1 2025:CGHC:60306 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 290 of 2023 1 - Savitri Bai Dhivar W/o Late Shri Sitaram Dhiwar Aged About 35 Years R/o Bhunjiparam Navadih, Thana Sipat, And District Bilaspur (C.G.) 2 - Chatrapal Dhiwar S/o Late Shri Sitaram Dhiwar Aged About 8 Years Minor Through Legal Guardian Mother Savitri Bai Dhiwar W/o Late Shri Sitaram Dhiwar R/o Bhunjipara Navadih Thana Sipat District Bilaspur (C.G.) ... Appellants/Claimants versus 1 - Rajesh Kumar Shrivastava S/o Shri Krishna Kumar Shrivas, Occupation Driver R/o Village Devargaon, Pendraroad, District Gourela Pendra Marvahi (C.G.) (Driver Of The Offending Vehicle Suzuki Echo Car No. Cg 12 As 7303) 2 - Ramayan Prasad Yadav S/o Shri Sahdev Prasad Yadav, R/o Village Sarai Shringar Hardi Bazar Korba Distt. Korba (C.G.) (Owner Of The Offending Vehicle Suzuki Echo Car No. Cg 12 As 7303) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.12.12 11:45:11 +0530 2 3 - The United India Insurance Company Limited Through Branch Manager, Guru Kripa Tower, Byapar Vihar Road Bilaspur Tahsil And District Bilaspur (C.G.) (Insurer Of The Offending Vehicle Suzuki Echo Car No. Cg 12 As 7303) ... Respondent(s) For Appellants : Mr. A.L. Singroul, Advocate For Respondent No. 3 : Mr. Dashrath Gupta, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 11.12.2025 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 09/11/2022 passed by learned 5th Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur (C.G.) in Claim Case No. 389/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 13,29,400/- as compensation to the appellants/claimants for the death of Sitaram Dhiwar, aged about 45 years, unskilled labourer. 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. 8,710/- whereas it 3 ought to be Rs. 9,380/- as per the minimum wages notification prevalent on the date of the accident. Moreover, the Claims Tribunal has granted Rs. 80,000/- under loss of consortium, whereas it ought to have granted Rs. 88,000/-, as such, the compensation amount 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. 8,710/- whereas it ought to be Rs. 9,380/- as per the minimum wages notification prevalent on the date of the accident and the Claims Tribunal has granted Rs. 80,000/- under loss of consortium which should be Rs. 88,000/-. 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 4 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. Income Rs. 8,710/- x 12 = Rs. 1,04,520/- Rs. 9,380/- x 12 = Rs. 1,12,560/- 2. Future Prospect (+) 25% = Rs. 1,30,650/- (+) 25% = Rs. 1,40,700/- 3. Deduction (-) 1/3 = Rs. 87,100/- (-) 1/3 = Rs. 93,800/- 4. Multiplier (x) 14 = Rs. 12,19,400/- (x) 14 = Rs. 13,13,200/- 5. Loss of Estate Rs. 15,000/- Rs. 16,500/- 6. Funeral Expenses Rs. 15,000/- Rs. 16,500/- 7. Loss of Consortium Rs. 40,000/- x 2 = Rs. 80,000/- Rs. 44,000/- x 2 = Rs. 88,000/- Total Rs. 13,29,400/- Rs. 14,34,200/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 13,29,400/- awarded by the Claims Tribunal is enhanced to Rs. 14,34,200/-. Hence, the claimants are held entitled for an additional amount of Rs. 1,04,800/-. 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 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 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. 11/12/2020 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