1 2025:CGHC:54101 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2081 of 2024 1 - Smt. Radhika Rajak Wd/o Late Tejram Rajak Aged About 31 Years R/o Village - Belsari, Ward No. - 15, Police Station - Takhatpur, District - Bilaspur Chhattisgarh 2 - Taran Rajak S/o Late Tejram Rajak Aged About 9 Years Minor Through The Mother (Natural Guardian) Appellant No. 01, Smt. Radhika Rajak Wd/o Late Tejram Rajak, R/o Village - Belsari, Ward No. - 15, Police Station - Takhatpur, District - Bilaspur Chhattisgarh 3 - Tiya Rajak D/o Late Tejram Rajak Aged About 6 Years Minor Through The Mother (Natural Guardian) Appellant No. 01, Smt. Radhika Rajak Wd/o Late Tejram Rajak, R/o Village - Belsari, Ward No. - 15, Police Station - Takhatpur, District - Bilaspur Chhattisgarh 4 - Taniya Rajak D/o Late Tejram Rajak, Aged About - 2.5 Year, Minor Through The Mother (Natural Guardian) Appellant No. 01, Smt. Radhika Rajak Wd/o Late Tejram Rajak, R/o Village - Belsari, Ward No. - 15, Police Station - Takhatpur, District - Bilaspur Chhattisgarh 5 - Shanti Bai Wd/o Late Narhar Rajak Aged About 73 Years R/o Village - Belsari, Ward No. - 15, Police Station - Takhatpur, District - Bilaspur Chhattisgarh ... Petitioner(s) versus 1 - Jai Ratre S/o Kalyan Ratre Aged About 37 Years R/o Om Nagar, Shivnath Marg, Jarhabhatha, Police Station - Civil Line, District Bilaspur Chhattisgarh (Driver Of The Vehicle No. C.G.-28/l-7798) NIRMALA RAO 2 2 - Lingeshwar Kumar S/o Damaru Lal Dansena Aged About 28 Years R/o House No. - 33, Shiv Chowk, Amora, Police Station - Jarhagaon, District Mungeli Chhattisgarh (Owner Of The Vehicle No. C.G.-28/l-7798) 3 - Branch Manager Cholamandalam Ms General Insurance Company Limited, Near Vinayak Netralaya, Vyapar Vihar, Police Station - Civil Line, Tahsil And District Bilaspur Chhattisgarh (Insurer Of The Vehicle No. C.G.-28/l-7798) ... Respondent(s) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- For Appellants : Shri Anand Kesharwani, Advocate. For Respondents No.1 & 2 : None. For Respondent No.3 : None though served. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 06.11.2025 1. The appellants/ claimants have filed this appeal under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 28.8.2024, passed in Claim Case No.937 of 2023 by the learned Fourth Motor Accident Claims Tribunal, Bilaspur, District Bilaspur whereby the learned Tribunal passed an award to the tune of Rs.19,00,896/- and directed the Insurance Company to make payment with interest @ 9% per annum on account of death of Tejram Rajak. 2. Learned counsel for the appellant would submit that on 17.1.2023 at about 6:00 am, the driver of the motorcycle bearing registration No.C.G.28L-7798 by driving rashly and negligently dashed the deceased near Durga Temple, Village Jaroundha. Consequently, the deceased sustained injuries and died during the course of treatment. He would contend that the deceased was employed as a Welder and was earning Rs.25,000/- to Rs.30,000/- per month. He would submit that the learned Tribunal has assessed the monthly income at 3 Rs.8,060/-. He would contend that the learned Tribunal ought to have treated the deceased as a skilled labourer and assessed his monthly income Rs.12,430/- per month admissible to a skilled labourer according to the minimum wages matrix. He would fairly submit that under other heads the learned Tribunal has awarded just and proper compensation. He would pray to enhance the compensation. 3. There is no representation on behalf of the respondents despite service of notice. 4. Heard learned counsel for the appellants at length and perused the documents present on the record with utmost circumspection. 5. The claimants pleaded and established the fact that the deceased was employed as a Welder. The learned Tribunal treated the deceased as an unskilled labourer and assessed his monthly income at Rs.8,060/-, which appears to be erroneous. Since the deceased was a welding mechanic, the learned Tribunal ought to have treated him as a skilled labourer. The minimum wages admissible to a skilled labourer in the month of February, 2023 was Rs.12,430/-. 6. Taking into consideration the above-discussed facts, the compensation requires recomputation and same is revisited herein below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 8,600 x12 = Rs. 96,720/- Rs. 12,430 x 12 = Rs. 1,49,160/- 2. Future Prospect 40% - 38,688/- (96,720 + 38,688 = 1,35,408/-) 40% - 59,664/- (1,49,160 + 59,664 = 2,08,824/-) 3. Deduction (-) 1/4th (33,852/-) (1,35,408 – 33,852 = 1,01,556/- (-) 1/4th (52,206/-) (Rs.2,08,824-52,206) = Rs. 1,56,618/- 4. Multiplier (x) 16 = Rs. (1,01,556 (x) 16 = Rs. (1,56,618 x 4 x 16 = 16,24,896/-) 16 = 25,05,888/-) 5. Loss of Estate Rs. 18,000/- Rs. 18,000/- 6. Funeral expenses Rs. 18,000/- Rs. 18,000/- 7. Loss of Consortium Rs. 2,40,000/- Rs. 2,40,000 TOTAL Rs. 19,00,896/- Rs. 27,81,888/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.19,00,896/- awarded by the Claims Tribunal is enhanced to Rs.27,81,888/-. Hence, after deducting the amount of Rs.19,00,896/-, the appellant/claimant is entitled for an additional amount of Rs.8,80,992/-. The Insurance Company 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 @ 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. 8. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Nimmi