1 2025:CGHC:52412 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1055 of 2022 1 - Smt. Pramila Yadav W/o Late Makhan Yadav Aged About 28 Years Occupation House Wife R/o Village Bhaisamunda Post Bardar Police Station And Tahsil Balrampur District Balrampur - Ramanujganj, Chhattisgarh 2 - Dev Prasad S/o Late Makhan Yadav Aged About 9 Years Occupation- Student, Minor Through Natural Guardian Mother Smt. Pramila Yadav, W/o Late Makhan Yadav, R/o Village Bhaisamunda Post Bardar Police Station And Tahsil Balrampur District - Balrampur - Ramanujganj, Chhattisgarh 3 - Ku. Saraswati Yadav D/o Late Makhan Yadav Aged About 3 Years Minor Through Natural Guardian Mother Smt. Pramila Yadav, W/o Late Makhan Yadav, R/o Village Bhaisamunda Post Bardar Police Station And Tahsil Balrampur District - Balrampur Ramanujganj, Chhattisgarh 4 - Ramkushun Yadav S/o Late Nabalik Yadav Aged About 50 Years R/o Village Bhaisamunda Post Bardar Police Station And Tahsil Balrampur District - Balrampur Ramanujganj, Chhattisgarh ... Appellants/Claimants versus HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.10.29 11:33:59 +0530 2 1 - Premsagar Gunjani S/o Radheshyam Gunjani Aged About 35 Years Occupation Driver Of Vehicle R/o Village Bhanoura Post- Balrampur Police Station And Tahsil Balrampur District - Balrampur Ramanujganj, Chhattisgarh 2 - Vanshidhar Gupta S/o Ramji Prasad Gupta Aged About 53 Years Occupation Owner Of Bus R/o Ward No. 1, Ravindra Pratap Ward - Balrampur Police Station And Tahsil Balrampur District - Balrampur Ramanujganj, Chhattisgarh 3 - The Divisional Manager The Oriental Insurance Company Ltd. Division Office Near Ambedkar Chowk, Nagar - Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Appellants : Mr. Shubham Tiwari on behalf of Mr. A.N. Pandey, Advocate For Respondent No. 3 : Mr. Pankaj Agrawal and Mrs. Swati Agrawal, Advocates SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 28.10.2025 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 01/01/2022 passed by learned Motor Accident Claims Tribunal, Ambikapur, District Sarguja (C.G.) in Claim Case No. 67/2020, whereby learned Claims Tribunal has 3 awarded a total sum of Rs. 15,69,400/- as compensation to the appellants/claimants for the death of Makhan Yadav, aged about 30 years, who worked as a Bus Conductor. 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. 8,600/- as per the minimum wage notification prevalent on the date of the accident. He would further submit that Rs. 15,000/- each has been awarded under loss of estate and for funeral expenses whereas the Tribunal ought to have granted Rs. 16,500/- each under the said heads and further Rs. 40,000/- has been granted under loss of consortium whereas Rs. 1,76,000/- ought to have been granted by the Claims Tribunal under the said head, therefore, the compensation awarded by the trial Court 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. 4 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. 8,600/- (as per minimum wages prescribed at relevant time) and Rs. 16,500/- each ought to have been awarded for loss of estate as well as for funeral expenses and under loss of consortium, Rs. 1,76,000/- ought to have been awarded. 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 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. 8,600/- x 12 = Rs. 1,03,200/- 2. Deduction (-) 1/4 = Rs. 63,000/- (-) 1/4 = Rs. 77,400/- 3. Future Prospect (+) 40% = Rs. 88,200/- (+) 40% = Rs. 1,08,360/- 4. Multiplier (x) 17 = Rs. 14,99,400/- (x) 17 = Rs. 18,42,120/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 5. Funeral Expenses Rs. 15,000/- Rs. 16,500/- 6. Loss of Estate Rs. 15,000/- Rs. 16,500/- 7. Loss of Consortium Rs. 40,000/- Rs. 1,76,000/- Total Rs. 15,69,400/- Rs. 20,51,120/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 15,69,400/- awarded by the Claims Tribunal is enhanced to Rs. 20,51,120/-. Hence, the appellants are held entitled for an additional amount of Rs. 4,81,720/-. 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 carry interest @ 7% per annum from the date of filing of claim application before the Tribunal i.e. 16/03/2020 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