1 2025:CGHC:53022 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1016 of 2023 1 - Mangli Bai Wd/o Bandhuram Aged About 36 Years Occupation Former, Resident Of Village Devnagar, Police Station Surajpur, Tahsil Ramanujnagar, District Surajpur (C.G.) 2 - Mahaveer Prajapati S/o Motiram Aged About 32 Years Occupation Former, R/o Village Devnagar, Police Station, Surajpur, Tahsil Ramanujnagar, District Surajpur (C.G.) ... Appellants/Claimants versus 1 - Tuleshwar Singh S/o Munshi Singh Aged About 30 Years R/o Village Senduri, Police Station And Tahsil Ramanujnagar, District Surajpur (C.G.) 2 - Vipin Kumar Singh S/o Shivnarayan Singh Aged About 22 Years R/o Village Umeshpur, Police Station Surajpur, Tahsil Ramanujnagar, District : Surajpur, Chhattisgarh HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.10.31 10:40:36 +0530 2 3 - The Branch Manager National Insurance Company Limited, Branch Office, Niharika, Road, Kosabadi, Ramnagar, Korba, District Korba (C.G.) ... Respondent(s) For Appellants :Mr. Purnendra Khichariya on behalf of Mr. Praveen Dhurandhar, Advocates For Respondents No. 1 & 2 :Mr. Deepak Sharma on behalf of Mr. Raja Sharma, Advocates For Respondent No. 3 :Mr. Sanjay Patel, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 30.10.2025 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 04/04/2023 passed by learned Motor Accident Claims Tribunal, Surajpur, District Surajpur (C.G.) in Claim Case No. 92/2022, whereby learned Claims Tribunal has awarded a total sum of Rs. 12,46,000/- as compensation to the appellants/claimants for the death of Bandhu Ram, aged about 38 years, who worked as an Agriculturist. 3 2. Learned counsel for the appellants/claimants would submit that the Claims Tribunal has erred in granting less compensation as the monthly income of the deceased has been assessed as Rs. 7,000/- whereas it ought to be Rs. 8,060/- as per the minimum wage notification prevalent on the date of the accident, as such, the compensation awarded by the Claims Tribunal, being on the lower side, may suitably be enhanced. 3. Learned counsel for the respondents 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. 7,000/-, however, in the opinion of this Court, his monthly income should be Rs. 8,060/- (as per minimum wages prescribed at relevant time). 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters 4 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 computing the compensation as below:- Sr. No . Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 7,000/- x 12 = Rs. 84,000/- Rs. 8,060/- x 12 = Rs. 96,720/- 2. Future Prospect (+) 40% i.e. Rs. 33,600/- = Rs. 1,17,600/- (+) 40% i.e. Rs. 38,688/- = Rs. 1,35,408/- 3. Deduction (-) 1/3 i.e. Rs. 39,200/- = Rs. 78,400/- (-) 1/3 i.e. Rs. 45,136/- = Rs. 90,272/- 4. Multiplier (x) 15 = Rs. 11,76,000/- (x) 15 = Rs. 13,54,080/- 5. Funeral Expenses Rs. 15,000/- Rs. 15,000/- 6. Loss of Estate Rs. 15,000/- Rs. 15,000/- 7. Loss of Filial Consortium Rs. 40,000/- Rs. 40,000/- Total Rs. 12,46,000/- Rs. 14,24,080/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 12,46,000/- awarded by the Claims Tribunal is enhanced to Rs. 14,24,080/-. Hence, the appellants are held entitled for an additional amount of 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 Rs. 1,78,080/-. Respondent No. 3 is 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 @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 09/09/2022 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