1 2025:CGHC:52436 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1080 of 2020 1 - Rukhmani Yadav W/o Late Krishna Kumar Yadav, Aged About 31 Years R/o Village Ramayan Chowk Tilda, P.S. And Tehsil Kasdol, District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 2 - Vandana Yadav D/o Late Krishna Kumar Yadav, Aged About 14 Years Minor Through Parent/guardian Mother Rukhmani Yadav, W/o Late Krishna Kumar, R/o Village Ramayan Chowk Tilda, P.S. And Tehsil Kasdol, District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 3 - Trilochan Yadav, S/o Late Krishna Kumar Yadav, Aged About 9 Years Minor Through Parent/guardian Mother Rukhmani Yadav, W/o Late Krishna Kumar, R/o Village Ramayan Chowk Tilda, P.S. And Tehsil Kasdol, District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 4 - Tanuj Kumar, S/o Late Krishna Kumar Yadav, Aged About 5 Years Minor Through Parent/guardian Mother Rukhmani Yadav, W/o Late Krishna Kumar, R/o Village Ramayan Chowk Tilda, P.S. And Tehsil Kasdol, District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 5 - Vijayram Yadav, S/o Malik Ram Yadav, Aged About 68 Years R/o Village Ramayan Chowk Tilda, P.S. And Tehsil Kasdol, District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 6 - Gendbai Yadav, W/o Vijayram Yadav, Aged About 66 Years R/o Village Ramayan Chowk Tilda, P.S. And Tehsil Kasdol, District Balodabazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ... Petitioner(s) NIRMALA RAO 2 versus 1 - Gokula Nanda Raut S/o Govindchand Raut, Aged About 41 Years R/o Rajnagar Chakda, P.S. Athegarh, District Cuttack (Orissa) Driver Of Criminal Vehicle Truck No. Od 05 A M 8737, District : Cuttack, Orissa 2 - Alok Baareek, S/o Kailashchand Baareek, Aged About 38 Years R/o Keupada, Anantpur, P.S. Balikuda, District Jagatsinghpur (Orissa) Owner Of Criminal Vehicle Truck No. Od 05 A M 8737, District : Jagatsinghapur *, Orissa 3 - Chola Mandlam M.S. General Insurance Co. Ltd., 2nd Floor 45/46 Hotel Basera, Ashok Nagar, Janpad Road Bhubaneshwar, District Bhubaneshwar District Bhubaneshwar (Orissa) Through Regional Office- 2nd Floor, Shri Ram Tower, Opposite To Lic Building, Pandri, Raipur, District Raipur Chhattisgarh. Insurer Company Of Criminal Vehicle Truck No. Od 05 A M 8737, District : Raipur, Chhattisgarh ... Respondent(s) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- For Appellants : Shri S.P. Sannat, Advocate holding the brief of Shri Basant Kaiwartya, Advocate. For Respondent No.3 : None though served. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28.10.2025 1. The appellants/ claimants have filed this appeal under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 19.2.2020, passed in Claim Case No.90 of 2019 by the learned Motor Accident Claims Tribunal, Baloda Bazar, District Baloda Bazar Bhatapara whereby the learned Tribunal passed an award to the tune of Rs.12,04,000/- and directed the Insurance Company to make payment with interest @ 9% per annum on account 3 of death of Krishna Kumar. 2. Learned counsel for the appellants would submit that on 16.2.2019, deceased - Krishna Kumar, aged about 36 years was hit by offending truck bearing registration No.OD 05 AM 8737. He would submit that the claimants are wife, minor children and parents of the deceased. He would contend that the learned Tribunal has assessed the notional monthly income of the deceased at Rs.6,000/- per month whereas, the deceased was a skilled labourer working as a brick-maker, therefore, the learned Tribunal ought to have considered the notional income of the deceased according to minimum wages matrix. He would further submit that the learned Tribunal has awarded a meagre amount under other heads and granted compensation for loss of consortium only to the wife of the deceased. He would pray to enhance the compensation. 3. Heard learned counsel for the appellant at length and perused the documents present on record with utmost circumspection. 4. Learned Tribunal while deciding issue No.4, considered the age of the deceased 38 years. The Tribunal assessed the income of the deceased Rs.6,000/- per month treating him as an unskilled labourer. Learned Tribunal has awarded compensation towards future prospects, loss of consortium Rs.40,000/- to wife of the deceased, Rs.15,000/- funeral expenses and Rs.15,000/- for loss of estate. The learned Tribunal has not assessed the notional income of the deceased according to minimum wages matrix. As the deceased was a brick- maker, it would be appropriate to treat him as a semiskilled labourer and the minimum wages admissible to a semiskilled labourer in the 4 month of February, 2019 was Rs.8,790/-. Further, the learned Tribunal has not awarded compensation for loss of consortium to claimants No.2 to 6. Thus, the award requires reconsideration and same is revisited herein below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 6,000 x12 = Rs. 72,000/- Rs. 8,790 x 12 = Rs. 1,05,480/- 2. Future Prospect 40% - 28,800/- (72,000 + 28,800 = 1,00,800/-) 40% - 42,192/- (1,05,480 + 42,192 = 1,47,672/-) 3. Deduction (-) 1/4th (25,200/-) (1,00,800 – 25,200 = 75,600/- (-) 1/4th (36,918/-) (Rs.1,47,672 - 36,918) = Rs. 1,10,754/- 4. Multiplier (x) 15 = Rs. (75,600 x 15 = 11,34,000/-) (x) 15 = Rs. (1,10,754 x 15 = 16,61,310/-) 5. Loss of Estate Rs. 15,000/- Rs. 15,000/- 6. Funeral expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium Rs. 40,000/- Rs. 48,000 x 5 = 2,40,000 + 40,000 = 2,80,000/- (for claimants No.2 to 6) TOTAL Rs. 12,04,000/- Rs. 19,71,310/- 5. In view of the aforesaid analysis, the amount of compensation of Rs.12,04,000/- awarded by the Claims Tribunal is enhanced to Rs.19,71,310/-. Hence, after deducting the amount of Rs.12,04,000/-, the appellants/claimants are entitled for an additional amount of Rs.7,67,310/-. The Insurance Company shall make payment of enhanced amount of compensation within a period of 30 days from today failing which, the enhanced amount shall carry interest @18% per annum from the date of application till its realization. 5 6. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Nimmi