1 MAC No. 1493 of 2022 2025:CGHC:44053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1493 of 2022 1. Smt. Parvati Dhankar W/o Late Khemu Dhankar, Aged About 36 Years; 2. Ku. Parmeshwari Dhankar D/o Late Khemu Dhankar, Aged About 4 Years; 3. Ku. Devika Dhankar D/o Late Khemu Dhankar, Aged About 1 Years, Appellants No.2 & 3 are minor through Mother Smt. Parvati Dhankar, W/o Late Khemu Dhankar All are R/o Ward No. 13 Risama, PS Anda, Tahsil & District Durg (C.G.). ... Appellants/Claimants versus 1. Shiv Baran S/o Dashrath Lal Baran, Aged About 28 Years, R/o Near Utsav Hiro Showroom, In Front of Sumeet Bazar, Near Pulgaon Chauk PS Pulgaon, Tahsil & District Durg (C.G.) (Driver). 2. Ishwari Sinha D/o Late R.K. Sinha, Aged About 49 Years, R/o Maa Santoshi Darbar Road, Azad Ward Number 37, Police Station City Kotwali, Durg (C.G.) (Owner). 3. The Oriental Insurance Company Limited, Through Branch Manager, Branch Office Near Rajendra Park Chowk, Near Gupta Furniture, Durg, Tahsil & District Durg (C.G.) (Insurance Company). ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.09.01 11:24:54 +0530 2 MAC No. 1493 of 2022 ... Respondents For Appellant :- Mr. Sudhanshu Kumar Singh, Advocate, on behalf of Mr. B.P. Singh, Advocate. For Respondent No.3 :- Mr. Akash Shrivastava, 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 24.09.2022 passed by the 6th Additional Motor Accident Claims Tribunal, Durg, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 259/2020, whereby learned Claims Tribunal has awarded a total sum of 16,25,368/- ₹ as compensation along with interest for death of Khemu Dhankar, who was an labour, aged about 27 years at the time of incident. The claimants/appellants herein are the wife and daughters, respectively, of the deceased. 2. Mr. Sudhanshu Kumar Singh, 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 3 MAC No. 1493 of 2022 of deceased as ₹7,670/- per month which should be ₹9,380/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Mr. Akash Shrivastava, 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 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 7,670/-, however, in the ₹ opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour 4 MAC No. 1493 of 2022 Commissioner, Chhattisgarh for labour, the monthly income of the deceased should be 9,380/- (as per minimum wages ₹ prescribed at relevant time) and 1,12,560/- per annum. ₹ 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 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 ₹ 7,670 x 12 = ₹ 92,040/- ₹ 9,380 x 12 = 1,12,560/- ₹ 2. Future prospect (+) 40% = ₹36,816/- total income = ₹ 1,28,856/- (+) 40% = ₹ 45,024/- total income = ₹ 1,57,584/- 3. Deduction (- )1/3 = 42,952/- ₹ ₹ 1,28,856 - 42,952 = ₹ 85,904/- (total income) (-) 1/3 = 52,528/- ₹ ₹ 1,57,584 - 52,528 = 1,05,056/- (total ₹ income) 4. Multiplier (x) 17 = 14,60,368/- ₹ (x) 17 = 17,85,952/- ₹ 5. Loss of Estate ₹ 16,500/- ₹ 16,500/- 6. Funeral Expenses ₹ 16,500/- ₹ 16,500/- 7. Loss of 44,000 x 3 = ₹ 44,000 x 3 = 1,32,000/- ₹ ₹ 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 MAC No. 1493 of 2022 Consortium 1,32,000/- ₹ Total ₹ 16,25,368/- ₹ 19,50,952/- 7. In view of the aforesaid analysis, the amount of compensation of ₹16,25,368/- awarded by the Claims Tribunal is enhanced to ₹19,50,952/-. Hence, after deducting the amount of ₹16,25,368/-, the appellants are held to be entitled to an additional amount of ₹3,25,584/-. The 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. 17.12.2020 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