(MAC No.3/2023) 2025:CGHC:41189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 3 of 2023 1. Smt. Leela Bai, W/o Late Shri Ramprasad, Aged about 45 years 2. Dharmendra, S/o Late Shri Ramprasad, Aged about 20 years Both are R/o Village Angara, Thana & Tahsil Kurud, Distt. Dhamtari (C.G.) (Claimants) ... Appellants versus 1. Santosh Kumar, S/o Angluram, by Caste Sinha, Aged about 46 years, R/o Magarload, Thana & Tahsil Magarload, Distt. Dhamtari (C.G.) (Driver of Vehicle No.CG-27/H-3848) 2. Dineshwar Kumar Shori, S/o Late Shri Khammn Lal Shori, Aged about 27 years, R/o R.E.S. Colony, Dhanora, Thana Dhanora Tija, Distt. Kondagaon (C.G.) (Owner of Vehicle No.CG-27/H-3848) 3. Reliance General Insurance Company Limited, Office Shop No. 516, Fifth Floor, National Corporate Park Commercial Complex, G.E. Road, Raipur, Tahsil & Distt. Raipur (C.G.) (Insurer of Vehicle No.CG-27/H-3848) ... Respondents For Appellants : Mr. Sunil Sahu, Advocate. For Respondent No.3 : Mr. Saurabh Gupta, Advocate, on behalf of Mr. Sourabh Sharma, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.08.20 10:54:04 +0530 (MAC No.3/2023) Judgment on Board 14/08/2025 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 2-12-2022 passed by the Additional Motor Accident Claims Tribunal, Dhamtari, District Dhamtari in Claim Case No.45/2021, whereby the learned Claims Tribunal has awarded a total sum of ₹ 11,64,852/- as compensation for the death of Ramprasad, who was a Milk Seller, aged about 50 years at the time of incident. The appellants herein/claimants are wife and daughter, respectively, of deceased Ramprasad. 2. Mr. Sunil Sahu, learned counsel appearing on behalf of the appellants herein/claimants, would submit that monthly income of the deceased has taken less which ought to have been taken as ₹ 8,960/-, therefore, the compensation should be enhanced. 3. Mr. Saurabh Gupta, Advocate, appearing on behalf of Mr. Sourabh Sharma, learned counsel for respondent No.3/ 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. Page 3 of 4 (MAC No.3/2023) 5. The learned Claims Tribunal has assessed the monthly income of deceased Ramprasad to be ₹ 8,060/-, 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 ₹ 8,960/- (as per minimum wages prescribed at relevant time) and ₹ 1,07,520/- per annum. 6. Thus, considering the evidence available on record and that the deceased was Milk Seller, 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 ₹ 8,060/- ₹ 8,960 x 12 = ₹ 1,07,520/- (Yearly Income) 2. Future Prospect (+) 25% i.e. ₹ 2,015; total monthly income = ₹ 8,060 + 2,015 = ₹ 10,075/- (+) 25% i.e. ₹ 26,880 total yearly income = ₹ 1,07,520 + 26,880 = ₹ 1,34,400/- 3. Deduction (-) 1/3 = ₹ 3,358/- ₹ 10,075 – 3,358 = ₹ 6,717/- (total monthly income) (-) 1/3 = ₹ 44,800/- ₹ 1,34,400 – 44,800 = ₹ 89,600/- (total yearly income) 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.3/2023) Yearly Income = ₹ 6,717 x 12 = ₹ 80,604/- 4. Multiplier (x) 13 = ₹ 10,47,852/- (x) 13 = ₹ 11,64,800/- 5. Loss of Estate ₹ 16,500/- ₹ 16,500/- 6. Funeral Expenses ₹ 16,500/- ₹ 16,500/- 7. Loss of Spousal Consortium ₹ 44,000/- ₹ 44,000/- 8. Loss of Parental Consortium ₹ 40,000/- ₹ 40,000/- Total ₹ 11,64,852/- ₹ 12,81,800/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 11,64,852/- awarded by the Claims Tribunal is enhanced to ₹ 12,81,800/-. Hence, after deducting the amount of ₹ 11,64,852/-, the appellants are held entitled for an additional amount of ₹ 1,16,948/-. 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. 22-2-2021 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