1 2025:CGHC:42156 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1139 of 2022 1 - Smt. Shasikala, W/o. Late Bhanu Pratap, Aged About 47 Years, R/o. Janjgiri, Post Office Anda, Tahsil Durg, District : Durg, Chhattisgarh 2 - Ku. Yugmurty, D/o. Late Bhanu Pratap, Aged About 23 Years, R/o. Janjgiri, Post Office Anda, Tahsil Durg, District : Durg, Chhattisgarh 3 - Toshit Kumar Sahu, S/o. Late Bhanu Pratap, Aged About 21 Years, R/o. Janjgiri, Post Office Anda, Tahsil Durg, District : Durg, Chhattisgarh 4 - Ku. Tirath Sahu, D/o. Late Bhanu Pratap, Aged About 19 Years, R/o. Janjgiri, Post Office Anda, Tahsil Durg, District : Durg, Chhattisgarh 5 - Chain Singh Hirwani, S/o. Late Kejuram Hirwani, Aged About 77 Years, R/o. Janjgiri, Post Office Anda, Tahsil Durg, District : Durg, Chhattisgarh ... Claimants Appellants versus ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.08.20 17:53:05 +0530 2 1 - Parminder Singh, S/o. Dilip Singh, Aged About 32 Years, R/o. Gayatri Mandir, Santrabadi, Durg, Tahsil Durg, District : Durg, Chhattisgarh ……...Driver 2 - Sanjay Kumar Tiwari, S/o. Shivdutt Prasad Tiwari, Aged About 41 Years, Ward No.4, Gaya Nagar, Durg, Tahsil Durg, District : Durg, Chhattisgarh ………..Owner 3 - The New India Insurance Company Ltd., Through Divisional Manager, Station Road, Paras Complex, Near Gurudwara, Durg, Tahsil Durg, District : Durg, Chhattisgarh……….Insurer ... Respondents For Appellant : Mr. P.R.Patankar, Advocate For Respondent No.3. : Mr. B.N.Nande, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 20.08.2025 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 29.08.2022 passed by learned VI Additional Motor Accident Claims Tribunal, Durg in MACT Case No.308/2021, whereby an amount of Rs. 18,04,420/- has been awarded 3 as compensation for the death of Bhanu Pratap Hirwani, who was working as Truck Driver, aged about 48 years, at the time of incident. 2. Appellants, who are wife, son, two daughters & father of the deceased Bhanu Pratap Hirwani, 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. 34,00,000/- pleading therein that on the date of accident, deceased Bhanu Pratap Hirwani was aged about 48 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, held that deceased Bhanu Pratap Hirwani 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. 4 18,04,420/- as total compensation with interest @ 9% per annum from the date of filing of claim application. 4. Mr. P.R.Patankar, 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.10,608/- per month, which should be Rs. 12,000/- per month as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh, as the deceased was Truck Driver. Therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal may be suitably enhanced. 5. Mr. B.N.Nande, 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. 5 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 Bhanu Pratap to be Rs.10,608/- 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.12,000/- per month, which comes to Rs. 1,44,000/- 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. 10,608 x 12 = Rs. 1,27,296/- Rs. 12,000 x 12 = Rs. 1,44,000/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 Future prospects @ 25% Rs. 31,824 + 1,27,296 = Rs.1,59,120/- Rs.36,000 + 1,44,000 = Rs. 1,80,000/- Deduction of ¼ towards personal expenses Rs.1,59,120 – 39,780 = Rs.1,19,340/- Rs. 1,80,000 – 45,000 = Rs.1,35,000/- Multiplier of 13 Rs. 1,19,340 x 13 = Rs. 15,51,420/- Rs. 1,35,000 x 13 = Rs.17,55,000/- Loss of consortium Rs. 44,000 x 5 = Rs.2,20,000/- Rs. 44,000 x 5 = Rs. 2,20,000/- Funeral Expenses Rs. 16,500/- Rs. 16,500/- Loss of Estate Rs. 16,500/- Rs. 16,500/- Total Rs. 18,04,420/- Rs. 20,08,000/- 9. In view of the aforesaid analysis, the amount of compensation of Rs. 18,04,420/- awarded by the Claims Tribunal is enhanced to Rs. 20,08,000/-. Hence, after deducting the amount of Rs.18,04,420/-, the appellants are entitled for an additional amount of Rs. 2,03,580/-. 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. 7 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