1 2025:CGHC:54877 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 999 of 2023 Shiv Kumar Sakat, S/o. Late Bhekharam Sakat, Aged About 35 Years, R/o. Village Bhondu Nawapara, P.S. Lormi, Tahsil Lormi, District Mungeli, Chhattisgarh ------ Claimant ... Appellant versus 1 - Sanjay Dhuri, S/o. Dauram Dhuri, Aged About 25 Years, Occupation - Driver, R/o. Ward No. 11, Peepal Chowk, Thakatpur, Tahsil Thakatpur, District Bilaspur, Chhattisgarh. -- Driver Of Car Bearing Reg. No. CG- 04HB 9678 -- -- N.A. No. 1 2 - Mukesh Dhuri, S/o. Ghanaram Dhuri, Aged About 32 Years, R/o. Ward No. 11, Peepal Chowk, Thakatpur, Tahsil Thakatpur, District Bilaspur Chhattisgarh. -- Owner Of Car Bearing Reg. No. CG-04HB 9678 -- N.A. No. 2 3 - United India Insurance Company Limited, Through Branch Manager, Branch Office 1st Floor, LIC Building, Magarpara Road, Bilaspur, Tahsil & District Bilaspur, Chhattisgarh. -- Insurer Of Car Bearing Reg. No. CG- 04HB 9678 -- N.A. No. 3 ... Respondents ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.11.12 16:09:07 +0530 2 For Appellant : Mr. A.L.Singroul, Advocate For Respondent No.3 : Mr. Anupam Dubey, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 11.11.2025 1. The appellant/claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 seeking enhancement of the amount of compensation, challenging the impugned award dated 29.04.2023, passed by the learned Tenth Additional Motor Accident Claims Tribunal, Bilaspur, by which the claim application of the claimant has been allowed and an amount of compensation to the tune of Rs.5,27,974/- has been awarded to the claimant for the death of mother of the appellant. 2. Mr. A.L.Singroul, learned counsel for the appellant/claimant would submit that the learned Claims Tribunal has awarded very meager amount for the death of mother of the appellant, as the income of the deceased has not been assessed properly as per the minimum wages. He would further submit that since the deceased was mother of the appellant, therefore, deduction towards personal expenses ought to have been made 1/3 instead of 1/2; therefore, the amount of 3 compensation is not just and proper, which may be enhanced suitably. 3. Mr. Anupam Dubey, learned counsel for the insurance company/ respondent No.3 would support the impugned award and submit that the amount of compensation awarded to the claimant/appellant is just and proper, which does not call for any interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. Learned Claims Tribunal has assessed the monthly income of deceased Aghani Bai to be Rs. 7,710/- 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.8,860/- per month. 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 4 Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 7,710 x 12 = Rs. 92,520/- per annum Rs. 8,860 x 12 = Rs. 1,06,320/- per annum Add future prospects @ 10% Rs. 92,520 + Rs. 9,252 = Rs. 1,01,772/- Rs. 1,06,320 + Rs. 10,632 = Rs. 1,16,952/- Deduction towards personal expenses @ 1/2 – Rs. 1,01,772- 50,886 = Rs. 50,886/- @ 1/3 – Rs. 1,16,952 - 38,984 = Rs. 77,968/- Multiplier of 9 Rs. 50,886 x 9 = Rs. 4,57,974/- Rs. 77,968 x 9 = Rs. 7,01,712/- For Funeral Rs. 15,000/- Rs. 18,000/- Loss of Estate Rs. 15,000/- Rs. 18,000/- Loss of filial consortium Rs. 40,000/- Rs. 44,000/- Total Rs. 5,27,974/- Rs. 7,81,712/- 6. In view of the aforesaid analysis, the amount of compensation of Rs. 5,27,974/- awarded by the Claims Tribunal is enhanced to Rs. 7,81,712/-. Hence, after deducting the amount of Rs. 5,27,974/-, the appellant is entitled for an additional amount of Rs. 2,53,738/-. The concerned respondent is directed to deposit the amount of 5 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. 7. 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