(MAC No.1203/2022) 2025:CGHC:40924 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1203 of 2022 1. Ganeshwari, D/o Dharmendra, Aged about 17 years, 2. Monika, D/o Dharmendra, Aged about 16 years, 3. Govinda, S/o Dharmendra, Aged about 14 years, No.1 to 3 are minors through their natural guardian Grandfather Sukalu Ram, S/o Late Hiraman, 4. Sukaluram, S/o Late Hiraman, Aged about 63 years, 5. Smt. Chiteshwari, W/o Sukaluram, Aged about 58 years, All are by caste Sahu, R/o Parewadih, P.S. Arjuni, District Dhamtari, Chhattisgarh (Claimants) ... Appellants versus 1. Meghnath, S/o Ramlal, Caste Sahu, Aged about 51 years, R/o Near Lal Bagicha Khamhan Badi, Dhamtari, P.S., Tahsil & District Dhamtari, Chhattisgarh. (Driver) 2. Mahendra, S/o Jasraj Chopra, Aged about 50 years, R/o Mahalaxmi Enclave, Dhamtari, P.S., Tahsil & District Dhamtari, Chhattisgarh. (Owner) 3. Divisional Manager, The Oriental Insurance Company Limited, Office at M.B. Trade, Near Balak Chowk, Dhamtari, Post, Tahsil & District Dhamtari, Chhattisgarh. (Insurer) ... Respondents For Appellants : Mr. Praveen K. Dhurandhar, Advocate. For Respondent No.3 : Mr. Priyanshu Gupta, Advocate on behalf of Mr. B.N. Nande, Advocate. SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.08.20 10:54:47 +0530 (MAC No.1203/2022) Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 13/08/2025 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 16-9-2022 passed by the Additional Motor Accident Claims Tribunal, Dhamtari in Claim Case No.29/2021, whereby the learned Claims Tribunal has awarded a total sum of ₹ 14,14,160/- as compensation for the death of Dharmendra Sahu, who was a Mason, aged about 40 years at the time of incident. The appellants herein/claimants are children and parents, respectively, of deceased Dharmendra Sahu. 2. Mr. Praveen K. Dhurandhar, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the deceased was working as Mason and the learned Claims Tribunal ought to have taken his monthly income to be ₹ 8,860/- on the basis of notification issued under the Minimum Wages Act in the year 2021, whereas, it has been taken as ₹ 7,000/, therefore, the amount of compensation be enhanced suitably. (MAC No.1203/2022) 3. Mr. Priyanshu Gupta, learned counsel appearing on behalf of respondent No.3 herein/Insurance Company, would support the impugned award and oppose the appeal. 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 Dharmendra Sahu to be ₹ 7,000/-, 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 ₹ 8,860/- (as per minimum wages prescribed at relevant time). 6. Thus, considering the evidence available on record and that the deceased was working as Mason, 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 ₹ 7,000/- ₹ 8,860 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.1203/2022) 2. Future Prospect (+) 25% i.e. ₹ 1,750; total monthly income = ₹ 7,000 + 1,750 = ₹ 8,750/- (+) 25% i.e. ₹ 2,215; total monthly income = ₹ 8,860 + 2,215 = ₹ 11,075/- 3. Deduction (-) ¼ = ₹ 2,188/- ₹ 8,750 – 2,188 = ₹ 6,562/- (total monthly income) Yearly Income = ₹ 6,562 x 12 = ₹ 78,744/- (-) ¼ = ₹ 2,768/- ₹ 11,075 – 2,768 = ₹ 8,307/- (total monthly income) Yearly Income = ₹ 8,307/- x 12 = 99,684/- 4. Multiplier (x) 15 = ₹ 11,81,160/- (x) 15 = ₹ 14,95,260/- 5. Loss of Estate ₹ 16,500/- ₹ 16,500/- 6. Funeral Expenses ₹ 16,500/- ₹ 16,500/- 7. Loss of Consortium ₹ 40,000/- x 5 = ₹ 2,00,000/- ₹ 40,000 x 5 = ₹ 2,00,000/- Total ₹ 14,14,160/- ₹ 17,28,260/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 14,14,160/- awarded by the Claims Tribunal is enhanced to ₹ 17,28,260/-. Hence, after deducting the amount of ₹ 14,14,160/-, the appellants are held entitled for an additional amount of ₹ 3,14,100/-. 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 @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 3-2-2021 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