1 2025:CGHC:50398 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 553 of 2023 1 - Suresh Markandey S/o Santelal Markandey Aged About 42 Years R/o Village Darchuva, Thana - Simga, Tahsil - Simga, District - Baloada Bazzar, Chhattisgarh 2 - Smt. Shiv Kumari W/o Suresh Markandey Aged About 41 Years R/o Village Darchuva, Thana - Simga, Tahsil - Simga, District - Baloada Bazzar, Chhattisgarh 3 - Ku. Priyanka D/o Suresh Markandey Aged About 19 Years R/o Village Darchuva, Thana - Simga, Tahsil - Simga, District - Baloada Bazzar, Chhattisgarh 4 - Ku. Parvati D/o Suresh Markandey Aged About 17 Years Minor Through Legal Guardian Father Suresh Markandey Appellant No. 1, R/o Village Darchuva, Thana - Simga, Tahsil - Simga, District - Baloada Bazzar, Chhattisgarh 5 - Sourabh S/o Suresh Markandey Aged About 16 Years Minor Through Legal Guardian Father Suresh Markandey Appellant No. 1, R/o Village Darchuva, Thana - Simga, Tahsil - Simga, District - Baloada Bazzar, Chhattisgarh ... Appellants/Claimants versus 1 - Krishna Kumar S/o Sardar Ram Aged About 49 Years R/o Village - Kabarcha, Thana And Tahsil - Narvana District Jind HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.10.09 16:30:34 +0530 2 (Haryana) Pin Code No. 126115. Hall Mukam - Krishna Nagar Dipka, Thana - Dipka, Tahsil And District Korba Chhattisgarh, Pin. Code No. 495452, (Driver Of The Offending Vehicle Tanker No. C.G. 10/c./9622. 2 - Om Satya Fuels Hardi Bazzar Gevra District Korba (Chhattisgarh) Pin Code No. 495452 Address - Garun Nagar Dipka, Tahsil Katghora, District Korba, Chhattisgarh Pin Code No. 495452, (Owmer Of The Offending Vehicle Tanker No. C.G. 10/c./9622) 3 - The United India Insurance Company Limited Branch Office - Guru Kripa Tower, 2nd Floor, In Front Of Amber Auto Mobiles Byapar Vihar Road Bilaspur Tahsil And District Bilaspur Chhattisgarh (Insurer Of The Offending Vehicle Tanker No. C.G. 10/c./9622), ... Respondent(s) For Appellants : Mr. A.L. Singroul, Advocate For Respondent No. 3 : Ms. Vartika Shrivastava on behalf of Mr. P.R. Patankar, Advocates SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 09.10.2025 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 of amount of compensation, challenging the impugned award dated 11/10/2022 passed by learned First Motor Accident Claims 3 Tribunal, Bilaspur, District Bilaspur (C.G.) in Claim Case No. 289/2019, whereby learned Claims Tribunal has awarded a total sum of Rs. 10,88,400/- as compensation to the appellants/claimants for the death of Ashwani Kumar Markandey, aged about 22 years, who was working as a Mason. 2. Learned counsel for the appellants/claimants would submit that the trial Court has erred in granting less compensation as the monthly income of the deceased has been assessed as Rs. 7,000/- whereas it ought to be Rs. 8,140/- as per the minimum wage notification prevalent on the date of the accident. He would further submit that Rs. 15,000/- each has been awarded under loss of estate and for funeral expenses whereas the Tribunal ought to have granted Rs. 16,500/- under the said heads and further no compensation has been granted under loss of consortium, therefore, the compensation awarded by the trial Court may suitably be enhanced. 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation awarded by learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 4 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. A careful perusal of the record would show that the Claims Tribunal has assessed the monthly income of the deceased to be Rs. 7,000/-, however, in the opinion of this Court, his monthly income should be Rs. 8,140/- (as per minimum wages prescribed at relevant time) and Rs. 16,500/- ought to have been awarded for loss of estate as well as for funeral expenses. Moreover, Rs. 88,000/- ought to have been granted as compensation for loss of parental consortium and Rs. 1,32,000/- ought to have been granted for loss of filial consortium. 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:- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 Sr. No . Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 7,000/- x 12 = Rs. 84,000/- Rs. 8,140/- x 12 = Rs. 97,680/- 2. Future Prospect (+) 40% i.e. Rs. 33,600/- = Rs. 1,17,600/- (+) 40% i.e. Rs. 39,072/- = Rs. 1,36,752/- 3. Deduction (-) ½ = Rs. 58,800/- (-) ½ = Rs. 68,376/- 4. Multiplier (x) 18 = Rs. 10,58,400/- (x) 18 = Rs. 12,30,768/- 5. Funeral Expenses Rs. 15,000/- Rs. 16,500/- 6. Loss of Estate Rs. 15,000/- Rs. 16,500/- 7. Loss of Parental Consortium NIL Rs. 88,000/- 8. Loss of Filial Consortium NIL Rs. 1,32,000/- Total Rs. 10,58,400/- Rs.14,83,768/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 10,58,400/- awarded by the Claims Tribunal is enhanced to Rs. 14,83,768/-. Hence, the appellants are held entitled for an additional amount of Rs. 3,95,368/-. Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 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 i.e. 06/03/2019 till 6 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 Harneet