Page No.1 of 4 IN MAC-526-2023 2025:CGHC:56793 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 526 of 2023 [Arising out of award dt. 2311.2022, passed in Claim Case No.280 of 2021 ( Smt. Mamta Nag and others v. Nitin Kumar Vahine and others) by the 1st Addl. Motor Accident Claims Tribunal, Bastar at Jagdalpur (CG)] 1 - Smt. Mamta Nag Wd/o Late Sujit Nag Aged About 20 Years Present Address R/o Gandhi Nagar Ward, Jagdalpur, P.S. Bodhghat, District Bastar, Chhattigarh. 2 - Vanshraj Nag S/o Late Sujit Nag Aged About 2 Years Minor Through Appellant No. 1 Smt. Mamta Nag (Mother) Present Address R/o Gandhi Nagar Ward, Jagdalpur, P.S. Bodhghat, District Bastar, Chhattigarh. 3 - Gudiya Nag D/o Late Sujit Nag Aged About 1 Years Minor Through Appellant No. 1 Smt. Mamta Nag (Mother) Present Address R/o Gandhi Nagar Ward, Jagdalpur, P.S. Bodhghat, District Bastar, Chhattigarh. 4 - Chalik Ram Nag S/o Shri Bhairaam Nag Aged About 52 Years Permanent Address Village Kalambhata Para, Barsoor, P.S. Barsoor, District South Bastar, Chhattisgarh. 5 - Smt. Surajbati Nag W/o Chalik Ram Nag Aged About 50 Years Permanent Address Village Kalambhata Para, Barsoor, P.S. Barsoor, District South Bastar, Chhattisgarh. ... Appellants Versus 1 - Nitin Kumar Vahine S/o Late Lakhanrao Vahine Aged About 42 Years R/o Typed 4-80, Bade Bacheli, P.S. Bacheli, District Dantewada, Chhattisgarh. ...................(Driver) 2 - Virendra Kumar Nag S/o Shri Anupdhar Nag Aged About 38 Years R/o Type 3/d 5/76, Ward No. 11, Near N.M.D.C. Guest House, SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 4 IN MAC-526-2023 Bade Bacheli, P.S. Bacheli, District Dantewada, Chhattisgarh. ..........................(Owner) 3 - Branch Manager Chola Mandalam M.S. General Insurance Co. Ltd. Guru Govind Singh Ward No. 25, 2nd Floor, Simran Tower, Pandri Road, Near L.I.C. Bhawan Raipur, District Raipur, Chhattisgarh. ...................(Insurer) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. Vikas Patel, Advocate on behalf of Mr. PK Tulsyan, Advocate For Respondent No.3 : Mr. S.K. Kushwaha, 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. 2311.2022, passed in Claim Case No.280 of 2021 ( Smt. Mamta Nag and others v. Nitin Kumar Vahine and others) by the 1st Addl. Motor Accident Claims Tribunal, Bastar at Jagdalpur (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.22,74,629/- as compensation for the death of Sujit Nag in an accident took place on 17.12.2020. 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 the deceased as Rs.9,000/- per month notionally, which should be Page No.3 of 4 IN MAC-526-2023 Rs.10,000/- and, even the learned Claims Tribunal also erred in awarding less amount of the other conventional heads. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondent No.3 would submit that though the appellants failed to prove the nature of occupation and income of the deceased by producing clinching and admissible piece of evidence, yet the learned Claims Tribunal has assessed the monthly income of the deceased to be Rs.9,000/- notionally, whereas it ought to be Rs.8,960/- on the basis of minimum wages relevant at the time of accident i.e. 17.12.2020. Thus, the amount of compensation awarded by the Claims Tribunal is liable to be reduced. 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. In the case at hand, the date of accident is 17.12.2020 and, therefore, according to Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh, monthly income of the deceased ought to have been taken as Rs.8960/-. However, the learned Claims Tribunal while assessing the amount of compensation, has taken the monthly income of the deceased to be Rs.9,000/- notionally, applied the multiplier of 17, Page No.4 of 4 IN MAC-526-2023 deducted 1/4 amount towards personal living, added 40% amount on the head of future prospect and further awarded Rs.2,53,000/- on other conventional heads and even awarded Rs.93,829 on the head of medical expenses, which in my considered opinion is correct assessment of compensation amount of Rs.22,74,629/-. As such, I do not find any perversity or illegality in the impugned award passed by the learned Claims Tribunal. Consequently, present appeal is liable to be dismissed. 6. Accordingly, I do not find any merit in this appeal and same is hereby dismissed. No cost. Sd/- (Sanjay K. Agrawal) Judge s@if