1 2025:CGHC:54155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 258 of 2023 1 - Smt. Khemin Bai Sahu W/o Late Shatruhan Sahu Aged About 50 Years R/o Village Sankra, Tahsil And District Dhamtari (C.G.) 2 - Lochan Kumar Sahu S/o Late Shatruhan Sahu Aged About 30 Years R/o Vilalge Sankra, Tahsil And District Dhamtari (C.G.) ... Appellants/Claimants versus 1 - Hemant Kumar Sahu S/o Dukalu Ram Sahu Aged About 27 Years R/o Village Shivnikala, Tahsil Kurud, District Dhamtari (C.G.) (Driver Of The Offending Vehicle No. Cg 04 Lt 8039) 2 - Mahesh Sahu S/o Mahettar Sahu Aged About 40 Years R/o Village Nari, Tahsil Kurud, District Dhamtari (C.G.) (Owner Of The Offending Vehicle No. Cg 04 Lt 8039) 3 - Manager Ifco Tokiyo, General Insurance Company Limited, Shop No. 205, 2nd Floor, M.M. Silver Plaza, Near Mining Officer, HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.07 11:25:49 +0530 2 Mahaveer Nagar, Ring Road, No. 1, Raipur, District Raipur (C.G.) (Insurer Of The Offending Vehicle No. Cg 04 Lt 8039) ... Respondent(s) For Appellants : Mr. Uday Kaushik on behalf of Mr. Pushpendra Kumar Patel, Advocate For Respondent No. 3 : Ms. Shrejal Gupta on behalf of Mr. Vaibhav Shukla, Advocates SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 06.11.2025 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 22/11/2022 passed by learned Motor Accident Claims Tribunal, Dhamtari in Claim Case No. 17/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 5,66,500/- as compensation to the appellants/claimants for the death of Shatrudhan Sahu, aged about 60 years, who worked as a Mason. 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 3 been assessed as Rs. 7,500/- whereas it ought to be Rs. 8,060/- as per the minimum wage notification prevalent on the date of the accident and moreover, the Claims Tribunal has also erred in making ½ deduction towards personal expenses of the deceased whereas it ought to be 1/3, 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. 7,500/-, however, in the opinion of this Court, his monthly income should be Rs. 8,060/- (as per minimum wages prescribed at relevant time) and moreover, the deduction towards personal expenses of the deceased should be 1/3rd and not ½ as deducted by the Claims Tribunal. 4 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. 7,500/- x 12 = Rs. 90,000/- Rs. 8,060/- x 12 = Rs. 96,720/- 2. Future Prospect (+) 10% i.e. Rs. 9,000/- = Rs. 99,000/- (+) 10% i.e. Rs. 9,672/- = Rs. 1,06,392/- 3. Deduction (-) 1/2 i.e. Rs. 49,500/- = Rs. 49,500/- (-) 1/3 i.e. Rs. 35,464/- = Rs. 70,928/- 4. Multiplier (x) 9 = Rs. 4,45,000/- (x) 9 = Rs. 6,38,352/- 5. Funeral Expenses Rs. 16,500/- Rs. 16,500/- 6. Loss of Estate Rs. 16,500/- Rs. 16,500/- 7. Loss of Consortium Rs. 44,000/- x 2 = Rs. 88,000/- Rs. 44,000/- x 2 = Rs. 88,000/- Total Rs. 5,66,500/- Rs. 7,59,352/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 5,66,500/- awarded by the Claims 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 Tribunal is enhanced to Rs. 7,59,352/-. Hence, the appellants are held entitled for an additional amount of Rs. 1,92,852/-. Respondent No. 3 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 @ 7% per annum from the date of filing of claim application before the Tribunal i.e. 21/01/2021 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