1 2025:CGHC:52185 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1870 of 2019 1. Smt. Amrika Bai Wd/o Late Samlu Satnami Aged About 39 Years R/o Village Jamgaon, Post And Chowki Devkar, Police Station And Tahsil- Saja, District- Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh 2. Umesh S/o Late Samlu Satnami Aged About 19 Years R/o Village Jamgaon, Post And Chowki Devkar, Police Station And Tahsil- Saja, District- Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh 3. Kuldeep S/o. Late Samlu Satnami Aged About 16 Years (Minor Through Natural Guardian Mother Appellant No. 1) R/o Village Jamgaon, Post And Chowki Devkar, Police Station And Tahsil- Saja, District- Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh 4. Kumari Laxmi D/o Late Samlu Satnami Aged About 13 Years ( Minor Through Natural Guardian Mother Appellant No. 1) R/o Village Jamgaon, Post And Chowki Devkar, Police Station And Tahsil- Saja, District- Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh 5. Kumari Priyanka D/o Late Samlu Satnami Aged About 10 Years (Minor Through Natural Guardian Mother Appellant No. 1. ) R/o Village Jamgaon, Post And Chowki Devkar, Police Station And Tahsil- Saja, District- Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh ... Appellant(s) versus 1. Darshan Singh S/o Harvansh Singh Aged About 56 Years R/o Shaddo Majra, Police Station And District- Fatehgarh Punjab, Vehicle Harvester No. P.B. 65 A.H. 5634 (Driver), District : Fatehgarh Sahib *, Punjab 2. Bagga Singh S/o Dharma Singh Aged About 30 Years R/o Basma, P.S. Shambhu, Tahsil And District- S.A.S. Mohali Punjab, Vehicle Harvester No. P.B. 65 A.H. 5634 (Owner) Digitally signed by AJINKYA PANSARE Date: 2025.10.30 14:42:48 +0530 2 3. Manager National Insurance Company, Office Of Mandal Akash Ganga Supela, Bhilai, District-Durg Chhattisgarh, District : Durg, Chhattisgarh 4. Gurudeep Singh S/o Gurunam Singh R/o Village- Kotla Suleman, Post Sahidpura, District- Fatehgarh Saheb Punjab, District : Fatehgarh Sahib *, Punjab ... Respondent(s) For Appellants : Mr. Amit Kumar Sahu, Adv. For Respondents 1,2 and 4 : None, though served For Respondents No.3 : Mr. Abhishek Mishra, Adv. on behalf of Mr. B.N. Nande, Adv. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 27-10-2025 1) This appeal has been preferred by the appellants/ claimants under Section 173 of Motor Vehicle Act, 1988 assailing the award passed by learned Motor Accident Claims Tribunal, Bemetara in Claim Case No. 1/2019 dated 17.3.2020 whereby Claims Tribunal has passed an award to the tune of Rs. 9,52,000/- with interest @ 9% on account of death of Samlu Satnami. 2) Facts of the present case are that on 26.11.2018, at about 7:00 p.m. deceased Samlu Satnami was going on his motorcycle bearing registration No. CG-04-PF-0395. When he reached near Badhai Chowk, Devkar offending vehicle (harvester) bearing registration No. PB-65-AH-5634, which was being driven by respondent No. 1 in rash and negligent manner, dashed Samlu Satnami. In the accident, Samlu Satnami sustained grievous injuries and died. Claimants, who are wife and children of the 3 deceased moved a claim application. Claims Tribunal framed issues ; parties led evidence and Claims Tribunal passed the award. 3) Learned counsel for the appellants submits that Claims Tribunal has assessed the notional income of the deceased to be Rs. 7,000/- per month which is not in consonance with the minimum wage matrix applicable in the State of Chhattisgarh at the relevant time. He further submits that under conventional heads, Claims Tribunal has awarded meager amounts. He contends that Claims Tribunal has only awarded Rs. 40,000/- towards loss of consortium to the wife of the deceased and separate compensation towards loss of consortium has not been awarded in favor of the minor children of the deceased. He prays to modify the award accordingly. 4) On the other hand, learned counsel appearing for the Insurance Company submits that Claims Tribunal has rightly assessed the monthly income of the deceased and awarded appropriate compensation under the conventional heads and there is no scope to interfere with the award. He contends that this appeal deserved to be dismissed. 5) Heard learned counsel for the parties and perused the record with utmost circumspection. 6) Admittedly, Claims Tribunal has assessed the monthly income of the deceased to be Rs. 7,000/- whereas according to the minimum wage matrix applicable in the State of Chhattisgarh, 4 minimum wages payable to an unskilled labourer in November, 2018 was Rs. 8,140/- per month and Claims Tribunal ought to have considered that figure. For loss of consortium, Claims Tribunal has awarded Rs. 40,000/- whereas wife and four minor children of the deceased filed the claim case and Claims Tribunal ought to have awarded loss of consortium in favor of minor children too. The accident occurred in November, 2018, therefore in the opinion of this Court, minor children of the deceased are entitled to receive an additional sum of 20% on loss of consortium i.e. Rs. 1,92,000/- according to the law laid down by the Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi1. 7) However, under other conventional heads Claims Tribunal has awarded Rs. 15,000/- each towards loss of estate and funeral expenses and same does not warrant any interference. 8) Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of Pranay Sethi (supra), 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 Tribunal Compensation awarded by this Court 1. (2017) 16 SCC 680 2. (2009) 6 SCC 121 3. (2008) 18 SCC 130 5 1. Annual Income Rs. 7,000 x 12 = Rs. 84,000/- Rs.8140 x 12 = Rs. 97,680/- 2. Annual Income adding Future Prospect NIL Rs.97,680 +Rs.24,420 = Rs.1,22,100/- (@25%) 3. Annual income after Deduction towards personal expenses Rs.84,000-Rs.21,000= Rs.63,000/- (@1/4) Rs.1,22,100-Rs.30,525= Rs.91,575/- (@1/4) 4. Annual Income after applying Multiplier Rs. 8,82,000/- (@14) Rs. 12,82,050/- (@14) 5. Loss of Estate Rs. 15,000/- Rs. 15,000/- 6. Funeral expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium Rs. 40,000/- Rs. 2,32,000/- (wife+ four children ) TOTAL Rs. 9,52,000/- Rs.15,44,050/- 9) Accordingly, the amount of compensation of Rs.9,52,000/- awarded by the Claims Tribunal is enhanced to Rs.15,44,050/-. Hence, the appellants are entitled for an additional amount of Rs. 5,92,050/-. The Insurance Company is directed to make payment of additional compensation assessed herein-above with interest @ 9% per annum within period of 60 days, failing which, the said amount shall carry an interest @ 18% p.a. 10) Accordingly, the appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a