1 MAC No. 930 of 2023 2025:CGHC:50682 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 930 of 2023 1.Vinod Kumar Sahu S/o Banarsi Sahu, Aged About 25 Years; 2.Ajay Kumar Sahu S/o Late Banarsi Sahu, Aged About 21 Years; 3.Rampati Wd/o Late Banarsi Sahu, Aged About 48 Years; All are R/o Village Dabaripara, Outpost Basdei, Police Station Surajpur, Tahsil Bhaiyathan, District Surajpur (C.G.) ... Appellants versus 1.Arvind Prakash Yadav S/o Shankar Ram Yadav, Aged About 22, Years R/o Khutarapara, Outpost Basdei, Police Station Surajpur, Tahsil Bhaiyathan, District Surajpur (C.G.) (Driver). 2.Chandra Prakash Yadav S/o Shankar Ram Yadav, Aged About 28 Years, R/o Khutarapara, Outpost Basdei, Police Station Surajpur, Tahsil Bhaiyathan, District Surajpur (C.G.) (Driver). ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.10.14 10:54:31 +0530 2 MAC No. 930 of 2023 3.Magma H.D.I. General Insurance Company Limited Through Branch Manager-3, Naya Ground Floor, N.H. Road, Raj Kumar Office, Bilaspur (C.G.) (Insurance). ... Respondents For Appellants :- Mr. Anil Gulati, Advocate. For Respondent No.3 :- Mr. Sourabh Gupta, Advocate. SB- 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 (for short “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 28.02.2023 passed by the Motor Accident Claims Tribunal, Surajpur, District Surajpur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 32/2022 whereby learned Claims Tribunal has awarded a sum of 7,47,600/- ₹ as compensation along with interest for death of Banarsi Sahu. 2.Mr. Anil Gulati, learned counsel for the appellants, would submit that learned Claims 3 MAC No. 930 of 2023 Tribunal has erred in awarding less amount of compensation in the facts of the case. He would also submit that the Claims Tribunal erred in assessing income of deceased as ₹7,000/- per month which should be 9,930/- as ₹ per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh and also under the heads of loss of estate; funeral expenses and consortium less amount has not been awarded by the Claims Tribunal which is liable to be enhanced, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3.Mr. Sourabh Gupta, learned counsel for the Insurance Company/respondent No.3, would submit that the appellants have failed to prove nature of occupation and income of deceased by producing clinching and admissible piece of evidence and also the age of the deceased, hence, the Tribunal is justified in assessing income of deceased persons on notional basis. 4 MAC No. 930 of 2023 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 gone through the records meticulously. 5.Learned Claims Tribunal assessed the monthly income of deceased to be 7,000/-, 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 ₹9,930/- (as per minimum wages prescribed at relevant time) and ₹1,19,160/- per annum. Moreover, under the heads of loss of state, funeral expenses and consortium the amount is also liable to be enhanced, as such, the compensation amount is liable to be enhanced. 5 MAC No. 930 of 2023 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 Sethi1, 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 ₹7,000 x 12 = ₹ 84,000/- ₹ 9,930 x 12 = 1,19,160/- ₹ 2. Future prospect (+) 10% = 8,400/- ₹ total income = ₹ 92,400/- (+) 10% = 11,916/- ₹ total income = ₹ 1,31,076/- 3. Deduction (-) 1/3 = ₹ 30,800/- ₹92,400–30,800= ₹61,600/- (total income) (-) 1/3 = 43,692/- ₹ ₹ 1,31,076 – 43692 = ₹87,384/- (total income) 4. Multiplier (x) 11 = 6,77,600/- ₹ (x) 11 = ₹ 9,61,224/- 5. Loss of Estate ₹ 15,000/- ₹ 16,500/- 6. Funeral Expenses ₹ 15,000/- ₹ 16,500/- 7. Consortium ₹40,000/- 1,32,000/- ₹ Total ₹7,47,600/- ₹11,26,224 /- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 MAC No. 930 of 2023 7.In view of the aforesaid analysis, the amount of compensation of 7,47,600/- ₹ awarded by the Claims Tribunal is enhanced to ₹11,26,224/-. Hence, after deducting the amount of ₹7,47,600/- , the appellants are held to be entitled to an additional amount of ₹3,78,624/- . The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 6% 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. 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 Ankit