1 2025:CGHC:55644 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 692 of 2022 1 - Gopal Patel, S/o. Late Mathura Prasad, Aged About 48 Years, R/o, Koni, Ward No. 01, Thana Koni, Tahsil And District Bilaspur Chhattisgarh. 2 - Rampratap Patel, S/o. Gopal Patel, Aged About 28 Years, R/o. Koni, Ward No. 01, Thana Koni, Tahsil And District Bilaspur Chhattisgarh. 3 - Ramlal Patel, S/o Gopal Patel, Aged About 26 Years, R/o. Koni, Ward No. 01, Thana Koni, Tahsil And District Bilaspur, Chhattisgarh. 4 - Shayamlal Patel, S/o. Gopal Patel, Aged About 24 Years, R/o. Koni, Ward No. 01, Thana Koni, Tahsil And District Bilaspur Chhattisgarh. ... Appellants versus 1 - Tabrez Khan, S/o. Munir Khan, Aged About 46 Years, R/o. Sikandra Bahria, Allahabad (U.P.) Present Residence Babupara , ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.11.17 10:56:42 +0530 2 Beside Of Shivam Transport, Ambikapur, Thana Ambikapur, District Sarguja Chhattisgarh. (Driver) 2 - Shivam Construction Company, Pro. Smt. Yamuna Singh, W/o. Late Satyanarayan, Aged About 75 Years, Resident Shivam Construction Company Babupara Ambikapur, Thana Ambikapur District Surguja Chhattisgarh. (Owner) 3 - Branch Manager, United India Insurance Company Limited, Branch Office Gurukripa Tower, 2nd Floor, Vyapar Vihar Road, In Front Of Amber Automobiles, Thana Civil Line Bilaspur, District Bilaspur Chhattisgarh. (Insurer) ... Respondents For Appellants : Mr. A.L.Singroul, Advocate For Respondent No.1 & 2 : Mr. S.D.Singh & Mr. Anand Kesharwani, Advocates For Respondent No.3 : Mr. Abhishek Mishra, Advocate on behalf of Mr. B.N.Nande, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 14.11.2025 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 31.03.2022 passed by learned Motor 3 Accident Claims Tribunal, Bilaspur, Claim Case No.1076/ 2019, by which the claim application of the claimants has been allowed and an amount of compensation to the tune of Rs. 11,95,800/- has been awarded to the claimants for the death of Meena Bai, aged about 46 years at the time of accident. 2. Appellants who are husband and three sons of deceased Meena Bai 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. 35,00,000/- pleading therein that on the date of accident, deceased Meena Bai, aged about 46 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. 3. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that deceased Meena Bai died in the accident arising out of rash & negligent driving of the offending vehicle driven by respondent No.1, owned by respondent No.2 and insured by respondent No.3. Breach of conditions of insurance policy was not found to be proved and after calculating the amount 4 of compensation, the learned Claims Tribunal awarded Rs. 11,95,800/- as total compensation along-with interest @ 9% per annum from the date of filing of claim application. 4. Mr. A.L.Singroul, learned counsel for the appellants, would submit that the deceased was ladies tailor and the learned Claims Tribunal has awarded very meager amount while assessing income of deceased as Rs.8,660/- per month, which should be Rs. 9,310/- per month, as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh, as the deceased was semi-skilled labour. 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 respondent No.3/ insurance company would submit that the 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. 5 6. Mr. S.D.Singh & Mr. Anand Kesharwani, learned counsels appearing for the respondents No.1 & 2 would support the impugned award. 7. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 8. Learned Claims Tribunal has assessed the monthly income of deceased Meena Bai to be Rs. 8,660/- per month, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for the semi-skilled labour, the monthly income of the deceased should be Rs. 9,310/- per month, which comes to Rs.1,11,720/- per annum. 9. 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:- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 8,660 x 12 = Rs. 1,03,920/- Rs. 9,310 x 12 = Rs. 1,11,720/- Add future prospects @ 25% Rs. 1,03,920 + Rs. 25,980 = Rs. 1,29,900/- Rs. 1,11,720 + Rs. 27,930 = Rs. 1,39,650/- Deduction of 1/3 towards personal expenses Rs. 1,29,900 – 43,300 = 86,600/- Rs. 1,39,650 – 46,550 = Rs. 93,100/- Multiplier of 13 Rs. 86,600 x 13 = Rs. 11,25,800/- Rs. 93,100 x 13 = Rs. 12,10,300/- Loss of spousal consortium Rs. 40,000/- Rs. 48,000/- x 4 = Rs.1,92,000/- (spousal consortium to husband & filial consortium to three sons) Funeral expenses Rs. 15,000/- Rs. 18,000/- Loss of Estate Rs. 15,000/- Rs. 18,000/- Total Rs. 11,95,800/- Rs. 14,38,300/- 10. In view of the aforesaid analysis, the amount of compensation of Rs. 11,95,800/- awarded by the Claims Tribunal is enhanced to Rs. 14,38,300/-. Hence, after deducting the amount of Rs. 11,95,800/-, the appellants are entitled for an additional amount of Rs. 2,42,500/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 7 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. 11. 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