1 2025:CGHC:55618 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 757 of 2021 1 - Mangali Pal W/o Late Babulal Pal Aged About 49 Years R/o Transport Nagar, Police Station Podi, District Koriya, Chhattisgarh 2 - Pinku Pal S/o Late Babulal Pal, Aged About 25 Years R/o Transport Nagar, Police Station Podi, District Koriya, Chhattisgarh 3 - Nikki Pal S/o Late Babulal Pal Aged About 15 Years Minor, Through Natural Guardian Mother Mangali Pal (Appellant No.1) R/o Transport Nagar, Police Station Podi, District Koriya, Chhattisgarh ... Appellants/Claimants Versus 1 - Dilip Minj S/o Jovaking Minj Aged About 30 Years Caste Uraon R/o Ward No. 02, Gandhi Nagar, Underside Of Government Milk Farm, Ambikapur, District Surguja, Chhattisgarh 2 - Rakesh Kumar Gupta S/o Late Ramchandra Gupta R/o Darripara, Ambikapur, District Surguja, Chhattiagarh 3 - Branch Manager, The New India Insurance Company, Abedkar Chowk, Ambika Petrol Pump Campus, Ambikapur, District Surguja, Chhattisgarh ... Respondents For Appellants/Claimants : Mr. Praveen Dhurandhar, Advocate For Respondent No. 1 & 2/ Driver & Owner For Respondent No. 3/ Insurance Company : : None appeared, though served Ms. Pooja Yadav, Advocate holding the brief of Mr. Shivendu Pandya, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 14/11/2025 1. The appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act for enhancement of compensation against the Digitally signed by RAMESH KUMAR VATTI Date: 2025.11.18 10:53:59 +0530 2 award passed by the learned Motor Accident Claims Tribunal, Baikunthpur, District Koriya (C.G.) in Claim Case No. 10/2021 dated 07.09.2021, whereby the learned Claims Tribunal has passed an award to the tune of Rs.7,10,400/- with interest @ 9% per annum on account of death of Rajesh Pal. 2. As per claim petition, on 24.11.2020, the deceased, aged about 22 years, earning Rs.15,000/- per month as he was working as labour and also vegetable vendor, died in the motor vehicular accident caused due to rash and negligent driving of vehicle i.e. bus bearing registration No. CG-15/AB-0113 by respondent No.1/driver. 3. Mr. Praveen Dhurandhar, learned counsel appearing for the appellants/claimants would submit that deceased Rajesh Pal met with an accident on 24.11.2020 when his motorcycle was dashed by Bus bearing registration No. CG-15/AB-0113. He would contend that in the said accident, the deceased sustained grievous injuries and succumbed to that. He would submit that the claimants mother, brother and minor sister of the deceased filed claim case under Section 166 of the Motor Vehicles Act, inter alia on the ground that on the date of accident, age of the deceased was 22 years and was earning Rs.15,000/-. He would contend that the learned Claims Tribunal assessed the notional income of the deceased as Rs.4,500/- per month which is at lower side according to minimum wages matrix. He would further contend that the learned Claims Tribunal has not awarded compensation for loss of consortium. It is argued by Mr. Praveen Dhurandhar that on other conventional heads, the learned Claims Tribunal has awarded just and proper compensation. He would pray to enhance the compensation accordingly. 3 4. On the other hand, Ms. Pooja Yadav, learned counsel appearing for respondent No. 3/Insurance Company would submit that the learned Claims Tribunal has passed just and proper compensation. It is contended that the claimants could not lead evidence to prove the income of the deceased, therefore, the learned Claims Tribunal assessed the income of the deceased at Rs.4,500/- per month. She would contend that the appeal deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the the records of the learned Claims Tribunal with utmost compensation. 6. Admittedly, the age of the deceased was 22 years at the time of accident. The learned Claims Tribunal assessed the income of the deceased at Rs.4,500/- per month. In absence of evidence, the learned Claims Tribunal should have applied the minimum wages matrix to assess the notional monthly income of the deceased. The minimum wages admissible to an unskilled labour in the month of November 2020 was Rs.8,060/- and this figure should have been taken into consideration to assess notional monthly income of the deceased. Further the learned Claims Tribunal has not awarded compensation for loss of consortium to the claimants who are mother, brother and minor sister of the deceased and thus, it requires reconsideration. 7. Thus, in light of the aforesaid discussion and in light of the judgments of the Hon’ble Supreme Court rendered in the matters of National Insurance Company Ltd. Vs. Pranay Sethi, reported in (2017) 16 SCC 680; Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors., reported in (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. Vs. Nanu Ram @ Chuhru Ram & Ors., reported in (2018) 18 SCC 130, this Court is computing the compensation as below:- 4 Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income as per minimum wages Rs.4,500/- per month Rs.8,060/- 2. Future prospect 40% Rs.1,800 + Rs.4,500/- = Rs.6,300/- Rs.3,224 + Rs.8,060 = Rs.11,284/- 3. Deduction of 50% towards personal expenses Rs.6,300 – 3,150= Rs.3,150/- per month Rs.11,284 – 5,642 = Rs.5,642/- per month 4. Per month Income of the deceased Rs.3,150/- Rs.5,642/- 5. Annual Income of the deceased Rs.3,150/- x 12 = Rs.37,800/- per annum Rs.5,642 x 12 = Rs.67,704/- per annum 6. Multiplier of 18 Rs.37,800/- x 18 = Rs.6,80,400/- Rs.67,704/- x 18 = Rs.12,18,672/- 7. Funeral Expenses Rs.15,000/- Rs.15,000/- 8 Loss of Estate Rs.15,000/- Rs.15,000/- 9. Loss of Consortium to Claimants No. 1 to 3 (mother, brother & minor sister and mother) as 44,000/- each - Nil - Rs.44,000/- x 3 = Rs.1,32,000/- Total : Rs.7,10,400/- Rs.13,80,672/- 8. In view of the aforesaid analysis, the amount of compensation of Rs.7,10,400/- awarded by the Claims Tribunal is enhanced to Rs.13,80,672/-. Hence, after deducting the amount of Rs.7,10,400/-, the appellants/claimants are entitled for an additional amount of Rs.6,70,272/-. The concerned respondents 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 carry interest @ 9% per annum from the 5 date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 9. In the result, the appeal is allowed in part with modification in the impugned award to the above extent. Sd/- (Rakesh Mohan Pandey) Judge vatti