1 MAC No. 1435 of 2022 2025:CGHC:44054 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1435 of 2022 1. Smt. Amita Mehta W/o Late Shri Rajendra Mohan Mehta, Aged About 58 Years; 2. Surendra Mehta S/o Late Shri Rajendra Mohan Mehta, Aged About 43 Years; 3. Vijay Mehta S/o Late Shri Rajendra Mohan Mehta, Aged About 41 Years; 4. Hemant Mehta S/o Late Shri Rajendra Mohan Mehta, Aged About 39 Years; 5. Ravi Mehta S/o Late Shri Rajendra Mohan Mehta, Aged About 37 Years; All are R/o Village- Bhatagon, Thana Rudri, District : Dhamtari, Chhattisgarh. ... Appellants/Claimants versus 1. Siddharth Gupta S/o Shri Kamlapat Gupta, Aged About 23 Years, R/o Shubhash Nagar Bacheli, Thana- Bacheli, District : Dantewada, Chhattisgarh (Driver Of Vehicle No. CG-04-LX- 0510). 2. Kamlapat Gupta S/o Late Shri Barelal Gupta, Aged About 54 Years, R/o Shubhash Nagar Bacheli, Thana-Bacheli, District : ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.30 11:22:47 +0530 2 MAC No. 1435 of 2022 Dantewada, Chhattisgarh, (Owner Of Vehicle No. CG-04-LX- 0510). 3. ICICI Lombard General Insurance Company Limited through Branch Manager, Branch Office-Devendra Nagar Commercial Building, Ground Floor Sector 03, Raipur, Tasil and District Raipur (Insurer of Vehicle No. CG-04-LX-0510). ... Respondents For Appellants :- Mr. Sunil Sahu, Advocate. For Respondent No.3 :- Mr. Shekhar Amin, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 29.08.2025 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 in the amount of compensation, challenging the impugned award dated 11.07.2022 passed by the Additional Motor Accident Claims Tribunal, Dhamtari, District Dhamtari, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 23/2020, whereby learned Claims Tribunal has awarded a total sum of 3,17,000/- ₹ as compensation along with interest for death of Rajendra Mohan Mehta, who was an unskilled labour, aged about 69 years at the time of incident. The 3 MAC No. 1435 of 2022 claimants/appellants herein are the wife and sons, respectively, of the deceased. 2. Mr. Sunil Sahu, 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. The Claims Tribunal erred in assessing income of deceased as 6,000/- per month which should be 8,660/- as per ₹ ₹ Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. It is further contended that the Claims Tribunal has erred in awarding compensation under the head of ‘consortium’ which is required to be enhanced and, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Mr. Shekhar Amin, learned counsel for the respondent No.3, 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 4 MAC No. 1435 of 2022 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 gone through the records meticulously. 5. Learned Claims Tribunal assessed the monthly income of deceased Shubham Sahu to be 6,000/-, however, in the ₹ opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour, the monthly income of the deceased should be 8,660/- (as per ₹ minimum wages prescribed at relevant time) and ₹1,03,920/- per annum. Moreover, a sum of 44,000/- under ₹ the head of ‘consortium’ to the claimants/appellants is liable to be enhanced. 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, Sarla 1 (2017) 16 SCC 680 5 MAC No. 1435 of 2022 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 ₹ 6,000 x 12 = ₹ 72,000/- ₹ 8,660 x 12 = 1,03,920/- ₹ 2 Deduction (-) 1/3 = 24,000/- ₹ ₹ 72,000 - 24,000 = ₹ 48,000/- (total income) (-) 1/3 = 34,640/- ₹ ₹ 1,03,920 - 34,640 = 69,280/- (total income) ₹ 3 Multiplier (x) 5 = 2,40,000/- ₹ (x) 5 = 3,46,400/- ₹ 4 Loss of Estate ₹ 16,500/- ₹ 16,500/- 5 Funeral Expenses ₹ 16,500/- ₹ 16,500/- 6 Loss of Consortium ₹44,000/- ₹44,000 x 5 = 2,20,000/- ₹ Total ₹ 3,17,000/- ₹ 5,99,400/- 7. In view of the aforesaid analysis, the amount of compensation of ₹3,17,000/- awarded by the Claims Tribunal is enhanced to ₹5,99,400/-. Hence, after deducting the amount of ₹3,17,000/-, the appellants are held to be entitled to an additional amount of ₹2,82,400/-. The 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 MAC No. 1435 of 2022 concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three months from the date of receipt of 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. 17.02.2020 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 Ankit