-1- 2025:CGHC:51088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1954 of 2024 1 - Resham Bai W/o Late Dhansai Sahu Aged About 44 Years (Wife) R/o Village Kharwani Beladula, Police Station And Tahsil Malkharauda (Now Distt.- Sakti, C.G.) 2 - Hem Kumari D/o Late Dhansai Sahu Aged About 20 Years (Daughter) R/o Village Kharwani Beladula, Police Station And Tahsil Malkharauda (Now Distt.- Sakti, C.G.) 3 - Vishnu Prasad S/o Late Dhansai Sahu Aged About 19 Years (Son) R/o Village Kharwani Beladula, Police Station And Tahsil Malkharauda (Now Distt.- Sakti, C.G.) 4 - Geeta Bai D/o Late Dhansai Sahu Aged About 24 Years (Daughter) R/o Village Kharwani Beladula, Police Station And Tahsil Malkharauda (Now Distt.- Sakti, C.G.) 5 - Hemlata D/o Late Dhansai Sahu Aged About 22 Years (Daughter) R/o Village Kharwani Beladula, Police Station And Tahsil Malkharauda (Now Distt.- Sakti, C.G.) ( 6 - Indarmati W/o Late Trimbaklal Sahu, (Mother Died / Deleted) R/o Village Kharwani Beladula, Police Station And Tahsil Malkharauda (Now Distt.- Sakti, C.G.) (Claimant) ... appellants/claimants versus 1 - Balram Sahu S/o Umashankar Sahu Aged About 40 Years R/o Village Kalmi, Ward No. 16, Bastipara, Police Station And Tahsil Sakti, District Sakti, C.G. (Driver) 2 - Sanjay Kumar Yadav S/o Vijendra Prasad Yadav R/o Village House No. 58 Navagaon, Sanjay Bihari Dhaba Bhathori, Police Station And Tahsil Basna, District Mahasamund, C.G. (Owner) 3 - Branch Manager Chola Mandalam M. S. Genral Insurance Company Limited, Ward No. 25 (Guru Govind Singh Ward ) 2 Floor Simran Towers Pandri, Road, Behind L.I.C. Bhavan Raipur, Tahsil And District Raipur, C.G. (Insurance Company) ... Respondents For Appellants/Claimants : Mr. Deepak Kumar Singh, Advocate For Respondent No.3 : Mr. Sangeet Kumar Kushwaha, Adv. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 14.10.2025 1) Heard. 2) The appellants/claimants have filed this appeal for enhancement of compensation against an award passed by the learned Second -2- Additional Motor Accidents Claims Tribunal, Sakti, District Janjgir- Champa in Claim Case No.11/2023 dated 26.06.2024 whereby, the learned Tribunal has passed an award to the tune of Rs.10,93,750/- with interest @ 6% per annum on account of death of Dhansai Sahu. 3) Learned counsel appearing for the appellants/claimants would submit that on 30.11.2022 at about 8:00 p.m. when the deceased Dhansai Sahu along with his daughter Hem Kumari were going to Village Kalmi, driver of the offending vehicle Hiva bearing registration No.C.G.10/R/2009 dashed motorbike by driving the vehicle rashly and negligently, consequently, Dhansai Sahu sustained injuries and died. He would contend that at the time of accident, age of the deceased was 50 years, he was a mason and earning Rs.15,000/- per month. Mr. Singh would submit that the learned Tribunal has assessed notional monthly income of deceased Rs.7,000/- which is at lower side and further failed to award compensation for loss of consortium to four other claimants. He would pray to enhance the compensation accordingly. 4) On the other hand, learned counsel appearing for the respondent/Insurance company would oppose the submissions made by Mr. Singh. He would submit that the learned Tribunal has passed just and proper compensation. He would further submit that the appeal deserves to be dismissed. 5) I have heard the learned counsel appearing for the parties and perused the record with utmost circumspection. 6) Admittedly, age of the deceased was 50 years and he was a mason and -3- learned Tribunal has assessed monthly notional income of deceased Rs.7,000/- per month whereas, as per minimum wages matrix applicable in the State of Chhattisgarh, the minimum wages payable to semi-skilled labourer in the month of November, 2022 was Rs.10,350/-, therefore, the income part of the deceased requires reconsideration. 7) Further, the learned Tribunal has awarded Rs.40,000/- for loss of consortium out of five claimants. The claimants are wife and children of the deceased and they are entitled for compensation for loss of consortium. 8) Considering the above-discussed facts, the compensation part is being revisited herein below : Sr.No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs.7000x12=Rs. 84,000/- Rs.10350 x 12 = Rs.1,24,200/- 2. Future Prospect 25% = Rs.21,000/- 25% = Rs.31,050/- 3 Deduction 1/4 = Rs.26,250/- 1/4 = Rs.38,812/- 4. Multiplier (x) 13 = Rs. 10,23,750/- (x) 13 =Rs.15,13,694/- 5. Funeral expenses Rs. 15,000/- Rs. 15,000/- 6. Loss of Estate Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium Rs.40,000/- Rs.40,000/- x 5 = Rs.2,00,000/- 8. Total Rs. 10,93,750/- Rs.17,43,694/- -4- 9) Accordingly, the amount of compensation of Rs.10,93,750/- awarded by the Claims Tribunal is enhanced to Rs.17,43,694/-. Hence, after deducting the amount of Rs.10,93,750/-, the appellants are entitled for an additional amount of Rs.6,49,944/-. 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. 10) 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