1 2025:CGHC:57772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1183 of 2022 1 - Meena Bai Bandhe W/o Late Hari Kishan @ Hariram Bandhe Aged About 47 Years R/o Village - Singarpur, Thana And Tahsil Bhathapara, District - Balodabazar, Chhattisgarh. (Claimant) 2 - Seema Kumari Bandhe D/o Late Hari Kishan @ Hariram Bandhe Aged About 17 Years Minor Through Legal Guardian Mother Meena Bai Bandhe, R/o Village - Singarpur, Thana And Tahsil Bhathapara, District - Balodabazar, Chhattisgarh. (Claimant) ... Appellants/Claimants versus 1 - Ajeet Choubey S/o Avadh Choubey Aged About 33 Years R/o Ranchi Road Redma, Post And Police Station Daltonganj, Medini Nagar Daltonganj, District - Palamu, Jharkhand. (Driver Of The Offending Vehicle Pickup J.H. No. 14/ D./3096) 2 - Rakesh Kumar Vishwakarma S/o Amardev Vishwakarma Aged About 42 Years R/o - Marhatia, Post - Tildag, Police Station And Tahsil And District - Garhwa Jharkhand. (Owner Of The Offending Vehicle Pickup J.H. No. 14/d./ 3096) 3 - Branch Manager Chola Mandalam M.S. General Insurance Company Limited, Branch Office, Renu Duster, Next To Show Room, Vyapar Vihar Road, Thana - Civil Line - Bilaspur District - HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.28 11:29:55 +0530 2 Bilaspur, Chhattisgarh. (Insurer Of The Offending Vehicle Pickup J.H. No. 14/d./3096) ... Respondent(s) For Appellants : Mr. A.L. Singroul, Advocate For Respondent No. 3 : Mr. Ghanshyam Patel, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 27.11.2025 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 24/12/2021 passed by learned 7th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 201/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 12,66,380/- as compensation to the appellants/claimants for the death of Hari Ram Bandkey, aged about 49 years, who worked as a Mason. 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. 9,126/- whereas it ought to be Rs. 10,030/- as per the minimum wage notification 3 prevalent on the date of the accident. Moreover, Rs. 18,000/- each ought to have been awarded under the heads of loss of estate and funeral expenses and the Claims Tribunal has awarded Rs. 50,000/- under loss of consortium whereas it ought to have awarded Rs. 88,000/-, therefore, the amount of compensation as awarded by the Claims Tribunal 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. 9,126/-, however, in the opinion of this Court, his monthly income should be Rs. 10,030/- (as per minimum wages prescribed at relevant time) and Rs. 18,000/- each should be awarded under the heads of loss of estate and funeral expenses and Rs. 88,000/- should be awarded under loss of consortium. 4 6. Thus, in light of the aforesaid discussion, this Court is computing the compensation as stated below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 9,126/- x 12 = Rs. 1,09,512/- Rs. 10,030/- x 12 = Rs. 1,20,360/- 2. Future Prospect (+) 25% i.e. Rs. 27,378/- = Rs. 1,36,890/- (+) 25% i.e. Rs. 30,090/- = Rs. 1,50,450/- 3. Deduction (-) 1/3 i.e. Rs. 45,630/- = Rs. 91,260/- (-) 1/3 i.e. Rs. 50,150/- = Rs. 1,00,300/- 4. Multiplier (x) 13 = Rs. 11,86,380/- (x) 13 = Rs. 13,03,900/- 5. Loss of Estate Rs. 15,000/- Rs. 18,000/- 6. Funeral Expenses Rs. 15,000/- Rs. 18,000/- 7. Loss of Consortium Rs. 50,000/- Rs. 88,000/- Total Rs. 12,66,380/- Rs. 14,27,900/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 8,76,040/- awarded by the Claims Tribunal is enhanced to Rs. 14,27,900/-. Hence, the appellants are held entitled for an additional amount of Rs. 1,61,520/-. 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 5 carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 07/12/2020 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