1 2025:CGHC:47836 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1098 of 2022 1 - Nikhad Parveen, W/o. Shri Asarat Khan, Widow Sadik Raja, Aged About 28 Years, R/o. Ward No.10, Bhatgaon, Post Bhatgaon (Votgan) District Baloda Bazar Bhatapara, Chhattisgarh. At Present Through Muhammad Rafik Rizvi, Halwai Line Sadar Bazar, Police Station City Kotwali, Raipur, District Raipur, Chhattisgarh. 2 - Mohd. Rafik Rizvi, S/o. Late Shri Mohd. Musa, Aged About 62 Years, R/o. Halwai Line, Sadar Bazar, Police Station City Kotwali, Raipur, Chhattisgarh. 3 - Anwari Begam, W/o. Mohd. Rafik, Aged About 60 Years, R/o. Halwai Line, Sadar Bazar, Police Station City Kotwali, Raipur, Chhattisgarh. 4 - Mohd. Hamid Raja, S/o. Shri Mohd. Rafik Rizvi, Aged About 21 Years, R/o. Halwai Line, Sadar Bazar, Police Station City Kotwali, Raipur, Chhattisgarh. 5 - Mohd. Noman Raja, S/o. Shri Mohd. Rafik Rizvi, Aged About 19 Years, R/o. Halwai Line, Sadar Bazar, Police Station City Kotwali, Raipur, Chhattisgarh. ... Appellants versus 1 - Kundan Yadav, S/o. Vishwar Yadav, Through Ashok Kumar Yadav, S/o. Badri Yadav, Resident Of Ward No.31, Netaji Market ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.09.18 14:38:17 +0530 2 Shop No. 11/k4, Sector-11 Kursipar, Bhilai District : Durg, Chhattisgarh (Driver Of The Offending Vehicle Truck Bearing Registration No. C.G.-07 BL 3329) 2 - Ashok Kumar Yadav, S/o. Shri Badri Yadav, Resident Of Ward No.31, Netaji Market Shop No. 11/k4, Zone-02, Sector-11, Kursipar, Bhilai, District : Durg, Chhattisgarh (Owner Of The Offending Vehicle Truck Bearing Registration No. C.G.-07 BL 3329) 3 - The New India Insurance Company Limited, Through Divisional Manager, The New India Insurance Company Ltd. Near Bajrang Hotel, R.D.A. Building G.E. Road, Raipur, Chhattisgarh. (Insurer Of The Offending Vehicle Truck Bearing Registration No. C.G.-07 BL 3329) ... Respondents For Appellants : Mr. Ankush Gupta, Advocate on behalf of Mr. Pushpendra Kumar Patel, Advocate For Respondent No.3 : Ms. Pooja Yadav, Advocate on behalf of Mr. Shivendu Pandya, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 17.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/ claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 27.06.2022 passed by learned Chief Motor Accident Claims Tribunal, Raipur, in Claim Case 3 No.404/2020, by which the claim application of the claimants has been allowed and an amount of Rs. 14,67,760/- has been awarded as compensation to the claimants for the death of Sadik Raja, aged about 32 years, at the time of incident. 2. Appellants, who are wife, father, mother & brothers of deceased Sadik Raja 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. 61,92,240/- pleading therein that on the date of accident, deceased Sadik Raja was aged about 32 years, working as Computer Technician 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, held that deceased Sadik Raja 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 4 awarded Rs. 14,67,760/- as total compensation with interest @ 9% per annum from the date of filing of claim application. 4. Mr. Ankush Gupta, learned counsel appearing for the appellants, would submit that the 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. Therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal may be enhanced suitably. 5. Ms. Pooja Yadav, learned counsel appearing 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 has assessed the monthly income of deceased Sadik Raja 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, 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/- Add future prospects @ 40% Rs. 37,440 + Rs. 93,600 = Rs. 1,31,040/- Rs. 41,280+ Rs. 1,03,200 = Rs. 1,44,480/- Deduction of 1/3 towards personal expenses Rs. 1,31,040 – 43,680 = Rs.87,360/- Rs. 1,44,480 – 48,160 = Rs.96,320/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 Multiplier of 16 Rs. 87,360 x 16 = Rs. 13,97,760/- Rs. 96,320 x 16 = Rs. 15,41,120/- Loss of consortium Rs. 40,000/- Rs. 40,000 x 5 = Rs.2,00,00/- Loss of Estate Rs. 15,000/- Rs. 15,000/- Funeral Expenses Rs. 15,000/- Rs. 15,000/- Total Rs. 14,67,760/- Rs. 17,71,120/- 9. In view of the aforesaid analysis, the amount of compensation of Rs. 14,67,760/- awarded by the Claims Tribunal is enhanced to Rs. 17,71,120/-. Hence, after deducting the amount of Rs. 14,67,760/-, the appellants are entitled for an additional amount of Rs. 3,03,360/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three months. 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