1 2025:CGHC:52256 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 777 of 2023 1 - Tejmati Malakar Wd/o Late Ramprasad Malakar Aged About 46 Years R/o Bajarpara, Gairwani, Police Station- Punjipathra, Tahsil And District Raigarh Chhattisgarh. At Present Near Torwa Pump House Torwa, Police Station- Torwa, Tahsil And District- Bilaspur, Chhattisgarh. 2 - Takeshwar Malakar S/o Late Ramprasad Malakar Aged About 28 Years R/o Bajarpara, Gairwani, Police Station- Punjipathra, Tahsil And District Raigarh Chhattisgarh. At Present Near Torwa Pump House Torwa, Police Station- Torwa, Tahsil And District- Bilaspur, Chhattisgarh 3 - Aniruddha Malakar S/o Late Ramprasad Malakar Aged About 25 Years R/o Bajarpara, Gairwani, Police Station- Punjipathra, Tahsil And District Raigarh Chhattisgarh. At Present Near Torwa Pump House Torwa, Police Station- Torwa, Tahsil And District- Bilaspur, District : Bilaspur, Chhattisgarh ... Appellants/Claimants versus 1 - Ashok Bhoye S/o Gajban Bhoye Aged About 39 Years R/o Village- Kumuni Bahali, Police Station- Padampur District Bargarh (Odisha) ...........Driver Of The Vehicle Bus No. O. D. 17- L.-3108), Orissa HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.10.28 11:00:04 +0530 2 2 - Dolamani Mehar S/o Balmukund Mehar R/o Village Gadbhati Dahigaon Padampur Police Station- Padampur District-Bargarh (Udisha) .........Owner Of The Vehicle Bus No. O. D. 17-L-3108) 3 - Branch Manager Effco Tokyo General Insurance Company Limited Branch Office-Galaxy Height In Front Of Sanjay Apartment, Vyapar Vihar Road, Bilaspur Police Station- Civil Line, Bilaspur, Tahsil And District- Bilaspur ...........(Insurer Of The Vehicle Bus No. O. D. 17-L-3108), Chhattisgarh ... Respondent(s) For Appellants : Mr. Anand Kesharwani, Advocate For Respondent No. 3 : Ms. Vartika Shrivastava on behalf of Mr. P.R. Patankar, Advocates SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 27.10.2025 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 15/11/2022 passed by learned 8th Upper Motor Accident Claims Tribunal, Bilaspur, District Bilaspur (C.G.) in Claim Case No. 245/2020, whereby learned Claims Tribunal has awarded a total sum of Rs. 12,68,000/- as compensation to the appellants/claimants for the death of Ramprasad 3 Malakar, aged about 50 years, who worked as a Peon at Nalwa Steel Power Plant Taraimaal, District Raigarh. 2. Learned counsel for the appellants/claimants would submit that the trial Court has erred in granting less compensation as the monthly income of the deceased has been assessed as Rs. 8,600/- whereas it ought to be Rs. 8,860/- as per the minimum wage notification prevalent on the date of the accident. He would further submit that Rs. 15,000/- each has been awarded under loss of estate and for funeral expenses whereas the Tribunal ought to have granted Rs. 18,000/- each under the said heads and further no compensation has been granted under loss of consortium, therefore, the compensation awarded by the trial Court 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. 4 5. A careful perusal of the record would show that the Claims Tribunal has assessed the monthly income of the deceased to be Rs. 8,600/-, however, in the opinion of this Court, his monthly income should be Rs. 8,860/- (as per minimum wages prescribed at relevant time) and Rs. 18,000/- each ought to have been awarded for loss of estate as well as for funeral expenses. 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. 8,600/- x 12 = Rs. 1,03,200/- Rs. 8,860/- x 12 = Rs. 1,06,320/- 2. Future Prospect (+) 25% i.e. Rs. 25,800/- = Rs. 1,29,000/- (+) 25% i.e. Rs. 26,580/- = Rs. 1,32,900/- 3. Deduction (-) 1/3 = Rs. 86,000/- (-) 1/3 = Rs. 88,600/- 4. Multiplier (x) 13 = Rs. 11,18,000/- (x) 13 = Rs. 11,51,800/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 5. Funeral Expenses Rs. 15,000/- Rs. 18,000/- 6. Loss of Estate Rs. 15,000/- Rs. 18,000/- 7. Loss of Consortium Rs. 1,20,000/- Rs. 1,44,000/- Total Rs. 12,68,000/- Rs.13,31,800/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 12,68,000/- awarded by the Claims Tribunal is enhanced to Rs. 13,31,800/-. Hence, the appellants are held entitled for an additional amount of Rs. 63,800/-. 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 and thereafter, recover it from respondents No. 1 and 2. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 09/01/2020 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