1 MAC No. 1105 of 2022 2025:CGHC:45323 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1105 of 2022 1. Smt. Bhuneshwari Nishad W/o Late Shri Chandrika Nishad, Aged About 26 Years; 2. Bharti Nishad D/o Late Shri Chandrika Nishad, Aged About 6 Years; 3. Ku. Kusum Nishad D/o Late Shri Chandrika Nishad, Aged About 2 Years; 4. Sitabai Nishad W/o Shri Panchuram Nishad, Aged About 40 Years; 5. Panchuram Ram Nishad S/o Shri Bhuneshwar Nishad, Aged About 43 Years; Appellant No.2 & 3 are minor through natural guardian Mother Smt. Bhuneshwari Nishad, Wife Of Late Shri Chandrika Nishad. All are R/o Village Kunra, District : Raipur, Chhattisgarh. ... Appellants versus 1. Hariram Sahu S/o Late Shri Rameshwar Sahu R/o Rajatalab Raipur P.S. Civil Line, District Raipur Chhattisgarh (Driver Of The Offending Vehicle Tata S. Bearing Registration No. C.G. - 04 JD 1047). 2. Vikas Kumar Sahu S/o Shri Hariram Sahu R/o Rajatalab Raipur P.S. Civil Line, District Raipur Chhattisgarh (Owner Of The ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.09.06 16:11:17 +0530 2 MAC No. 1105 of 2022 Offending Vehicle Tata S. Bearing Registration No. C.G. - 04 JD 1047). 3. Cholamandalam M.S. General Insurance Company Ltd. Through Incharge Officer, Cholamandalam M.S. General Insurance Company Ltd. Near Aarsan Motors Mova, Under Over Bridge Mova Raipur Chhattisgarh, (Insurer Of The Offending Vehicle Tata S. Bearing Registration No. C.G. - 04 JD 1047) ... Respondents For Appellants :- Mr. Ankush Gupta, Advocate, on behalf of Mr. Pushpendra Kuamr Patel, Advocate. For Respondent No.3 :- Mr. Ashish Pandey, Advocate, Mr. Shokei Yadav, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 04.09.2025 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 in the amount of compensation, challenging the impugned award dated 14.07.2022 passed by the Chief Motor Accident Claims Tribunal, Raipur, District Raipur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 528/2019, whereby learned Claims Tribunal has awarded a total sum of 17,80,760/- ₹ as compensation along with interest for death of Chandrika Nishad, who was a working as a Supervisor in private sector, aged about 30 years at the time of incident. The 3 MAC No. 1105 of 2022 claimants/appellants herein are the wife and two daughters, mother and father, respectively, of the deceased. 2. Mr. Ankush Gupta, learned counsel for the appellants, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. He would also submit that the Claims Tribunal erred in assessing income of deceased as 7,800/- per month which should be 8,400/- as per ₹ ₹ Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. He would further submit that amount under the heads of consortium, estate and funeral expenses is liable to be enhanced. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Mr. Ashish Pandey, learned counsel for respondent No.3, would submit that the appellants have failed to prove nature of occupation and income of deceased by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 4 MAC No. 1105 of 2022 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records meticulously. 5. Learned Claims Tribunal assessed the monthly income of deceased Ajay Kumar Khadiya to be 7,800/-, 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 ₹8,400/- (as per minimum wages prescribed at relevant time) and 1,00,800/- per annum. Moreover, amount under the heads ₹ of estate, funeral expenses and consortium is also liable to be enhanced. 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. 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 5 MAC No. 1105 of 2022 Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹ 7,800 x 12 = ₹ 93,600/- ₹ 8,400 x 12 = 1,00,800/- ₹ 2. Future prospect (+) 40% = ₹37,440/- total income = ₹ 1,31,040/- (+) 40% = ₹ 40,320/- total income = ₹ 1,41,120/- 3. Deduction (-) ¼ = 32,760/- ₹ ₹ 1,31,040 – 32,760= ₹ 98,280- (total income) (-) ¼ = 35,280 /- ₹ ₹ 1,41,120 – 35,280 = 1,05,840/- (total ₹ income) 4. Multiplier (x) 17 = 16,70,760/- ₹ (x) 17 = 17,99,280/- ₹ 5. Loss of Estate ₹ 15,000/- ₹ 16,500/- 6. Funeral Expenses ₹ 15,000/- ₹ 16,500/- 7. Loss of Consortium ₹40,000 x 2 = 80,000/- ₹ ₹44,000x5 = 2,20,000/- ₹ Total ₹ 17,80,760/- ₹ 20,52,280/- 7. In view of the aforesaid analysis, the amount of compensation of ₹17,80,760/- awarded by the Claims Tribunal is enhanced to ₹20,52,280/-. Hence, after deducting the amount of ₹17,80,760/-, the appellants are held to be entitled to an additional amount of ₹2,71,520/- . The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three 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 i.e. 24.06.2019 till its realization. 6 MAC No. 1105 of 2022 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 Ankit