1 2025:CGHC:49050 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1429 of 2022 1 - Umesh Borkar S/o Mayaram Borkar Aged About 46 Years R/o Village Dhadhutola, Bhandha Bazar, Thana Ambagarh Chowki, District Rajnandgaon, Chhattisgarh 2 - Smt. Pramila Borkar W/o Shri Umesh Borkar Aged About 44 Years R/o Village Dhadhutola, Bhandha Bazar, Thana Ambagarh Chowki, District Rajnandgaon, Chhattisgarh 3 - Shraddha Borkar D/o Shri Umesh Borkar Aged About 15 Years Being Minor Through Father Shri Umesh Borkar, S/o Shri Mayaram Borkar, R/o Village Dhadhutola, Bhandha Bazar, Thana Ambagarh Chowki, District Rajnandgaon, Chhattisgarh ... Appellants/Claimants versus 1 - Madanlal Choudhari S/o Vishnulal Choudhary Aged About 36 Years R/o Village Murmunda, Thana Dongargarh, District Rajnandgaon, Chhattisgarh (Driver and Owner) 2 - The New India Insurance Company Ltd. Through Branch Manager, New Bus Stand Complex, Tata A. I. G. Insurance Company Ltd. Rajanandgaon, Chhattisgarh (Insurer) ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.09.25 15:50:13 +0530 2 For Appellants : Ms. Bhavika Kotecha, Advocate For Respondents No. 1 : Mr. Parth Shrivastava, Advocate For Respondent No. 2 : Mr. Qamrul Aziz, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 24.09.2025 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 of amount of compensation, challenging the impugned award dated 31/10/2022 passed by learned 2nd Additional Motor Accident Claims Tribunal, Rajnandgaon (C.G.) in Claim Case No. 80/2019, whereby learned Claims Tribunal has awarded a total sum of Rs. 13,47,080/- as compensation to the appellants/claimants for the death of Ankur Borkar, aged about 20 years. 2. Learned counsel for the appellants/claimants would submit that the trial Court has erred in granting less compensation as the monthly income of the deceased has been assessed as Rs. 8,400/- whereas it ought to be Rs. 8,790/- as per the minimum wage notification prevalent on the date of the accident. She would further submit that the Claims Tribunal has erred in granting only 3 Rs. 44,000/- under loss of consortium whereas each of the claimant is entitled for Rs. 40,000/- and in total Rs. 1,20,000/- should be granted under loss of consortium, therefore, the impugned award may suitably be enhanced. 3. Learned counsel for the respondents would support the impugned award and submit that the compensation awarded by learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 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. A careful perusal of the record would show that the Claims Tribunal has assessed the monthly income of the deceased to be Rs. 8,400/-, however, in the opinion of this Court, his monthly income should be Rs. 8,790/- (as per minimum wages prescribed at relevant time) and Rs. 1,05,480/- per annum. Moreover, Rs. 40,000/- each ought to be granted to the appellants/claimants under the head of loss of consortium. 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, 1 (2017) 16 SCC 680 4 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. 8,400/- x 12 = Rs. 1,00,800/- Rs. 8,790/- x 12 = Rs. 1,05,480/- 2. Future Prospect (+) 40% i.e. Rs. 40,320/- = Rs. 1,41,120/- (+) 40% i.e. Rs. 42,192/- = Rs. 1,05,480/- 3. Deduction (-) ½ = Rs. 70,560/- (-) ½ = Rs. 73,836/- 4. Multiplier (x) 18 = Rs. 12,70,080/- (x) 18 = Rs. 13,29,048/- 5. Loss of Consortium Rs. 44,000/- Rs. 1,20,000/- 6. Funeral Expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Estate Rs. 15,000/- Rs. 15,000/- Total Rs. 13,47,080/- Rs. 14,79,048/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 13,47,080/- awarded by the Claims Tribunal is enhanced to Rs. 14,79,048/-. Hence, the appellant is held entitled for an additional amount of Rs. 1,31,968/-. Respondent No. 2 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 copy 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 of this order. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal i.e. 10/04/2019 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 Harneet