-1- NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1251 of 2024 1 - Mohan Asnik S/o Pyarelal Asnik Aged About 30 Years R/o Ward No. 48 Kothar Para, Nandai Chowk, Tehsil And District Rajnandgaon, C.G. ... Appellant versus 1 - Suresh Kumar Sahu S/o Late Bhavsingh Sahu Aged About 55 Years R/o Gram Karamtara, Thana Lalbag Tehsil And District Rajnandgaon, C.G. (Driver Of Vehicle Cg 08ac/0311) 2 - Harmal Singh S/o Late Shri Charanjeet Sing Aged About 55 Years R/o R. K. Nagar G E Road Nagpur Naka, Thana Kotwali, District Rajnandgaon, C.G. (Owner Of Vehicle Cg 08ac/0311) 3 - Branch Manager The New India Insurance Company Ltd Branch Office- 1st Floor Hall No. 04, Housing Board Complex, New Bus Stand G E Road Bhilai, Tehsil And District Durg C.G. (Insurer Of Vehicle Cg 08ac/0311) ... Respondents For appellant/claimant : Mr. Rajendra Patel, Advocate For respondent/Insurance Company : Mr. Deepak Gupta, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 29.10.2025 1) Heard on I.A.No.1, application for condonation of delay in filing the instant appeal. 2) Mr. Patel, learned counsel appearing for the appellant/claimant would submit that this appeal has been preferred by the claimant for enhancement of compensation and there is delay of 182 days in filing instant appeal. He would further submit that the appellant has good case on merits and delay part has properly been explained. He would pray to allow the application (I.A. No.1). -2- 3) On the other hand, Mr. Gupta, learned counsel appearing for the respondent/Insurance Company would oppose the submissions made by Mr. Patel. 4) On due consideration, the same is allowed. 5) Delay of 182 days in filing instant appeal is hereby condoned. 6) Heard on admission. 7) The appellant/claimant has filed this appeal for enhancement of compensation against an award passed by the learned Third Additional Motor Accidents Claims Tribunal, Rajnandgaon (C.G.) in Claim Case No.32/2021 dated 14.09.2023, whereby, the learned Tribunal has passed an award to the tune of Rs.4,92,800/- with interest @ 6% per annum on account of death of Hamida Aasnik. 8) Mr. Patel, learned counsel appearing for the appellant/claimant would submit that age of the deceased was between 56 to 60 years and she was earning Rs.15,000/- per month as she was bangle-seller. He would contend that the claimant was dependent of income of the deceased. He would further contend that the learned Tribunal has assessed the notional monthly income of deceased Rs.7,000/- per month which is at lower side according to the minimum wages matrix applicable in the State of Chhattisgarh. He would pray to allow the appeal by enhancing the compensation. 9) On the other hand, Mr. Gupta, the learned counsel appearing for the Insurance Company would oppose the submissions made by Mr. Patel. He would submit that the learned Tribunal has passed just and proper compensation. He would submit that the claimant failed to adduce evidence to prove the income of the deceased. He would submit that the present appeal deserves to be dismissed. 10) I have heard the learned counsel appearing for the parties and perused the -3- record with utmost circumspection. 11) Admittedly, age of the deceased was about 60 years. Learned Tribunal has assessed monthly income of the deceased Rs.7,000/-. According to the minimum wages matrix applicable in the State of Chhattisgarh, minimum wages admissible to unskilled labourer in the month of December, 2020 was Rs.8,800/- and thus, the learned Tribunal has assessed the notional income of the deceased at lower side. On other conventional heads, learned Tribunal has awarded just and proper compensation. 12) Taking into consideration the above discussed facts, the compensation requires recomputation and same is being revisited herein below : 13) The compensation is being revisited herein below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs.7000 x12 = Rs. 84,000/- Rs.8,800 x 12 = Rs. 1,05,600/- 2. Future Prospect 10% = 84,000 x 10% 14) = Rs.8,400/- 15) = 92,400/- 10% = 10,560/- i.e.=1,05,600+10,560 =1,16,160/- 3. Deduction (-) 1/2 =Rs. 46,200/- (-) 1/2= Rs.58,080/- 4. Multiplier (x) 9 = Rs. 4,15,800/- (x) 9 =Rs. 5,22,720/- 5. Loss of Consortium Rs.44,000/- Rs.44,000/- 6. Funeral expenses Rs. 16,500/- Rs. 16,500/- 7. Loss of Estate Rs. 16,500/- Rs. 16,500/- -4- 8. Total Rs. 4,92,800/- Rs. 5,99,720/- 14) Accordingly, the amount of compensation of Rs.4,92,800/- awarded by the Claims Tribunal is enhanced to Rs.5,99,720/-. Hence, after deducting the amount of Rs.4,92,800/-, the appellant is entitled for an additional amount of Rs.1,06,920/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of application till the date of its realization. The rest of the terms and conditions shall remain intact. 15) Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Rekha