1 2025:CGHC:45704 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 113 of 2023 1 - Satish Kumar Tonde, S/o. Late Suresh Kumar Tonde, Aged About 20 Years, R/o. Village Amlipara Dhuma, Police Station & Tahsil Takhatpur, District Bilaspur (C.G.)..........(Claimant) 2 - Ashish Kumar Tonde, S/o. Late Suresh Kumar Tonde, Aged About 17 Years, Minor Through Guardian Satish Kumar Tonde, R/o. Village Amlipara Dhuma, Police Station & Tahsil Takhatpur, District Bilaspur (C.G.)..........(Claimant) 3 - Nitish Kumar, S/o. Late Suresh Kumar Tonde, Aged About 14 Years, Minor Through Guardian Satish Kumar Tonde, R/o. Village Amlipara Dhuma, Police Station & Tahsil Takhatpur, District Bilaspur (C.G.)..........(Claimant) 4 - Khushi Kumar, S/o. Late Suresh Kumar Tonde, Aged About 4 Years, Minor Through Guardian Satish Kumar Tonde, R/o. Village Amlipara Dhuma, Police Station & Tahsil Takhatpur, District Bilaspur (C.G.)..........(Claimant) ... Appellants ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.09.09 14:07:14 +0530 2 versus 1 - Manoj Pali, S/o. Late Shyamlal Pali, Aged About 44 Years, Occupation Driver, R/o. Village Daukapa, Police Station & Tahsil Jarahagaon, District Mungeli (C.G.)......(Driver Of Motor Cycle Bearing No. C.G.10 A.S. 4012) 2 - Nandkumar Binjhwar, S/o. Kuwar Singh Binjhwar, Aged About 31 Years, R/o. Village Vindhyasar, Police Station Sakri, Tahsil Takhatpur, District Bilaspur (C.G.) (Owner Of Motor Cycle Bearing No. C.G.10 A.S. 4012) 3 - TATA AIG Insurance Company Ltd. Through Branch Manager, Branch Office Fourth Floor Gwalani Chamber, Office No. T-8 Vyapar Vihar Road, Near ICICI Bank, Police Station Tarbahar, Tahsil & District Bilaspur (C.G.).........(Insurance Company Of Motor Cycle Bearing No. C.G.10 A.S. 4012) ... Respondents For Appellants : Mr. Vipin Singh, Advocate For Respondent No.3 : Mr. Saurabh Gupta, Advocate on behalf of Mr. Sourabh Sharma, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 08.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the 3 appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 21.09.2022 passed by learned 3rd Additional Motor Accident Claims Tribunal, Bilaspur in MACT No.49/2021, whereby the claim application of the claimants/appellants has been allowed and an amount of Rs. 18,25,480/- has been awarded to the claimants as compensation for the death of Savita Bai, aged about 35 years, at the time of incident. 2. Appellants, who are husband and sons of the deceased Savita Bai, filed an application under Section 166 of the Act of 1988 before the Motor Accident Claims Tribunal (for brevity “Claims Tribunal”) seeking compensation to the tune of Rs. 22,66,000/- pleading therein that on the date of accident, deceased Savita Bai was aged about 35 years and on account of her untimely death in the accident, the appellants have suffered economical and psychological difficulties. 3. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that deceased Savita Bai died in the accident arising out of rash & negligent driving of the offending vehicle driven by the respondent No.1, owned by the respondent No.2 and insured by the respondent No.3. Breach of conditions of insurance policy was not found to be proved and after calculating the amount of compensation, the 4 learned Claims Tribunal awarded Rs. 18,25,480/- as total compensation with interest @ 9% per annum from the date of filing of claim application. 4. Mr. Vipin Singh, learned counsel for the appellants, would submit that learned Claims Tribunal has awarded very meager amount, as the Claims Tribunal erred in assessing income of deceased as Rs.7,800/- per month which should be Rs. 8,600/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh for unskilled labour. Therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal may be suitably enhanced. 5. Mr. Saurabh Gupta, learned counsel for the insurance company/ respondent No.3 would submit that the appellants have failed to prove the exact income of deceased by producing clinching and admissible piece of evidence, hence, the learned Claims Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the learned Claims Tribunal is just and proper, which does not call for any interference. 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5 7. Learned Claims Tribunal assessed the monthly income of deceased Savita Bai to be Rs.7,800/- per month, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour, the monthly income of the deceased should be Rs.8,600/- per month, which comes to Rs. 1,03,200/- per annum. 8. 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 Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 7,800 x 12 = Rs. 93,600/- Rs. 8,600 x 12 = Rs. 1,03,200/- Future prospects @ 40% Rs.37,440 + 93,600 = Rs.1,31,040/- Rs. 41,280 + 1,03,200 = Rs. 1,44,480/- Deduction of ¼ towards personal expenses Rs.1,31,040 – 32,760 = Rs.98,280/- Rs. 1,44,480 – 36,120 = Rs.1,08,360/- Multiplier of 16 Rs. 15,72,480/- Rs. 17,33,760/- Loss of spousal consortium to claimant No.1 Rs. 44,000/- Rs. 44,000/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 Loss of parental consortium to claimants No.2 to 5 Rs. 44,000 x 4 = Rs. 1,76,000/- Rs. 40,000 x 4 = Rs. 1,76,000/- Loss of Estate Rs. 16,500/- Rs. 16,500/- Funeral Expenses Rs. 16,500/- Rs. 16,500/- Total Rs. 18,25,480/- Rs. 19,86,760/- 9. In view of the aforesaid analysis, the amount of compensation of Rs. 18,25,480/- awarded by the Claims Tribunal is enhanced to Rs. 19,86,760/-. Hence, after deducting the amount of Rs. 18,25,480/-, the appellants are entitled for an additional amount of Rs. 1,61,280/-. 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 @ 9% 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. 10. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok