1 2025:CGHC:52428 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 125 of 2022 1 - Mangli Bai Chandra, W/o. Late Neelkanth Chandra, Aged About 38 Years, R/o. Village Malni, P.S. & Tahsil Jaijaipur, District- Janjgir Champa (C.G.) Presently Residing at Champa, P.S. & Tahsil Champa, District- Janjgir Champa (C.G.) 2 - Khileshwari Chandra, D/o. Late Neelkanth Chandra, Aged About 15 Years, Minor, Through- Natural Guardian Mother Mangli Bai Chandra, W/o. Late Neelkanth Chandra, R/o. Village Malni, P.S. & Tahsil Jaijaipur, District- Janjgir Champa (C.G.), Presently Residing at Champa, P.S. & Tahsil Champa, District- Janjgir- Champa (C.G.) 3 - Dileshwari Chandra, D/o Neelkanth Chandra, Aged About 13 Years, Minor, Through- Natural Guardian Mother Mangli Bai Chandra, W/o. Late Neelkanth Chandra, R/o. Village Malni, P.S. & Tahsil Jaijaipur, District- Janjgir Champa (C.G.), Presently Residing at Champa, P.S. & Tahsil Champa, District- Janjgir-Champa (C.G.) 4 - Virendra Kumar Chandra, S/o. Late Neelkanth Chandra, Aged About 9 Years, Minor, Through- Natural Guardian Mother Mangli ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.10.28 16:07:59 +0530 2 Bai Chandra, W/o. Late Neelkanth Chandra, R/o. Village Malni, P.S. & Tahsil Jaijaipur, District- Janjgir Champa (C.G.), Presently Residing at Champa, P.S. & Tahsil Champa, District- Janjgir- Champa (C.G.) 5 - Jawaharlal Chandra, S/o. Late Heeralal Chandra, Aged About 78 Years, R/o. Village Malni, P.S. & Tahsil Jaijaipur, District- Janjgir Champa (C.G.) Presently Residing at Champa, P.S. & Tahsil Champa, District- Janjgir-Champa (C.G.) ... Appellants versus 1 - Sohan Singh, S/o. Balbeer Singh, R/o. Ward No. 14, Sawan Chowk Katua, District- Katua, Jammu & Kashmir…...Owner Of Vehicle Truck No. JK08A-7537 2 - United India Insurance Co. Ltd., 1st Floor, LIC Building, Magar Para Road, Bilaspur, District- Bilaspur (C.G.)….. Insurer Of Vehicle Truck No. JK08A7537 ... Respondent(s) For Appellants : Mr. Hanuman Prasad Agrawal, Advocate For Respondent No.2 : Mr. Abhishek Mishra, Advocate on behalf of Mr. B.N.Nande, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 3 28.10.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/ claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 23.10.2021 passed by learned First Additional Motor Accident Claims Tribunal, Janjgir, in Claim Case No.39/2020, by which the claim application of the claimants has been allowed and an amount of compensation to the tune of Rs. 7,30,400/- has been awarded to the claimants for the death of Neelkanth Chandra, aged about 52 years, at the time of incident. 2. Appellants, who are wife, two daughters, son and father of deceased Neelkanth Chandra filed an application under Section 166 of the Act of 1988 before the Motor Accident Claims Tribunal (for brevity “Claims Tribunal”) seeking compensation to the tune of Rs. 46,47,500/- pleading therein that on the date of accident, deceased Neelkanth Chandra was aged about 52 years was sole bread earner of the family and on account of his untimely death in the accident, the appellants have suffered economical and psychological difficulties. 4 3. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that deceased Neelkanth Chandra died in the accident arising out of rash & negligent driving of the offending vehicle driven by Balbeer Singh (dead & deleted), owned by respondent No.1 and insured by respondent No.2. Breach of conditions of insurance policy was not found to be proved and after calculating the amount of compensation, the learned Claims Tribunal awarded Rs. 7,30,400/- as total compensation with interest @ 9% per annum from the date of filing of claim application. 4. Mr. Hanuman Prasad Agrawal, learned counsel for the appellants, would submit that the learned Claims Tribunal has awarded very meager amount, as the Claims Tribunal erred in assessing income of deceased as Rs.6,000/- per month, which should be Rs. 9,250/- per month as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal may be enhanced suitably. 5. Mr. Abhishek Mishra, learned counsel appearing for the insurance company/ respondent No.2 would submit that the 5 appellants have failed to prove the exact income of deceased by producing clinching and admissible piece of evidence, hence, the learned Claims Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the learned Claims Tribunal is just and proper, which does not call for any interference. 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 7. Learned Claims Tribunal has assessed the monthly income of deceased Neelkanth Chandra to be Rs. 6,000/- per month, 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 Rs.9,250/- per month. 8. 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 @ 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 6 Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 6000 x 12 = Rs. 72,000/- Rs. 9,250 x 12 = Rs. 1,11,000/- Add future prospects @ 10% Rs. 72,000 + Rs. 7200 = Rs. 79,200/- Rs. 1,11,000 + Rs. 11,100 = Rs. 1,22,100/- Deduction of 1/4 towards personal expenses Rs. 79,200 – 19,800/- = Rs.59,400/- Rs. 1,22,100 – 30,525 = Rs. 91,575/- Multiplier of 11 Rs. 59,400 x 11 = Rs. 6,53,400/- Rs. 91,575 x 11 = Rs. 10,07,325/- For loss of spousal consortium - Rs. 44,000/- For loss of parental consortium - Rs. 44,000 x 3 = Rs. 1,32,000/- For filial consortium - Rs. 44,000/- For Estate - Rs. 16,500/- For funeral and other heads Rs. 77,000/- Rs. 16,500/- Total Rs. 7,30,400/- Rs. 12,60,325/- 9. In view of the aforesaid analysis, the amount of compensation of Rs. 7,30,400/- awarded by the Claims Tribunal is enhanced to Rs. 12,60,325/-. Hence, after 3 (2018) 18 SCC 130 7 deducting the amount of Rs. 7,30,400/-, the appellants are entitled for an additional amount of Rs. 5,29,925/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 10. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok