Page No.1 of 5 IN MAC-857-2022 2025:CGHC:57550 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 857 of 2022 [Arising out of award dt. 11.05.2022, passed in Claim Case No.480/2020 (Smt. Sushila Singh and another v. Ashok Kumar and others) by the 2nd Addl. Motor Accident Claims Tribunal, Bilaspur (CG)] 1 - Smt. Sushila Singh W/o Rameshwar Aged About 59 Years R/o Village Matiya, Post Tikari, Police Station And Tahsil Masturi, District : Bilaspur, Chhattisgarh 2 - Rameshwar Chandel S/o Yadurai Singh Chandel Aged About 61 Years R/o Village Matiya, Post Tikari, Police Station And Tahsil Masturi., District : Bilaspur, Chhattisgarh ... Appellant Versus 1 - Ashok Kumar S/o Jaitram Mahra Aged About 32 Years R/o Village Vindhyasagar, Post Bahtarai, Police Station Sakri, Tahsil Takhatpur, District Bilaspur Chhattisgarh. (Driver Of Vehicle Motorcycle No. C.G. 10-Af-2439). 2 - Deepak Das Manikpuri S/o G.D. Manikpuri Aged About 46 Years R/o Yadunandan Nagar, Tifra, Police Station Sirgitti, Tahsil And District Bilaspur Chhattisgarh. (Owner Of Vehicle Motorcycle No. C.G. 10-Af-2439). 3 - Ifco Tokyo General Insurance Company Limited Through The Branch Manager, Branch Office Galaxy Heights, Behind I.C.I.C.I. Bank Vyapar Vihar, Police Station Tarbahar, Tahsil And District Bilaspur Chhattisgarh. (Insurer Of Vehicle Motorcycle No. C.G. 10- Af-2439). (Insurance Policy No. 10x3ydcdp400m5911692 Insured For The Period From 09.02.2019 To 08.02.2020) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Ms. Pranoti Das, Advocate on behalf of SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 5 IN MAC-857-2022 Mr. Goutam Khetrapal, Advocate For Respondent No.3 : Ms. Nikita Dubey, Advocate on behalf of Mr. Vaibhav Shukla, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 26.11.2025 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. 11.05.2022, passed in Claim Case No.480/2020 (Smt. Sushila Singh and another v. Ashok Kumar and others) by the 2nd Addl. Motor Accident Claims Tribunal, Bilaspur (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.12,65,840/- as compensation for the death of Avinash Kumar Chandel. 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 deceased as Rs.8,600/- per month which should be Rs.9,300/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondent would submit that the Page No.3 of 5 IN MAC-857-2022 appellants have failed to prove nature of occupation and income of deceased by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 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. Learned Claims Tribunal assessed the monthly income of deceased to be Rs.8,600/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased should be Rs.9,300/- PM (as per minimum wages prescribed at relevant time). Therefore, in the considered opinion of this Court, the amount of compensation awarded by the learned Claims Tribunal is liable to be enhanced. 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 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.4 of 5 IN MAC-857-2022 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.9300 x 12 = Rs.1,11,600/- 2. Future Prospect (+) 40% (i.e. Rs.41,280/-) = Rs.1,44,480/- (+) 40% (i.e. Rs.44,640/-) = Rs.1,56,240/- 3. Deduction (-) 1/2 (i.e. Rs.72,240/-) = Rs.72,240/- (-) 1/2 (i.e. Rs.78,120/-) = Rs.78,120/- 4. Multiplier (x) 16 = Rs.11,55,840/- (x) 16 = Rs. Rs.12,49,920/- 5. Loss of Estate Rs.15,000/- Rs.15,000/- 6. Funeral Expenses Rs.15,000/- Rs.15,000/- 7. Loss of Consortium Rs.80,000/- Rs.80,000/- Grand Total Rs.12,65,840/- Rs.13,59,920/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.12,65,840/- awarded by the Claims Tribunal is enhanced to Rs.13,59,920/-. Hence, after deducting the amount of Rs.9,13,125/-, the appellants are held entitled for an additional amount of Rs.94,080/-. The concerned respondents are 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. The additional amount of compensation shall carry interest @ 9% per annum from the date of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall Page No.5 of 5 IN MAC-857-2022 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 s@if