1 2025:CGHC:55454 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 808 of 2022 1 - Smt. Kesar Bai Kiran W/o Late Budhram Kiran Aged About 35 Years R/o Village Pisaud, P.S. And Tahsil Janjgir District Janjgir Champa, Chhattisgarh 2 - Pratima Kiran D/o Late Budhram Kiran Aged About 14 Years Minor Through Natural Guardian Mother Kesar Bai Kiran, W/o Late Budhram Kiran R/o Village Pisaud, P.S. And Tahsil Janjgir District Janjgir Champa 3 - Anshu Kiran S/o Late Budhram Kiran Aged About 12 Years Minor Through Natural Guardian Mother Kesar Bai Kiran, W/o Late Budhram Kiran R/o Village Pisaud, P.S. And Tahsil Janjgir District Janjgir Champa, Chhattisgarh 4 - Aakansha Kiran D/o Late Budhram Kiran Aged About 10 Years Minor Through Natural Guardian Mother Kesar Bai Kiran, W/o Late Budhram Kiran R/o Village Pisaud, P.S. And Tahsil Janjgir District Janjgir Champa, Chhattisgarh 5 - Ankit Kiran S/o Late Budhram Kiran Aged About 5 Years Minor Through Natural Guardian Mother Kesar Bai Kiran, W/o HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.14 14:09:00 +0530 2 Late Budhram Kiran R/o Village Pisaud, P.S. And Tahsil Janjgir District Janjgir Champa, Chhattisgarh 6 - Gullu Ram Kiran S/o Firturam Kiran Aged About 60 Years R/o Village Pisaud, P.S. And Tahsil Janjgir District Janjgir Champa, Chhattisgarh 7 - Geeta Bai Kiran W/o Gullu Ram Kiran Aged About 55 Years R/o Village Pisaud, P.S. And Tahsil Janjgir District Janjgir Champa, Chhattisgarh ... Appellants/Claimants versus 1 - Gurudayal Yadav S/o D.P. Yadav, Aged About 47 Years R/o Old Basti Korba, District Korba (Chhattisgarh) --Driver Of Car No. Cg-12ba-1018-- 2 - Ranjan Pandey S/o Lallan Pandey R/o Present Address H.N. 328/2 Old Kashi Nagar Budhwari Bazar Ward No. 21 Korba, District Korba (C.G.) -- Owner Of Car No. Cg-12ba-1018-- 3 - I.C.I.C.I. Lombard Gen. Ins. Co. Ltd., Vanijya Bhawan Devendra Nagar Road Raipur District Raipur (C.G.) --Insurer Of Car No. Cg-12ba-1018-- ... Respondent(s) For Appellants : Mr. H.P. Agrawal, Advocate For Respondent No. 3 : Mr. Shobhit Mishra, Advcoate 3 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 13.11.2025 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 01/04/2022 passed by learned 1st Additional Motor Accident Claims Tribunal, Janjgir, District Janjgir Champa (C.G.) in Claim Case No. 50/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 21,47,480/- as compensation to the appellants/claimants for the death of Budhram, aged about 39 years, who worked as a Mason. 2. Learned counsel for the appellants/claimants would submit that the Claims Tribunal has erred in assessing the monthly income of the deceased as Rs. 6,000/- whereas it ought to be Rs. 8,960/- as per the minimum wages notification prevalent on the date of the accident. Moreover, the Claims Tribunal has collectively granted Rs. 77,000/- for other conventional heads including loss of estate, funeral expenses and loss of consortium, however, Rs. 16,500/- each ought to have been granted for loss of estate and funeral expenses and Rs. 44,000/- x 6 = Rs. 2,64,000/- ought to have been granted under loss of 4 consortium, therefore, the amount of compensation 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 as Rs. 6,000/- whereas it ought to be Rs. 8,960/- as per the minimum wages notification prevelant on the date of the accident and the Claims Tribunal has collectively granted Rs. 77,000/- for other conventional heads including loss of estate, funeral expenses and loss of consortium, however, Rs. 16,500/- each ought to have been granted for loss of estate and funeral expenses and Rs. 44,000/- x 6 = Rs. 2,64,000/- ought to have been granted under loss of consortium. 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 5 Sethi1, 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. Monthly Income Rs. 6,000/- Rs. 8,960/- 2. Future Prospect (+) 40% i.e. Rs. 2,400/- = Rs. 8,400/- (+) 40% i.e. Rs. 3584/- = Rs. 12,544/- 3. Deduction (-) 1/5 i.e. Rs. 1,680/- = Rs. 6,720/- (-) 1/5 i.e. Rs. 2,508/- = Rs. 10,036/- 4. Annual Income Rs. 6,720/- x 12 = Rs. 80,640/- Rs. 10,036/- x 12 = Rs. 1,20,432/- 5. Multiplier (x) 15 = Rs. 12,09,600/- (x) 15 = Rs. 18,06,480/- 5. Loss of Estate Rs. 77,000/- Rs. 16,500/- 6. Funeral Expenses Rs. 16,500/- 7. Loss of Consortium Rs. 44,000/- x 6 = Rs. 2,64,000/- Total Rs. 12,86,600/- Rs.21,47,480/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 12,86,600/- awarded by the Claims Tribunal is enhanced to Rs. 21,47,480/-. Hence, the claimants are held entitled for an additional amount of Rs. 8,60,880/-. Respondent No. 3 is directed to deposit 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 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 i.e. 09/06/2021 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