1 2025:CGHC:40580 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1187 of 2022 1 - Kali Bai, W/o. Late Vijay Kumar Dhanvar, Aged About 34 Years, R/o. Ratanpur Sandhipara, Thana Ratanpur, Tahsil - Kota, District - Bilaspur (C.G.) 2 - Kumari Aakansha, D/o. Late Vijay Kumar Dhanver, Aged About 7 Years, Minor Through Legal Guardian Mother Kali Bai, W/o. Late Vijay Kumar Dhanvar. R/o. Ratanpur Sandhipara, Thana Ratanpur, Tahsil - Kota, District - Bilaspur (C.G.) 3 - Vikash Dhanvar, S/o. Late Vijay Kumar Dhanvar, Aged About 5 Years, Minor Through Legal Guardian Mother Kali Bai, W/o. Late Vijay Kumar Dhanvar. R/o. Ratanpur Sandhipara, Thana Ratanpur, Tahsil - Kota, District - Bilaspur (C.G.) 4 - Chhertu Dhanvar, S/o. Late Baiga Dhanvar, Aged About 65 Years, R/o. Ratanpur Sandhipara, Thana Ratanpur, Tahsil - Kota, District - Bilaspur (C.G.) ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.08.13 16:51:39 +0530 2 5- Budhvari Bai, W/o. Chhertu Dhanvar, Aged About 62 Years, R/o. Ratanpur Sandhipara, Thana Ratanpur, Tahsil - Kota, District - Bilaspur (C.G.) ... Appellants versus 1 - Mukesh Rajak, S/o. Nihora Rajak, Aged About 34 Years, R/o. Village - Lipra, Podi - Uproda, Thana - Bango, District - Korba (C.G.) (Driver Of The Offending Vehicle Trailer No.C.G.04/H.S./3550) 2 - Devendra Singh Kambu, S/o. Gurmit Singh Kambu, Aged About 42 Years, R/o. M.I.G. 1-23 Phase- II, Near - Vidhya Public School Sondongari, Raipur - Tahsil & District - Raipur (C.G.), (Owner Of The Offending Vehicle Trailer No. C.G.04/H.S./3550) 3 - Branch Manager Legal Cell, The United India Insurance Company Limited, Branch Office, L.I.C. Belding, First Floor, Magarpara Road Bilaspur, Thana - Civil Line, Tahsil & District - Bilaspur (C.G.) (Insurer Of The Offending Vehicle Trailer No. C.G. 04/ H.S./ 3550) ... Respondents For Appellants : Mr. Arjun Lal Singroul, Advocate For Respondent No.3. : Mr. Abhishek Vinod Deshmukh, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 3 12.08.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 08.07.2022 passed by learned Sixth Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.1200/2021, whereby an amount of Rs. 16,45,400/- has been awarded as compensation for the death of Vijay Kumar Dhanvar, who was working as Mason, aged about 35 years, at the time of incident. 2. Appellants, who are wife, son, daughter, mother & father of the deceased Vijay Kumar Dhanvar, 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. 45,00,000/- pleading therein that on the date of accident, deceased Vijay Kumar Dhanvar was aged about 35 years and was a sole bread earner of the family and on account of his 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, 4 held that deceased Vijay Kumar Dhanvar 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 learned Claims Tribunal awarded Rs. 16,45,400/- as total compensation with interest @ 7% per annum from the date of filing of claim application. 4. Mr. Arjun Lal Singroul, 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.7,600/- per month which should be Rs. 9,200/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal may be suitably enhanced. 5. Mr. Abhishek Vinod Deshmukh, 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 5 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. 7. Learned Claims Tribunal assessed the monthly income of deceased Vijay Kumar Dhanvar to be Rs.7,600/- 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.9,200/- per month, which comes to Rs. 1,10,400/- 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 Sethi1, 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:- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 7,600 x 12 = Rs. 91,200/- Rs. 9,200 x 12 = Rs. 1,10,400/- Future prospects @ 40% Rs. 36,480 + 91,200 = Rs.1,27,680/- Rs.44,160 + 1,10,400 = Rs. 1,54,560/- Deduction of 1/4 Rs.1,27,680 – 31,920 = Rs.95,760/- Rs. 1,54,560 – 38,640 = Rs.1,15,920/- Multiplier of 15 Rs. 14,36,400/- Rs. 17,38,800/- Loss of spousal consortium to wife Rs. 44,000/- Rs. 44,000/- Loss of filial consortium Rs. 44,000 x 2 = 88,000/- Rs. 44,000 x 2 = 88,000/- Parental consortium Rs. 44,000/- Rs. 44,000 x 2 = 88,000/- Funeral Expenses Rs. 16,500/- Rs. 16,500/- Loss of Estate Rs. 16,500/- Rs. 16,500/- Total Rs. 16,45,400/- Rs. 19,91,800/- 9. In view of the aforesaid analysis, the amount of compensation of Rs. 16,45,400/- awarded by the Claims Tribunal is enhanced to Rs. 19,91,800/-. Hence, after deducting the amount of Rs.16,45,400/-, the appellants 7 are entitled for an additional amount of Rs. 3,46,400/-. 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 @ 7% 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