, 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. 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 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.988/2022) Calculation 1. Income ₹ 5,000 x 12 = ₹ 60,000/- ₹ 7,800 x 12 = ₹ 93,600/- 3. Deduction (-) 1/3 = ₹ 20,000/- ₹ 60,000 – 20,000 = ₹ 40,000/- (total income) (-) 1/3 = ₹ 31,200/- ₹ 93,600 – 31,200 = ₹ 62,400/- (total income) 4. Multiplier (x) 5 = ₹ 2,00,000/- (x) 5 = ₹ 3,12,000/- 5. Loss of Estate ₹ 15,000/- ₹ 15,000/- 6. Funeral Expenses ₹ 15,000/- ₹ 15,000/- 7. Loss of Consortium ₹ 40,000/- ₹ 40,000 x 7 = ₹ 2,80,000/- Total ₹ 2,70,000/- ₹ 6,22,000/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 2,70,000/- awarded by the Claims Tribunal is enhanced to ₹ 6,22,000/-. Hence, after deducting the amount of ₹ 2,70,000/-, the appellants are held entitled for an additional amount of ₹ 3,52,000/-. 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 @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 5-9-2019 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