1 2025:CGHC:60618 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 569 of 2023 1 - Dropati Bai Manikpuri, W/o. Late Janak Das Manikpuri, Aged About 51 Years, R/o. Village Samnapur, Thana And Tahsil Kawardha, District Kabirdham, Chhattisgarh 2 - Madhu Manikpuri, S/o. Late Janak Das Manikpuri, Aged About 30 Years, R/o. Village Samnapur, Thana And Tahsil Kawardha, District Kabirdham, Chhattisgarh 3 - Roshan Das Manikpuri, S/o. Late Janak Das Manikpuri, Aged About 24 Years, R/o. Village Samnapur, Thana And Tahsil Kawardha, District Kabirdham, Chhattisgarh ... Appellants versus 1 - Hariom Baghel, S/o. Deewan Singh Baghel, R/o. Village Raybha, Post Achhanera, Thana Kotwali, Agra (Uttar Pradesh). (Driver Of The Offending Vehicle Truck No. R.J. 11/G.A./8685) 2 - Mohan Singh, S/o. Motiram, R/o. House No. 88, Nagla Imli Kakuwa Agra (Uttar Pradesh) (Owner Of The Offending Vehicle Truck No. R/J.11/G.A./ 8685) ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.12.12 17:11:27 +0530 2 3 - The New India Insurance Company Limited, Through Manager, Office 3rd Floor, Old Bus Stand Bilaspur, Thana City Kotwali, Tahsil And District Bilaspur, Chhattisgarh (Insurer Of The Offending Vehicle Truck No. R.J.11/G.A./8685) ... Respondents For Appellants : Mr. A.L.Singroul, Advocate For Respondent No.3 : Mr. Qamrul Aziz, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 12.12.2025 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 23.01.2023 passed by learned 6th Additional Motor Accident Claims Tribunal, Bilaspur, in Claim Case No.22/2022, by which the claim application of the claimants has been allowed and an amount of Rs. 12,71,480/- has been awarded as compensation to the claimants for the death of Sandeep Das Manikpuri, aged about 22 years, at the time of incident. 2. Appellants, who are mother, sister & brother of deceased Sandeep Das Manikpuri filed an application under Section 166 of the Act of 1988 before the Motor Accident Claims Tribunal (for brevity 3 “Claims Tribunal”) seeking compensation to the tune of Rs. 28,18,000/- pleading therein that on the date of accident, deceased Sandeep Das Manikpuri, aged about 22 years, working as Electrician, was a 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 Sandeep Das Manikpuri died in the accident arising out of rash & negligent driving of the offending vehicle driven by the respondent No.1, owned by the respondent No.2 and insured by the respondent No.3. Breach of conditions of insurance policy was not found to be proved and after calculating the amount of compensation, the learned Claims Tribunal awarded Rs. 12,71,480/- as total compensation with interest @ 7% per annum from the date of filing of claim application. 4. Mr. A.L.Singroul, learned counsel for the appellants, would submit that the learned Claims Tribunal has awarded very meager amount, as the Claims Tribunal erred in assessing the income of deceased as Rs.7,900/- per month, which should be Rs. 9,280/- per month, as per the Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Therefore, the 4 instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal be enhanced suitably. 5. Mr. Qamrul Aziz, learned counsel for the insurance company/ respondent No.3 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. 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 7. Learned Claims Tribunal has assessed the monthly income of deceased Sandeep Das Manikpuri to be Rs.7,900/- 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.9,280/- per month, which comes to Rs. 1,11,360/- per annum. 8. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of 5 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:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 7,900 x 12 = Rs. 94,800/- Rs. 9,280 x 12 = Rs. 1,11,360/- Add future prospects @ 40% Rs. 94,800 + Rs. 37,920 = Rs. 1,32,720/- Rs. 1,11,360 + Rs. 44,544 = Rs. 1,55,904/- Deduction of 1/2 towards personal expenses Rs. 66,360/- Rs. 77,952/- Multiplier of 18 Rs. 66,360 x 18 = Rs. 11,94,480/- Rs. 77,952 x 18 = Rs. 14,03,136/- Loss of parental consortium Rs. 44,000/- Rs. 44,000/- Loss of filial consortium Nil Rs.44,000/- Loss of Estate Rs. 16,500/- Rs. 16,500/- Funeral Expenses Rs. 16,500/- Rs. 16,500/- Total Rs. 12,71,480/- Rs. 15,24,136/- 9. In view of the aforesaid analysis, the amount of compensation of Rs. 12,71,480/- awarded by the Claims Tribunal is enhanced to Rs. 15,24,136/-. Hence, after deducting the amount of Rs. 12,71,480/-, 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 the appellants are entitled for an additional amount of Rs. 2,52,656/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 7% 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. 10. 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