Page No.1 of 5 IN MAC-1345-2022 2025:CGHC:49038 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1345 of 2022 [Arising out of award dt. 05.08.2022, passed in claims Case No.118/2020 (Smt. Santoshi Verma and others v. Sudhakar Raut and others) by the 9th Addl. Motor Accident Claims Tribunal, Raipur (CG)] 1 - Smt. Santoshi Verma W/o Shri Mahendra Kumar Verma Aged About 25 Years R/o Bharat Nagar, Barda, .............Claimants, District : Balodabazar-Bhathapara, Chhattisgarh 2 - Nikhil Verma S/o Shri Mahendra Kumar Verma Aged About 11 Years Minor Legal Guardian Mother Smt. Santoshi Verma W/o Late Mahendra Kumar Verma 25 Years, R/o Bharat Nagar, Barda,, District : Balodabazar-Bhathapara, Chhattisgarh 3 - Neeraj Verma S/o Shri Mahendra Kumar Verma Aged About 10 Years Minor Legal Guardian Mother Smt. Santoshi Verma W/o Late Mahendra Kumar Verma 25 Years, R/o Bharat Nagar, Barda,, District : Balodabazar-Bhathapara, Chhattisgarh 4 - Smt. Bhagwati Bai W/o Anirudh Verma Aged About 55 Years R/o Bharat Nagar, Barda,, District : Balodabazar-Bhathapara, Chhattisgarh ... Appellants Versus 1 - Sudhakar Raut S/o Shri Keshav Raut Aged About 36 Years R/o M. I. G. 30 Veer Sawarkar Nagar Police Station Kabirnagar, District Raipur Chhattisgarh. R/o The Bombay Goods Transport Veer Sawarkar Nagar ..............(Driver Of Offending Vehicle Trailer Truck No. C. G.-04-Z. D. 4455)., District : Raipur, Chhattisgarh 2 - Paramjeet Kaur W/o Surender Singh Aged About 30 Years R/o 30 Veer Sawarkar Nagar, Police Station Kabirnagar, District- Raipur Chhattisgarh. R/o The Bombay Goods Transport, Veer Sawarkar SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 5 IN MAC-1345-2022 Nagar ...........(Owner Of Offending Vehicle Trailer Truck No. C. G. - 04-Z.D.-4455, District : Raipur, Chhattisgarh 3 - The New India Insurance Co. Ltd. C/o. Branch Manager, Prabhari Adhikari, The New India Insurance Co. R. D. A. Building, Near Bajrang Hotel, G. E. Road Raipur ...........(Insurer Of Offending Vehicle Trailer Truck No. C. G. 04-Z. D.-4455., District : Raipur, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. Ankush Gupta, Advocate For Respondents No.1-2 : None though served. For Respondent No.3 : Mr. M.Z. Siddiqui, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 24.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of amount of compensation, challenging the impugned award dt. 05.08.2022, passed in claims Case No.118/2020 (Smt. Santoshi Verma and others v. Sudhakar Raut and others) by the 9th Addl. Motor Accident Claims Tribunal, Raipur (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.16,64,200/- as compensation for the death of Mahendra Kumar Verma. 2. 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. Claims Tribunal erred in assessing income of deceased as Rs.7,800/- per month which should be Rs.8400/- as per Page No.3 of 5 IN MAC-1345-2022 Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Further, in light of the decision of the Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi1 10% amount on other conventional heads ought to have been awarded. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondents 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. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. Learned Claims Tribunal assessed the monthly income of deceased to be Rs.7800/-, 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.8400/- PM (as per minimum wages prescribed at relevant time). Further, under other conventional 1 (2017) 16 SCC 680 Page No.4 of 5 IN MAC-1345-2022 heads 10% amount, in light of the decision of Pranay Sethi (supra) is also required to enhanced. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of Pranay Sethi (supra), 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:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs.7800 x 12 = Rs.93,600/- Rs.8400 x 12 = Rs.1,00,800/- 2. Future Prospect (+) 40% (i.e. Rs.37,440/-) = Rs.1,31,040/- (+) 40% (i.e. Rs.40,320/-) = Rs.1,41,120/- 3. Multiplier (x) 15 = Rs.19,65,600/- (x) 15 = Rs. Rs.21,16,800/- 4. Deduction (-) 1/4 (i.e. Rs.4,91,400/-) = Rs.14,74,200/- (-) 1/4 (i.e. Rs.5,29,200/-) = Rs.15,87,600/- 5. Loss of Estate Rs. 15,000/- Rs.15,000/- 6. Funeral Expenses Rs. 15,000/- Rs.15,000/- 7. Loss of Consortium Rs.1,60,000/- Rs.1,60,000/- 8. Additional 10% other conventional heads as per Pranay Sethi (supra) NIL. i.e. 10% of Rs.1,90,000/- = Rs.19,000/- Total Rs.16,64,200/- Rs.17,96,600/- 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.5 of 5 IN MAC-1345-2022 7. In view of the aforesaid analysis, the amount of compensation of Rs.16,64,200/- awarded by the Claims Tribunal is enhanced to Rs.17,96,600/-. Hence, after deducting the amount of Rs.16,64,200/-, the appellants are held entitled for an additional amount of Rs.1,32,400/-. The concerned respondents are directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 7.5% per annum from the date of claim application before the Tribunal i.e. 29.01.2020 till its realization. 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 s@if