1 2025:CGHC:57774 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1184 of 2023 1 - Maniram Sahu S/o. Shri Kundan Singh Sahu, Aged About 42 Years R/o. Village Ramatola, Tahsil And Thana Dongargarh, District - Rajnandgaon, Chhattisgarh. 2 - Smt. Kavita Sahu, W/o. Shri Maniram Sahu, Aged About 29 Years R/o. Village Ramatola, Tahsil And Thana Dongargarh, District - Rajnandgaon, Chhattisgarh. ... Appellants/Claimants versus 1 - Tuleshwar Kumar Verma S/o. Amar Singh, Aged About 26 Years R/o. Village Ramatola, Tahsil And Thana Dongargarh, District - Rajnandgaon, Chhattisgarh. -- Driver -- 2 - Shri Netram Dewangan, S/o. Shri Ramadhar Dewangan, Aged About 39 Years R/o. Village Ramatola, Tahsil And Thana Dongargarh, District - Rajnandgaon, Chhattisgarh. -- Owner -- 3 - Liberty Videocon General Insurance, Through Branch Managar, Guru Ghasidas Ward, M.A. Silver, Plaza Shop 120, First Floor, Ring Road Number No. 1, Telibandha Raipur And 18 Floor Shyam Plaza, Pandiri Road, Raipur, District - Raipur, Chhattisgarh. -- Insurer -- ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.28 11:29:53 +0530 2 For Appellants :Mrs. Bhavika Kotecha, Advocate For Respondents No. 1 & 2 :Mr. Khilendra Sahu on behalf of Mr. S.S. Baghel, Advocate For Respondent No. 3 :Ms. Priyanka Rai on behalf of Mr. Shashank Thakur, Advocates SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 27.11.2025 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 28/02/2023 passed by learned Additional Motor Accident Claims Tribunal, Dongargarh (C.G.) in Claim Case No. 15/2017, whereby learned Claims Tribunal has awarded a total sum of Rs. 11,91,000/- as compensation to the appellants/claimants for the death of Pushpendra Sahu, aged about 20 years, who was a student. 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. 7,500/- whereas it ought to be Rs. 9,230/- as per the minimum wage notification prevalent on the date of the accident. Moreover, 3 Rs. 15,000/- ought to have been awarded by the Claims Tribunal under of loss of estate and funeral expenses and the Claims Tribunal has awarded Rs. 40,000/- under loss of consortium whereas it ought to have awarded Rs. 80,000/-, therefore, the amount of compensation as awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for respondent No. 3 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. 7,500/-, however, in the opinion of this Court, his monthly income should be Rs. 9,230/- (as per minimum wages prescribed at relevant time) and Rs. 15,000/- should be awarded under loss of estate and Rs. 80,000/- should be awarded under loss of consortium. 6. Thus, in light of the aforesaid discussion, this Court is computing the compensation as stated below:- 4 Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 7,500/- x 12 = Rs. 90,000/- Rs. 9,230/- x 12 = Rs. 1,10,760/- 2. Future Prospect (+) 40% i.e. Rs. 36,000/- = Rs. 1,26,000/- (+) 40% i.e. Rs. 44,304/- = Rs. 1,55,064/- 3. Deduction (-) 1/2 = Rs. 63,000/- (-) 1/2 = Rs. 77,532/- 4. Multiplier (x) 18 = Rs. 11,36,000/- (x) 18 = Rs. 13,95,576/- 5. Loss of Estate NIL Rs. 15,000/- 6. Funeral Expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium Rs. 40,000/- Rs. 80,000/- Total Rs. 11,91,000/- Rs. 15,05,576/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 11,91,000/- awarded by the Claims Tribunal is enhanced to Rs. 15,05,576/-. Hence, the appellants are held entitled for an additional amount of Rs. 3,14,576/-. Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 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. 03/10/ till its realization. Rest of the conditions of the impugned award shall remain intact. 5 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