1 2025:CGHC:52653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 702 of 2022 1 - Smt. Prabha Bai Sen W/o Late Satish Sen Aged About 24 Years. 2 - Nageshwar Sen, S/o Late Satish Sen, Aged about 5 years. 3 – Kumari Shakshi D/o Late Satish Sen, Aged about 3 years. 4 – Sukhchand Sen S/o Late Jaggu Sen, Aged about 50 years. 5 – Smt. Chitrekha Sen, W/o Sukhchand Sen, Aged about 45 years. All are R/o Saddu, Police Station Mova, District Raipur, Chhattisgarh. ... Appellants/Claimants versus 1 - Nemchand S/o Mahetru Sahu Aged About 34 Years R/o Village Kirwai (Maveshi Bazar), Police Station Simga, District Baloda Bazar Bahtapara Chhattisgarh. Driver Of Offending Vehicle Harvestor No. Cg-09-Jk-4282 2 - Shatrughan Sahu S/o Sant Ram Sahu Aged About 46 Years R/o Village Shinghora, Police Station Pipariya, District Kabirdham Chhattisgarh. Owner Of Offending Vehicle Harvestor No. Cg – 09-Jk-4282 3 - Ifco Tokeo General Insurance Company Ltd., Through Branch Manager, Branch Office Ring Road No. 1, Raipur, District Raipur HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.10.29 16:54:24 +0530 2 Chhattisgarh. Insurer Of Offending Vehicle Harvestor No. Cg-09- Jk-4282 ... Respondent(s) For Appellants :Mr. Ankush Gupta on behalf of Mr. Pushpendra Kumar Patel, Advocates For Respondents No. 1 & 2 :Mr. Amit Kumar, Advocate For Respondent No. 3 :Ms. Shrejal Gupta on behalf of Mr. Vaibhav Shukla, Advocates SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 29.10.2025 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 14/03/2022 passed by learned 4th Additional Motor Accident Claims Tribunal, Raipur, District Raipur (C.G.) in Claim Case No. 611/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 18,78,600/- as compensation to the appellants/claimants for the death of Satish Sen, Aged about 28 years, who worked as a Rajmistri (skilled labourer). 3 2. Learned counsel for the appellants/claimants would submit that the Claims Tribunal has erred in granting less compensation as the monthly income of the deceased has been assessed as Rs. 8,000/- whereas it ought to be Rs. 9,750/- as per the minimum wage notification prevalent on the date of the accident. He would further submit that Rs. 1,32,000/- has been awarded under loss of consortium whereas Rs. 2,20,000/- ought to have been awarded by the Tribunal, as such, the compensation awarded by the Claims Tribunal, being on the lower side, 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. 8,000/-, however, in the opinion of this Court, his monthly income should be Rs. 9,750/- (as per minimum wages prescribed at relevant time) and 4 Rs. 2,20,000/- ought to have been awarded under loss of consortium. 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 Rs. 8,000/- x 12 = Rs. 96,000/- Rs. 9,750/- x 12 = Rs. 1,17,000/- 2. Future Prospect (+) 40% i.e. Rs. 38,000/- = Rs. 1,34,000/- (+) 40% i.e. Rs. 46,800/- = Rs. 1,63,800/- 3. Deduction (-) 1/4 i.e. Rs. 33,500 = Rs. 1,00,500/- (-) ¼ i.e. Rs. 40,950 = Rs. 1,22,850/- 4. Multiplier (x) 17 = Rs. 17,08,500/- (x) 17 = Rs. 20,88,450/- 5. Funeral Expenses Rs. 16,500/- Rs. 16,500/- 6. Loss of Estate Rs. 16,500/- Rs. 16,500/- 7. Loss of Consortium Rs. 1,32,000/- Rs. 2,20,000/- Total Rs. 18,78,600/- Rs. 23,41,450/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 7. In view of the aforesaid analysis, the amount of compensation of Rs. 18,78,600/- awarded by the Claims Tribunal is enhanced to Rs. 23,41,450/-. Hence, the appellants are held entitled for an additional amount of Rs. 4,62,850/-. 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 @ 7.5% per annum from the date of filing of claim application before the Tribunal i.e. 14/03/2022 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 Harneet