Page No.1 of 5 IN MAC-1327-2023 2025:CGHC:56789 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1327 of 2023 [Arising out of award dt. 16.02.2023, passed in Claim Case No.19/2019 (Dhanbai Kashyap and others v. Ranjeet Kumar Kerketta and others) by the 1st Addl. Motor Accident Claims Tribunal, Sakti District Janjgir Champa (CG)] 1 - Dhanbai Kashyap W/o Late Amritlal Kashyap, Aged About 50 Years R/o Village Malda Kala, P.S. Hasaud, Tahsil Jaijaipur District Janjgir Champa Chhattisgarh. 2 - Dileshwar Kashyap D/o Late Amritlal Kashyap, Aged About 25 Years R/o Village Malda Kala, P.S. Hasaud, Tahsil Jaijaipur District Janjgir Champa Chhattisgarh. 3 - Dilip Kumar Kashyap S/o Late Amritlal Kashyap, Aged About 18 Years R/o Village Malda Kala, P.S. Hasaud, Tahsil Jaijaipur District Janjgir Champa Chhattisgarh. 4 - Deepak Kumar Kashyap S/o Late Amritlal Kashyap, Aged About 15 Years Minor Through Nutural Guardian Mother Dhanbai Kashyap, R/o Village Malda Kala, P.S. Hasaud, Tahsil Jaijaipur District Janjgir Champa Chhattisgarh. ... Appellants Versus 1 - Ranjeet Kumar Kerketta S/o Late Ramkumar Kerketta, Aged About 29 Years R/o Village Belkota, P.S. Batauli, Districtd Sarguja Present Address Punjipatra (Near P.S. Raigarh), District Raigarh Chhattisgarh. Driver 2 - Abhinav Service Centre Proprietor Pratap Ekka S/o Charlesa Ekka, Aged About 43 Years R/o Village Punjipatra, Raigarh, District Raigahr Chhattisgarh. Owner 3 - Branch Manager The New India Insurance Co.Ltd., Kevdabadi, Near Bus Stand Raigarh Chhattisgarh. Insurer SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 5 IN MAC-1327-2023 4 - Mukesh S/o Amritlal Kashyap, Aged About 24 Years R/o Village Maldakala, P.S. Hasaud, Tahsil Jaijaipur, District Janjgir Champa Chhattisgarh. 5 - Dilbai D/o Amritlal Kashyap, Aged About 23 Years R/o Village Maldakala, P.S. Hasaud, Tahsil Jaijaipur, District Janjgir Champa Chhattisgarh. 6 - Dileshwari D/o Amritlal Kashyap, Aged About 22 Years R/o Village Maldakala, P.S. Hasaud, Tahsil Jaijaipur, District Janjgir Champa Chhattisgarh. ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Ms. Pooja Yadav, Advocate For Respondent No.3 : Mr. Harshmander Rastogi, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 21.11.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of amount of compensation, challenging the impugned award dt. 16.02.2023, passed in Claim Case No.19/2019 (Dhanbai Kashyap and others v. Ranjeet Kumar Kerketta and others) by the 1st Addl. Motor Accident Claims Tribunal, Sakti District Janjgir Champa (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.7,35,280/- as compensation for the death of Amritlal Kashyap. 2. Learned counsel for the appellants would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. Claims Tribunal erred in assessing income of Page No.3 of 5 IN MAC-1327-2023 deceased as Rs.7,000/- per month which should be Rs.8,140/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Further, the learned Claims Tribunal also erred in awarding Rs.40,000/- only on the head of loss of consortium, whereas it ought to have been Rs.40,000/-x 7 = Rs.2,80,000/-. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondent would submit that the appellants have failed to prove nature of occupation and income of deceased by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 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. Learned Claims Tribunal assessed the monthly income of deceased to be Rs.7,000/-, 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.8,140/- PM (as per minimum wages prescribed at relevant time). Even, the learned Claims Tribunal has Page No.4 of 5 IN MAC-1327-2023 only awarded Rs.40,000/- on the head of loss of consortium, whereas it ought to have been Rs.40,000/-x 7 = Rs.2,80,000/-. Therefore, in the considered opinion of this Court, the amount of compensation awarded by the learned Claims Tribunal is liable to be enhanced. 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.7,000 x 12 = Rs.84,000/- Rs.8,140 x 12 = Rs.97,680/- 2. Future Prospect (+) 10% (i.e. Rs.8,400/-) = Rs.92,400/- (+) 10% (i.e. Rs.9,768/-) = Rs.1,07,448/- 3. Deduction (-) 1/5 (i.e. Rs.18,480/-) = Rs.73,920/- (-) 1/5 (i.e. Rs.21,489/-) = Rs.85,959/- 4. Multiplier (x) 9 = Rs.6,65,280/- (x) 9 = Rs. Rs.7,73,631/- 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.40,000/- x 7 = 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.5 of 5 IN MAC-1327-2023 Rs.2,80,000/- Total Rs.7,35,280/- Rs.10,83,631/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.7,35,280/- awarded by the Claims Tribunal is enhanced to Rs.10,83,631/-. Hence, after deducting the amount of Rs.7,35,280/-, the appellants are held entitled for an additional amount of Rs.3,48,351/-. The concerned respondents are 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 @ 6% per annum from the date 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 allowed in part and the impugned award is modified to the extent as indicated herein-above. sd/- (Sanjay K. Agrawal) Judge s@if