Page No.1 of 5 IN MAC-224-2022 2025:CGHC:56794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 224 of 2022 [Arising out of award dt. 26.06.2019, passed in Claim Case No.41/2019 (Smt. Parmeshwari Bhaskar and others v. Lalluram Teta and others) by the Motor Accident Claims Tribunal, South Bastar, Kanker (CG)] 1 - Smt. Parmeshwari Bhaskar W/o Late Lakesh Kumar Bhaskar Aged About 28 Years R/o Chandni Chowk Sarona, Tahsil Sarona, District North Baster Kanker, Chhattisgarh, District : Kanker, Chhattisgarh 2 - Minor Ku. Sarika D/o Late Lakesh Kumar Bhaskar Aged About 7 Years Through Legal Guardian Mother Smt. Parmeshwari Bhaskar, R/o Chandni Chowk Sarona, Tahsil Sarona, District North Baster Kanker, Chhattisgarh., District : Kanker, Chhattisgarh 3 - Minor Ku. Durga Devi D/o Late Lakesh Kumar Bhaskar Aged About 5 Years Through Legal Guardian Mother Smt. Parmeshwari Bhaskar, R/o Chandni Chowk Sarona, Tahsil Sarona, District North Baster Kanker, Chhattisgarh., District : Kanker, Chhattisgarh 4 - Jagdev Bhaskar S/o Late Ledgaram Bhaskar Aged About 65 Years R/o Chandni Chowk Sarona, Tahsil Sarona, District North Baster Kanker, Chhattisgarh., District : Kanker, Chhattisgarh 5 - Smt. Kamla Bai Bhaskar W/o Jagdev Bhaskar Aged About 60 Years R/o Chandni Chowk Sarona, Tahsil Sarona, District North Baster Kanker, Chhattisgarh., District : Kanker, Chhattisgarh 6 - Harishankar Bhaskar S/o Jagdev Bhaskar Aged About 31 Years R/o Chandni Chowk Sarona, Tahsil Sarona, District North Baster Kanker, Chhattisgarh., District : Kanker, Chhattisgarh 7 - Tameshwar Bhaskar S/o Jagdev Bhaskar Aged About 25 Years R/o Chandni Chowk Sarona, Tahsil Sarona, District North Baster Kanker, Chhattisgarh., District : Kanker, Chhattisgarh 8 - Ku. Phuleshwari Bhaskar D/o Jagdev Bhaskar Aged About 23 Years R/o Chandni Chowk Sarona, Tahsil Sarona, District North Baster Kanker, Chhattisgarh., District : Kanker, Chhattisgarh ... Appellants Versus SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 5 IN MAC-224-2022 1 - Lalluram @ Laluram Teta S/o Late Anjoriram Teta Aged About 35 Years R/o Village Janakpur Coveti, Thana Bhanupratappur, District Kanker, Chhattisgarh. (Driver), District : Kanker, Chhattisgarh 2 - Home Prakash Jaiswal S/o Chandrika Prasad Aged About 42 Years Back Side Of Thana, Ward No. 05 Bhanupratappur, Tahsil And Thana Bhanupratappur, District North Baster Kanker, Chhattisgarh. (Owner), District : Kanker, Chhattisgarh 3 - The New India General Insurance Company Limited 2nd Floor R.D.A. Building Bajrang Market G.E. Road, Raipur, District Raipur, Chhattisgarh. (Insurer), District : Raipur, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. A.L. Singroul, Advocate For Respondent No.3 : Mr. Qamrul Aziz, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 21.11.2025 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. 26.06.2019, passed in Claim Case No.41/2019 (Smt. Parmeshwari Bhaskar and others v. Lalluram Teta and others) by the Motor Accident Claims Tribunal, South Bastar, Kanker (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.10,37,680/- as compensation for the death of Lakesh Kumar Bhaskar. 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.4,500/- per month which should be Rs.8,200/- as per Page No.3 of 5 IN MAC-224-2022 Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Further, the learned Claims Tribunal also erred in awarding Rs.40,000/- only on the head of loss of consortium, whereas it ought to have been Rs.44,000/-x 6 = Rs.2,64,000/- and, even, on the heads of loss of estate and funeral expenses only Rs.15,000/- each has been awarded, whereas it ought to have been awarded Rs.18,000/- each. 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 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.4500/-, 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.8200/- PM (as per minimum wages prescribed at relevant time). Even, the learned Claims Tribunal has only awarded Page No.4 of 5 IN MAC-224-2022 Rs.40,000/- on the head of loss of consortium, whereas it ought to have been Rs.44,000/-x 6 = Rs.2,64,000/- and, even, on the heads of loss of estate and funeral expenses only Rs.15,000/- each has been awarded, whereas it ought to have been awarded Rs.18,000/- each. 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 computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs.4500 x 12 = Rs.54,000/- Rs.8200 x 12 = Rs.98,400/- 2. Deduction (-) 1/5 (i.e. Rs.10,800/-) = Rs.43,200/- (-) 1/5 (i.e. Rs.19,680/-) = Rs.78,720/- 3. Future Prospect (+) 40% (i.e. Rs.17,280/-) = Rs.60,480/- (+) 40% (i.e. Rs.31,488/-) = Rs.1,10,208/- 4. Multiplier (x) 16 = Rs.9,67,680/- (x) 16 = Rs. Rs.17,63,328/- 5. Loss of Estate Rs.15,000/- Rs.18,000/- 6. Funeral Expenses Rs.15,000/- Rs.18,000/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.5 of 5 IN MAC-224-2022 7. Loss of Consortium (i.e. for spouse, 2 daughters, parents & sister) Rs.40,000/- Rs.44,000/- 6 = Rs.2,64,000/- Total Rs.10,37,680/- Rs.20,63,328/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.10,37,680/- awarded by the Claims Tribunal is enhanced to Rs.20,63,328/-. Hence, after deducting the amount of Rs.10,37,680/-, the appellants are held entitled for an additional amount of Rs.10,25,648/-. 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 @ 7.5% per annum from the date of claim application before the Tribunal 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 s@if