(MAC No.1196/2022) 2025:CGHC:40577 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1196 of 2022 1. Gendlal, S/o Late Khorbahara Barman, Aged about 35 years. 2. Ku. Mamta, D/o Gendlal, Aged about 17 years. 3. Ku. Hani, D/o Gendlal, Aged about 11 years. 4. Pokhraj, S/o Gendlal, Aged about 8 years. Appellant No.2 to 4 are minors through legal Guardian Father Gendlal Appellant No.1. All are R/o Village Tatibandh, Sahu Para, Aamanka, Thana Aamanka, District Raipur, Chhattisgarh. (Claimants) ... Appellants versus 1. Rajesh Singh @ Raju, S/o Late Heera Singh, Aged about 50 years, R/o Village Rani Road, Dhanohar Para, Korba, Thana City Kotwali, Korba, District Korba, Chhattisgarh. (Driver of the offending vehicle Bus No. CG.12/X./0447). (Driver) 2. Ghanshyam, S/o Gangaram Rathore, Aged about 49 years, R/o Avrest Vihar Darry, Ward No. 36, Qtr. No. F.01405, Thana Darry, District Korba (Chhattisgarh). (Owner of the offending vehicle Bus No. CG.12/X./0447). (Owner) 3. Branch Manager, National Insurance Company Limited, Branch Office, Taha Complex, 1st Floor, Byapar Vihar Road, Bilaspur, District Bilaspur, Chhattisgarh. (Insurer of the offending vehicle Bus No. CG.12/X./0447). (Insurer) ... Respondents SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.08.18 16:41:51 +0530 (MAC No.1196/2022) For Appellants : Mr. Arjun Lal Singroul, Advocate. For Respondent No.3 : Mr. Sanjay Patel, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 12/08/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act of 1988’) has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 17-8-2022 passed by the 1st Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.492/2019, whereby the learned Claims Tribunal has awarded a total sum of ₹ 16,39,504/- as compensation for the death of Saraswati Barman, who was a Ladies Tailor, aged about 35 years at the time of incident. 2. Mr. Arjun Lal Singroul, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the deceased was Ladies Tailor by profession and the learned Claims Tribunal ought to have taken her monthly income to be ₹ 8,710/- on the basis of notification issued under the Minimum Wages Act in the year 2021, therefore, the amount of compensation be enhanced suitably. 3. Mr. Sanjay Patel, learned counsel appearing for respondent No.3/ Insurance Company, would support the impugned award and oppose the appeal. (MAC No.1196/2022) 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection. 5. The learned Claims Tribunal has assessed the monthly income of deceased Saraswati Barman to be ₹ 7,190/-, 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 ₹ 8,710/- (as per minimum wages prescribed at relevant time) and ₹ 1,04,520/- per annum. 6. Thus, considering the evidence available on record and that the deceased was working as Ladies Tailor, 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. v. 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:- S. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation 1. Income ₹ 7,190 x 12 = ₹ 86,280/- ₹ 8,710 x 12 = ₹ 1,04,520/- 2. Future Prospect (+) 40% i.e. ₹ 34,512; total income = ₹ 86,280 + 34,512 = ₹ 1,20,792/- (+) 40% i.e. ₹ 41,808; total income = ₹ 1,04,520 + 41,808 = ₹ 1,46,328/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.1196/2022) 3. Deduction (-) ¼ = ₹ 30,198/- ₹ 1,20,792 – 30,198 = ₹ 90,594/- (total income) (-) ¼ = ₹ 36,582/- ₹ 1,46,328 – 36,582 = ₹ 1,09,746/- (total income) 4. Multiplier (x) 16 = ₹ 14,49,504/- (x) 16 = ₹ 17,55,936/- 5. Loss of Estate ₹ 15,000/- ₹ 15,000/- 6. Funeral Expenses ₹ 15,000/- ₹ 15,000/- 7. Loss of Consortium ₹. 40,000 x 4 = ₹ 1,60,000/- ₹ 40,000 x 4 = ₹ 1,60,000/- Total ₹ 16,39,504/- ₹ 19,45,936/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 16,39,504/- awarded by the Claims Tribunal is enhanced to ₹ 19,45,936/-. Hence, after deducting the amount of ₹ 16,39,504/-, the appellants are held entitled for an additional amount of ₹ 3,06,432/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 7.5% per annum from the date of filing of claim application before the Tribunal i.e. 26-4-2019 till its realisation. 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 Soma