1 2025:CGHC:50683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1137 of 2022 1 - Urmila Bai Sonkar, Wd/o. Late Awadhram Sonkar, Aged About 39 Years, R/o. Village Sonkar Mohalla, Sakri, Police Station - Sakri, District Bilaspur Chhattisgarh. 2 - Sonu Sonkar, S/o. Late Awadhram Sonkar, Aged About 23 Years, R/o. Village - Sonkar Mohalla, Sakri, Police Station Sakri, District Bilaspur Chhattisgarh. 3 - Monu Sonkar, S/o. Late Awadhram Sonkar, Aged About 17 Years, Minor Through The Mother Natural Guardian, Urmila Bai Sonkar. R/o. Village - Sonkar Mohalla, Sakri, Police Station Sakri, District Bilaspur Chhattisgarh. 4 - Dideshwari Sonkar, D/o. Late Awadhram, Aged About 14 Years, Minor Through The Mother Natural Guardian, Urmila Bai Sonkar. R/o. Village - Sonkar Mohalla, Sakri, Police Station Sakri, District Bilaspur Chhattisgarh. ... Appellants versus ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.10.13 16:47:41 +0530 2 1 - Jugesh Sinha, S/o. Punuram Sinha, Aged About 20 Years, R/o. Village Khamhariya, Police Station Than Khamhariya, District Bemetara, Chhattisgarh. (Driver Of The Vehicle Scorpio No. CG- 23-0199) 2 - Chandan Dewangan, S/o. Prahlad Dewangan, Aged About 22 Years, R/o. Village Khamhariya, Police Station Than Khamhariya, District Bemetara, Chhattisgarh. At Present Patelpara, Ward No. 10, Gandai, Pandariya, Rajnandgaon, Chhattisgarh (Owner Of The Vehicle Scorpio No. CG-23/0199) 3 - United India Insurance Company Limited, Through Divisional Manager, Division Office - Gurukripa Tower, Vyapar Vihar, Bilaspur, District – Bilaspur, Chhattisgarh. (Insurer Of The Vehicle Scorpio No. CG-23/0199) ... Respondents For Appellants : Mr. Anand Kesharwani, Advocate For Respondents No.1 & 2 : Mr. Vishvanath Shriwas, Advocate on behalf of Mr. Parasmani Shriwas, Advocate For Respondent No.3 : Mr. P.R.Patankar, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 10.10.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/ claimants seeking 3 enhancement of the amount of compensation, challenging the impugned award dated 25.06.2022 passed by learned Fourth Additional Motor Accident Claims Tribunal, Bilaspur, in Claim Case No.193/2021, by which the claim application of the claimants has been allowed and an amount of compensation to the tune of Rs. 12,93,800/- has been awarded to the claimants for the death of Awadhram, aged about 48 years, at the time of incident. 2. Appellants, who are wife, two sons & daughter of deceased Awadhram filed an application under Section 166 of the Act of 1988 before the Motor Accident Claims Tribunal (for brevity “Claims Tribunal”) seeking compensation to the tune of Rs. 93,00,000/- pleading therein that on the date of accident, deceased Awadhram was aged about 48 years was sole bread earner of the family and on account of his untimely death in the accident, the appellants have suffered economical and psychological difficulties. 3. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that deceased Awadhram died in the accident arising out of rash & negligent driving of the offending vehicle driven by respondent No.1, owned by respondent No.2 and insured by 4 respondent No.3. Breach of conditions of insurance policy was not found to be proved and after calculating the amount of compensation, the learned Claims Tribunal awarded Rs. 12,93,800/- as total compensation with interest @ 8% per annum from the date of filing of claim application. 4. Mr. Anand Kesharwani, learned counsel for the appellants, would submit that the learned Claims Tribunal has awarded very meager amount, as the Claims Tribunal erred in assessing income of deceased as Rs.8,320/- per month, which should be Rs. 8,860/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal may be enhanced suitably. 5. Mr. Vishvanath Shriwas, learned counsel appearing for the driver & owner (respondent No.1 & 2) and Mr. P.R.Patankar, learned counsel appearing for the insurance company (respondent No.3) would submit that the appellants have failed to prove the exact income of deceased by producing clinching and admissible piece of evidence, hence, the learned Claims Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation 5 awarded by the learned Claims Tribunal is just and proper, which does not call for any interference. 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 7. Learned Claims Tribunal has assessed the monthly income of deceased Awadhram to be Rs. 8,320/- per month, 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.8,860/- per month, which comes to Rs. 1,06,320/- per annum. 8. 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:- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 8,320 x 12 = Rs. 99,840/- Rs. 8,860 x 12 = Rs. 1,06,320/- Add future prospects @ 25% Rs. 24,960 + Rs. 99,840 = Rs. 1,24,800/- Rs. 26,580 + Rs. 1,06,320 = Rs. 1,32,900/- Deduction of 1/4 towards personal expenses Rs. 1,24,800 - 31,200/- = Rs.93,600/- Rs. 1,32,900 – 33,225 = Rs. 99,675/- Multiplier of 13 Rs. 93,600 x 13 = Rs. 12,16,800/- Rs. 99,675 x 13 = Rs. 12,95,775/- For Estate Rs. 16,500/- Rs. 16,500/- For Funeral Rs. 16,500/- Rs. 16,500/- For Consortium Rs. 44,000/- Rs. 44,000 x 4 = Rs. 1,76,000/- Total Rs. 12,93,800/- Rs. 15,04,775/- 9. In view of the aforesaid analysis, the amount of compensation of Rs. 12,93,800/- awarded by the Claims Tribunal is enhanced to Rs. 15,04,775/-. Hence, after deducting the amount of Rs. 12,93,800/-, the appellants are entitled for an additional amount of Rs. 2,10,975/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months. The additional amount of compensation shall carry 7 interest @ 8% 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. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok