(MAC No.194/2023) 2025:CGHC:52488 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 194 of 2023 1. Ku. Meena, D/o Ashok Kumar Verma, Aged about 20 years 2. Ku. Simran Verma, D/o Ashok Kumar Verma, Aged about 19 years 3. Ku. Aishwariya Verma, D/o Ashok Kumar Verma, Aged about 17 years 4. Ku. Rajwanti Verma, D/o Ashok Kumar Verma, Aged about 16 years 5. Mahendra Singh Verma, S/o Ashok Kumar Verma, Aged about 11 years Appellant No.3 to 5 are minor through elder sister Ku. Meena, D/o Ashok Kumar Verma, All R/o 45, Ward No.30, Zone 02, Gayatri Nagar, Sector-11, Khursipar, Bhilai, District Durg (C.G.) (Claimants) ... Appellants versus 1. Mohd. Afzal @ Ballu, S/o Mohd. Suleman, Aged about 34 years, R/o Village Camp 1, Adarsh Nagar, Near Hanuman Mandir, Chhawni, P.S. Chhawni, District Durg (C.G.) --Driver-- 2. Neeraj Kumar, S/o C. Sahu, Aged about 48 years, R/o L.I.G. 783, Kohka Housing Board Colony, Kohka, Supela, Bhilai, District Durg (C.G.) --Owner-- 3. United India Insurance Co. Ltd., Through Branch Manager, Station Road, Paras Complex, Near Gurudwara, Durg, Tahsil & District Durg (C.G.) --Insurer-- (Non-applicants) ... Respondents For Appellants : Mr. Utsav Mahiswar, Advocate. For Respondent No.3 : Mr. Prasanjit Dutta, Advocate on behalf of Mr. Sudhir Kumar Agrawal, Advocate. SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.10.29 17:57:21 +0530 (MAC No.194/2023) Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 28/10/2025 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 16-11-2022 passed by the 2nd Additional Motor Accident Claims Tribunal, Durg in Motor Accident Claim Case No.253/2020, whereby the learned Claims Tribunal has awarded a total sum of ₹ 15,45,000/- along with interest @ 9% per annum as compensation for the death of Radhika Bai Verma, who was mother of the appellants herein / claimants. 2. Mr. Utsav Mahiswar, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the learned Claims Tribunal has wrongly taken monthly income of the deceased as ₹ 8,000/-, it ought to have been taken as ₹ 8,860/- on the basis of notification issued by the Department of Labour under the Minimum Wages Act in the year 2021, therefore, the amount of compensation be enhanced suitably. 3. Mr. Prasanjit Dutta, learned counsel appearing for respondent No.3/Insurance Company, would support the impugned award and oppose the appeal. Page 3 of 4 (MAC No.194/2023) 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. 5. The learned Claims Tribunal has assessed the monthly income of deceased Radhika Bai Verma to be ₹ 8,000/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the Department of Labour, Chhattisgarh, the monthly income of the deceased should be ₹ 8,860/- (as per minimum wages prescribed at relevant time) and ₹ 1,06,320/- per annum. 6. Thus, considering the evidence available on record, 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 ₹ 8,000 x 12 = ₹ 96,000/- ₹ 8,860 x 12 = ₹ 1,06,320/- 2. Future Prospect (+) 40% i.e. ₹ 38,400; total income = ₹ 96,000 + 38,400 = ₹ 1,34,400/- (+) 40% i.e. ₹ 42,528; total income = ₹ 1,06,320 + 42,528 = ₹ 1,48,848/- 3. Deduction (-) ¼ = ₹ 33,600/- ₹ 1,34,400 – 33,600 = ₹ (-) ¼ = ₹ 37,212/- ₹ 1,48,848 – 37,212 = ₹ 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.194/2023) 1,00,800/- (total income) 1,11,636/- (total income) 4. Multiplier (x) 15 = ₹ 15,12,000/- (x) 15 = ₹ 16,74,540/- 5. Loss of Estate ₹ 16,500/- ₹ 16,500/- 6. Funeral Expenses ₹ 16,500/- ₹ 16,500/- 7. Loss of Consortium NIL ₹ 44,000 x 5 = ₹ 2,20,000/- Total ₹ 15,45,000/- ₹ 19,27,540/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 15,45,000/- awarded by the Claims Tribunal is enhanced to ₹ 19,27,540/-. Hence, after deducting the amount of ₹ 15,45,000/-, the appellants are held entitled for an additional amount of ₹ 3,82,540/-. 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 @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 10-12-2020 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