1 2025:CGHC:50336 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 333 of 2024 1 - Smt. Aasti Baghel Wd/o Late Babloo Baghel Aged About 30 Years R/o Bazarpara, Village Lamker, Post Lamker, P.S. Bastar, District Bastar (C.G.) (Claimant) 2 - Shani Baghel S/o Late Babloo Baghel Aged About 9 Years Through Appellant No.1 Smt. Aasti Baghel, R/o Bazarpara, Village Lamker, Post Lamker, P.S. Bastar, District Bastar (C.G.) (Claimant) 3 - Kumari Sivani D/o Late Babloo Baghel Aged About 4 Years Through Appellant No.1 Smt. Aasti Baghel, R/o Bazarpara, Village Lamker, Post Lamker, P.S. Bastar, District Bastar (C.G.) (Claimant) 4 - Upabati Baghel W/o Gandhiram Baghel Aged About 54 Years R/o Bazarpara, Village Lamker, Post Lamker, P.S. Bastar, District Bastar (C.G.) (Claimant) 5 - Gandhiram Baghel S/o Late Sundar Baghel Aged About 57 Years R/o Bazarpara, Village Lamker, Post Lamker, P.S. Bastar, District Bastar (C.G.) (Claimant) ...Appellants versus 1 - Naniram S/o Mangluram Aged About 35 Years R/o Village Chote Tokapal, P.S. Parpa, District Bastar (C.G.) (Driver Of The Vehicle) (Non-Claimant) 2 - Devesh Baghel S/o Bhadu Baghel R/o Uparpara, Village Faafni, Post Chapka, P.S. Bhanpuri, District Bastar (C.G.) (Non-Claimant) 3 - Edelweiss Tokiyo General Insurance Company Limited Through Branch 2 Manager, Branch Office 2nd Floor, Chawala Towers, Shanker Nagar, Raipur, District Raipur (C.G.) (Insurer) (Non-Claimant) ... Respondent(s) For Appellants : Mr. Abhishek Nirala, Advocate, on behalf of Pravin Kumar Tulsyan, Advocate For Respondent(s) : Mr. Anupam Dubey, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 09/10/2025 1. The appellants/claimants have preferred this appeal seeking enhancement of compensation against the award passed by the learned Motor Accident Claims Tribunal, Bastar at Jagdalpur in Claim Case No. 99/2023, whereby the Tribunal awarded a total compensation of Rs. 18,91,000/- with interest @ 9% per annum on account of the death of Bablu Baghel. 2. Brief facts of the present case, are that on on 28.12.2022, deceased Bablu Baghel was going home and when he reached near Bhond Jodan Bans Plant, the respondent No.1/Naniram, driver of the offending motorcycle bearing registration No. CG-07-BA-3739 by driving the vehicle rashly and negligently, dashed the deceased from back side, as a result, he sustained grievous injuries and died on the spot. 3 3. The claimants, who are widow, two minor children, and parents of the deceased filed a claim application and pleaded that the deceased was 38 years old at the time of accident, and he was a mason, and earning Rs. 20,000/- per month. They claimed a total compensation of Rs. 39,80,000/- on various heads. The Insurance Company was proceeded ex parte and the learned Tribunal after framing issues and evaluating evidence passed the impugned award. 4. Mr. Nirala, learned counsel appearing for the appellants would submit that the learned Tribunal has committed error in considering the monthly income of the deceased at Rs. 9,000/-, ignoring the fact that he was a mason, and the minimum wages for a semi-skilled labourer in the month of December 2022 was Rs. 10,350/-. He further submits that the learned Tribunal has awarded Rs. 20,000-20,000/- towards loss of consortium to claimants No. 2 and 3, which is on the lower side. Hence, he prays for enhancement of compensation. 5. On the other hand, learned counsel for the respondents opposes the submissions made by counsel for the appellants and contends that the claimants failed to prove that the deceased was earning Rs. 20,000/- per month. It is submitted that the learned Tribunal has rightly treated him as an unskilled labourer and assessed the income at Rs. 9,000/- per month, and the award is just and proper; thus, the appeal deserves to be dismissed. 6. Heard learned counsel for the parties and perused the record. 4 7. It is evident from the claim application that the deceased was working as a mason. The Insurance Company did not appear before the learned Tribunal and was proceeded ex parte, as there was no denial of pleadings made in claim application of the claimants by the insurance company, therefore, it can be presumed that the deceased was working as a mason. 8. Further, Smt. Asti Patel (AW/1), widow of the deceased, also deposed that her husband was a mason and earning Rs. 20,000/- per month. 9. Considering the fact the minimum wages payable to a semi-skilled labourer in the month of December 2022 was Rs. 10,350/- per month, thus, the Tribunal’s assessment of income of the deceased at Rs. 9,000/- appears on the lower side. 10. Taking into consideration the above discussed facts, the computation of compensation is revisited as under:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 9,000 x12 = Rs. 1,08,000/- Rs. 10,350 x 12 = Rs. 124200/- 2. Future Prospect 40% +43200= 151200 40%+ 49,680= 173880 3. Deduction (-) 1/4 = 113400 (-) 1/4= 43,470 4. Multiplier (x)1 7 = 17,01,000/- (x) 17 = Rs. 19,56,150 5. Loss of Estate Rs. 15,000/- Rs. 15,000/- 5 6. Funeral expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium Rs. 40,000+40,000+40,000+ 20,000+20,000 = 1,60,000 Rs.40,000 x 5 = 2,00,000/- 8. TOTAL Rs. 18,91,000/- Rs. 21,86,150/- Thus, the total payable compensation comes to Rs. 21,86,150/-. Since the learned Tribunal has already granted Rs. 18,91,000/-, the claimants shall be entitled to an enhanced compensation of Rs. 2,95,150/- in addition to the amount already awarded with interest @ 9% per annum from the date of filing of the claim petition till realization. 11. Accordingly, the appeal is allowed in part. The award passed by the learned Motor Accident Claims Tribunal, Bastar at Jagdalpur in Claim Case No.99/2023, is modified to the above extent. Sd/- Rakesh Mohan Pandey JUDGE Nadim