1 2025:CGHC:53021 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 516 of 2023 1 - Pardeshi Lal Ratre S/o Late Bishahu Aged About 53 Years R/o Ward No. 18, Canal- Para Sipat, Thana Sipat, District Bilaspur, Chhattisgarh. 2 - Smt. Prakash Bai W/o Pardeshi Lal Ratre Aged About 53 Years R/o Ward No. 18, Canal- Para Sipat, Thana Sipat, District : Bilaspur, Chhattisgarh 3 - Ku. Babita Ratre D/o Pardeshi Lal Ratre Aged About 19 Years R/o Ward No. 18, Canal- Para Sipat, Thana Sipat, District : Bilaspur, Chhattisgarh 4 - Ranjita Ratre D/o Pardeshi Lal Ratre Aged About 15 Years Minor Through Legal Guardian Father Pardeshi Lal Ratre Appellant No. 1. R/o Ward No. 18, Canal- Para Sipat, Thana Sipat, District : Bilaspur, Chhattisgarh ... Appellants/Claimants versus HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.10.31 10:40:38 +0530 2 1 - Rajkumar Anant S/o Gangaram R/o Hindadiha, Post- Gudi Thana, Masturi, District Bilaspur, Chhattisgarh. 2 - S. K. Enterprises Pro. Sunil Kumar Agrawal Near- Hondai Show Room Main Road Korba, District : Korba, Chhattisgarh. 3 - The Oriental India Insurance Company Limited Through Branch, Branch Office 1st Floor Rama Trade Center, In Front Of Rajeev Plaza Old Bus Stand Bilaspur Tahsil And District- Bilaspur. ... Respondent(s) For Appellants : Mr. A.L. Singroul, Advocate For Respondent No. 3 : Mr. Pankaj Agrawal and Mrs. Swati Agrawal, Advocates SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 30.10.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of amount of compensation, challenging the impugned award dated 18/10/2022 passed by learned 8th Upper Motor Accident Claims Tribunal, Bilaspur, District Bilaspur (C.G.) in Claim Case No. 614/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 15,44,752/- as compensation to 3 the appellants/claimants for the death of Lovkesh Kumar, aged about 24 years, who worked as an Electrician. 2. Learned counsel for the appellants/claimants would submit that the Claims Tribunal has erred in granting less compensation as the monthly income of the deceased has been assessed as Rs. 8,960/- whereas it ought to be Rs. 9,610/- as per the minimum wage notification prevalent on the date of the accident for a semi skilled labourer, as such, the compensation awarded by the Claims Tribunal, being on the lower side, may suitably be enhanced. 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation awarded by learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. A careful perusal of the record would show that the Claims Tribunal has assessed the monthly income of the deceased to be Rs. 8,960/- categorizing him as an unskilled labourer, however, in the opinion of this Court, his monthly income should be Rs. 9,160/- (as per 4 minimum wages prescribed at relevant time) as a semi skilled labourer. 6. 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:- Sr. No . Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 8,960/- x 12 = Rs. 1,07,520/- Rs. 9,610/- x 12 = Rs. 1,15,320/- 2. Future Prospect (+) 40% i.e. Rs. 43,008/- = Rs. 1,50,528/- (+) 40% i.e. Rs. 46,128/- = Rs. 1,61,448/- 3. Deduction (-) ½ = Rs. 75,264/- (-) ½ = Rs. 80,744/- 4. Multiplier (x) 18 = Rs. 13,54,752/- (x) 18 = Rs. 14,53,392/- 5. Funeral Expenses Rs. 15,000/- Rs. 16,500/- 6. Loss of Estate Rs. 15,000/- Rs. 16,500/- 7. Loss of Parental Consortium Rs. 40,000/- x 2 = Rs. 80,000/- Rs. 44,000/- x 2 = Rs. 88,000/- 8. Loss of Filial Consortium Rs. 40,000/- x 2 = Rs. 80,000/- Rs. 44,000/- x 2 = Rs. 88,000/- Total Rs. 15,44,752/- Rs. 16,62,392/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 7. In view of the aforesaid analysis, the amount of compensation of Rs. 15,44,752/- awarded by the Claims Tribunal is enhanced to Rs. 16,62,392/-. Hence, the appellants are held entitled for an additional amount of Rs. 1,17,640/-. Respondent No. 3 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 @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 09/12/2020 till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet