Page No.1 of 5 IN MAC-574-2023 2025:CGHC:55456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 574 of 2023 [Arising out of award dt. 31.01.2023, passed in Claim Case No.767 of 2021 (Jyoti Bai Dhuri and others v. Dinesh Kumar Khairwar and others) by the 3rd Addl. Motor Accident Claims Tribunal, Bilaspur (CG)] 1 - Jyoti Bai Dhuri W/o Late Firtu Ram Dhuri Aged About 22 Years R/o Harnmudi, Post - Beltara, Thana - Pali And District Korba, Chhattisgarh 2 - Rajveer Dhuri S/o Late Firtu Ram Dhuri Aged About 3 Years Minor Through Legal Guardian Mother Jyoti Bai Dhuri, R/o Harnmudi, Post - Beltara, Thana - Pali And District Korba, Chhattisgarh 3 - Santram Dhuri S/o Late Dayaram Dhuri Aged About 50 Years R/o Harnmudi, Post - Beltara, Thana - Pali And District Korba, Chhattisgarh 4 - Shakun Bai Dhuri W/o Santram Dhuri Aged About 45 Years R/o Harnmudi, Post - Beltara, Thana - Pali And District Korba, Chhattisgarh 5 - Rani Dhuri D/o Santram Dhuri Aged About 19 Years R/o Harnmudi, Post - Beltara, Thana - Pali And District Korba, Chhattisgarh ... Appellant Versus 1 - Dinesh Kumar Khairwar S/o Leela Ram Khairwar R/o Bango Colony, Thana And Tahsil - Kharsiya, District Raigarh Chhattisgarh, (Driver Of The Offending Vehicle Mixer Machine No. C.G.04/l.T./5065) 2 - Radheshyam Agrawal R/o - Near Girls Collage Shivakunj Road Raigarh, District Raigarh Chhattisgarh, (Owner Of The Offending Vehicle Mixer Machine No. C.G.04/l.T./5065) SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 5 IN MAC-574-2023 3 - The United India Insurance Company Limited Branch Manager, L.I.C. Building 1st Floor Mangarpara Road, Thana Civil Line - Bilaspur, Tahsil And District - Bilaspur Chhattisgarh, (Insurer Of The Offending Vehicle Mixer Machine No. C.G.04/l.T./5065) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. A.L. Singroul, Advocate For Respondent No.3 : Mr. Abhishek Vinod Deshmukh, Advocate appeared through Video Conferencing ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 13.11.2025 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. 31.01.2023, passed in Claim Case No.767 of 2021 (Jyoti Bai Dhuri and others v. Dinesh Kumar Khairwar and others) by the 3rd Addl. Motor Accident Claims Tribunal, Bilaspur (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.19,78,040/- as compensation for the death of Firtu Ram Dhuri, who was aged about 25 years on the date of occurrence. 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.7,800/- per month which should be Rs.8960/- as per Chhattisgarh Minimum Wages Notification issued by the office of Page No.3 of 5 IN MAC-574-2023 the Labour Commissioner, Chhattisgarh. Further, the learned Claims Tribunal also erred in awarding not amount of compensation on the head of loss of consortium for the appellant No.5. 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.7800/-, 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.8960/- PM (as per minimum wages prescribed at relevant time). Even, the learned Claims Tribunal has not awarded any amount of compensation on the head of loss of consortium for the appellant No.5. Therefore, in the considered opinion of this Court, the amount of compensation awarded by the Page No.4 of 5 IN MAC-574-2023 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.7800 x 12 = Rs.93,600/- Rs.8960 x 12 = Rs.1,07,520/- 2. Future Prospect (+) 40% (i.e. Rs.37,440/-) = Rs.1,31,040/- (+) 40% (i.e. Rs.43,008/-) = Rs.1,50,528/- 3. Deduction (-) 1/4 (i.e. Rs.32760/-) = Rs.98,280/- (-) 1/4 (i.e. Rs.37,632/-) = Rs.1,12,896/- 4. Multiplier (x) 18 = Rs.17,69,040/- (x) 18 = Rs. Rs.20,32,128/- 5. Loss of Estate Rs. 16,500/- Rs. 16,500/- 6. Funeral Expenses Rs. 16,500/- Rs. 16,500/- 7. Loss of Consortium Rs.44,000/- x 4 = Rs.1,76,000/- Rs.44,000/- x 5 = Rs.2,20,000/- Total Rs.19,78,040/- Rs.22,85,128/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.19,78,040/- awarded by the Claims Tribunal is enhanced to 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.5 of 5 IN MAC-574-2023 Rs.22,85,128/-. Hence, after deducting the amount of Rs.19,78,040/-, the appellants are held entitled for an additional amount of Rs.3,07,088/-. 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 @ 9% per annum from the date of claim application before the Tribunal i.e. 16.03.2021 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