1 2025:CGHC:54100 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2350 of 2024 1 - Ramdular Paikra S/o Shri Shivram Paikra, Aged About 50 Years R/o Village- Kanchanpur, Post-Ambikaipur, Thana And Tahsil- Ambikapur, District-Surguja (C.G.) ---------(Claimant) 2 - Rabeena Paikra D/o Shri Ramdular Paikra, Aged About 22 Years R/o Village-Kanchanpur, Post-Ambikaipur, Thana And Tahsil- Ambikapur, District- Surguja (C.G.) ---------(Claimant) 3 - Kamaljeet Singh S/o Shri Ramdular Paikra, Aged About 26 Years R/o Village-Kanchanpur, Post-Ambikaipur, Thana And Tahsil- Ambikapur, District- Surguja (C.G.) ---------(Claimant) ... Appellants Versus 1 - Bajrang Paikra S/o Shri Bhiwa Paikra, Aged About 22 Years R/o Village- Udari, Thana And Tahsil-Lundra, District-Surguja (C.G.) ------(Driver Of The Vehicle Tractor No. CG-15 DX-0767 And Trolley No. CG-15 DX-6815) 2 - Yadav Ram Paikra S/o Shri Anand Say Paikra, Aged About 35 Years R/o Village-Sidhma, Police Outpost-Bariyo, Thana And Tehsil-Rajpur, District- Balrampur (C.G.) -------(Owner Of The Vehicle Tractor No. CG-15 DX-0767 And Trolley No. CG-15 DX-6815) 3 - Branch Manager, ICICI Lombord General Insurance Company Limited Branch Office- 3rd Floor, Kartaram Complex, Plot No. 344/11, MG Road Banaras Chowk Ambikapur, District-Surguja (C.G.), Temporary Add.- Ground Floor, Commercial Building Devendranagar Road Raipur, District-Raipur (C.G.) -------(Insurer Of The Vehicle Tractor No. CG-15 DX-0767 And Trolley No. CG- 15 DX-6815) ... Respondents For Appellants/Claimants : Mr. Sumit Shrivastava, Advocate For Respondents No. 1 & 2/ Driver & Owner For Respondent No. 3/ Insurance Company : : None appeared, though served. None appeared, though served Digitally signed by RAMESH KUMAR VATTI Date: 2025.11.07 16:44:42 +0530 2 Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 06/11/2025 1. The appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 for enhancement of compensation against the award passed by the learned Principal Motor Accident Claims Tribunal, Ambikapur (Surguja), C.G. in Claim Case No. 188/2022 dated 26.06.2024, wherein and whereby the learned Clams Tribunal passed an award directed the Insurance Company/respondent No. 3 to make payment of compensation to the tune of Rs.8,69,800/- along with the interest @ 7% per annum to the claimants on account of death of Ritesh Kumar Paikra aged about 16 years at the time of accident. 2. Mr. 2. Mr. Sumit Shrivastava, learned counsel appearing for the appellants/claimants would submit that on 17.02.2022 at about 09:00 pm deceased aged about 16 years was sitting on motorcycle as pillion rider, while rider of the motorcycle, driving his motorcycle and dashed it with stationary Tractor bearing registration No. CG-15/DX – 0767 and Trolley bearing registration No. CG-15/DX-6815. He would contend that indicator or trail light was not used by the driver of the offending vehicle i.e. Tractor and Trolley. He would further contend that the learned Claims Tribunal has assessed the notional income of the deceased at Rs.7,000/- per month which is at lower side looking to the minimum wages matrix. He would submit that the learned Claims Tribunal has awarded compensation for loss of consortium at Rs.40,000/- only, ignoring the number of claimants, which are 03, father, brother and sister of the deceased. He would pray to enhance the compensation accordingly. 3. There is no representation on behalf of the respondents. 3 4. Heard learned counsel for the appellants/claimants at length and perused the record of the learned Claims Tribunal. 5. Admittedly, the age of the deceased was 16 years at the time of accident and he rammed into stationary Tractor & Trolley, resultantly he sustained injuries and died. The evidence led by the claimants would show that signal or trail light was not used by the driver of the Tractor and Trolley and that was the reason of accident. The learned Claims Tribunal has considered notional monthly income of the deceased at Rs.7,000/- which appears to be at lower side. 6. The Hon’ble Supreme Court in the matter Hitesh Nagjibhai Patel Vs. Bababhai Nagjibhai Rabari & Anr. (2025 INSC 1070) has held that in case of death or injury of a minor, the Court should consider the minimum wages payable to skilled labour while computing the compensation. The Hon’ble Supreme Court reaffirmed the principle of granting “just and fair compensation” in motor accident cases, particularly where a child having suffered injury or passed away, the calculation of loss of income necessarily has to be made on the matrix of minimum wages payable to a skilled worker in the respective State at the relevant point of time. 7. In the present case, at the time of accident, the deceased was aged about 16 years and the learned Claims Tribunal has treated the deceased unskilled labourer and such finding appears to be erroneous. The learned Claims Tribunal has not awarded compensation for loss of consortium. As 03 years have already passed, the amount of said compensation would carry an additional sum of 10%. On the other heads, the learned Claims Tribunal has awarded adequate compensation. 4 8. Admittedly, in the month of February 2022, the minimum wages admissible to skilled labourer was Rs.12,010/- and the learned Claims Tribunal ought to have considered that figure. Thus, the compensation requires re-computation and same is being revisited herein below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income as per minimum wages Rs.7,000/- per month Rs.12,010/- per month 2. Future prospects @ 40% Rs.2,800 + 7,000/- = Rs.9,800/- Rs.4,804 + Rs.12,010/- = Rs.16,814/- 3. Deduction of 1/2 towards personal expenses Rs.9,800 – 4,900= Rs. 4,900/- per month Rs.16,814 – Rs.8,407 Rs.8,407/- 4. Per month Income of the deceased Rs.4,900/- Rs.8,407/- 5. Annual Income of the deceased Rs.4,900 x 12= Rs.58,800/- Rs.8,407/- x 12 = Rs.1,00,884/- 6. Multiplier of 18 Rs.58,800 x 18 = Rs.10,58,400/- Rs.1,00,884/- x 18 = Rs.18,15,912/- 7. 25% deduction towards contributory negligence Rs.10,58,400– Rs.2,64,600= Rs.7,93,800/- Rs.18,15,912 – Rs.4,53,978= Rs.13,61,934/- 8. Funeral Expenses Rs.18,000/- Rs.18,000/- 9. Loss of Estate Rs.18,000/- Rs.18,000/- 10. Loss of consortium Rs.40,000/- Rs.44,000/- x 3 Rs.1,32,000/- Total Rs.8,69,800/- Rs.15,29,934/- 9. In view of the aforesaid analysis, the amount of compensation of Rs.8,69,800/- awarded by the Claims Tribunal is enhanced to Rs.15,29,934/-. Hence, after deducting the amount of Rs.8,69,800/-, the appellants/claimants are entitled for an additional amount of Rs.6,60,134/-. The respondent No. 3/Insurance Company is directed to 5 deposit the amount of compensation as enhanced by this Court within a period of 60 days 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 till its realization. Rest of the conditions of the impugned award shall remain intact. 10. The Insurance Company/respondent No. 3 shall make payment of compensation with interest @ 7% per annum within a period of 60 days from today, failing which, the enhance amount shall carry interest @ 15% per annum. 11. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge vatti