1 2025:CGHC:49867 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 180 of 2023 1 - Anita Kanwar W/o Late Dilip Kanwar Aged About 30 Years R/o Village Belgaon, Tahsil And Thana Dongargarh, District - Rajnandgaon, Chhattisgarh 2 - Hitesh Kanwar S/o Late Dilip Kanwar Aged About 12 Years Minor, Through Their Mother Anita Kanwar , W/o Late Dilip Kanwar,r/o Village Belgaon, Tahsil And Thana Dongargarh, District - Rajnandgaon, Chhattisgarh 3 - Vedika D/o Late Dilip Kanwar Aged About 6 Years Minor, Through Their Mother Anita Kanwar , W/o Late Dilip Kanwar,r/o Village Belgaon, Tahsil And Thana Dongargarh, District - Rajnandgaon, Chhattisgarh 4 - Nokita D/o Late Dilip Kanwar Aged About 3 Years Minor, Through Their Mother Anita Kanwar , W/o Late Dilip Kanwar,r/o Village Belgaon, Tahsil And Thana Dongargarh, District - Rajnandgaon, Chhattisgarh Digitally signed by GOPAL SINGH Date: 2025.10.08 16:11:04 +0530 2 5 - Ganpat Kanwar S/o Late Hirasingh Kanwar Aged About 48 Years R/o Village Belgaon, Tahsil And Thana Dongargarh, District - Rajnandgaon, Chhattisgarh 6 - Sumrat Bai W/o Ganpat Kanwar Aged About 48 Years R/o Village Belgaon, Tahsil And Thana Dongargarh, District - Rajnandgaon, Chhattisgarh ... Appellants versus 1 - Jitendra Kumar S/o Tilok R/o Village Behrampur, Thema, District - Khargon, Madhya Pradesh 2 - Santosh Kumar Yadav S/o Ramlal Yadav R/o Village Behrampur, Tahsil Gogawa, District - Khargon, Madhya Pradesh 3 - The New India Insurance Company Through Its Branch Manager, New Bus Stand Complex, Tahsil And District - Rajnandgaon, Chhattisgarh ... Respondents For Appellants : Ms. Bhavika Kotecha, Advocate For Respondent No.3 : Shri Pankaj Agrawal, Advocate (Single Bench) Hon’ble Shri Justice Sanjay K. Agrawal 3 Order on Board 07/10/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act of 1988’) has been preferred by the appellants/claimants seeking enhancement of the compensation challenging the impugned award dated 28.11.2022 passed by the 3rd Additional Motor Accidents Claims Tribunal, Rajnandgaon (Chhattisgarh) (for short ‘the Claims Tribunal’) in Claim Case No.8 of 2022, whereby the Claims Tribunal has awarded a total sum of Rs.19,79,400 as compensation along with interest @ 8% per annum for death of Dilip Kanwar, aged 34 years, who was working as a driver. 2. Ms. Bhavika Kotecha, learned counsel for the appellants/claimants would submit that the Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. She would also submit that the Claims Tribunal erred in assessing monthly income of the deceased as Rs.9,000. He was working as a driver and, therefore, his monthly income ought to have been taken as Rs.10,000. Therefore, the instant appeal deserves to be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 4 3. Shri Pankaj Agrawal, learned counsel for respondent No.3/insurance company would submit that Rs.9,500 would be appropriate monthly income of the deceased. 4. I have heard learned counsel for the parties, considered their rival submissions made hereinabove and gone through the record minutely. 5. Having gone through the material available on record and having considered the rival submissions, this Court finds that appropriate monthly income of the deceased should be taken as Rs.9,500 and, therefore, the compensation amount is liable to be enhanced. 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, (2017) 16 SCC 680, Sarla Verma and others v. Delhi Transport Corporation and others, (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and others, (2018) 18 SCC 130, this Court computes the compensation as under: Sl. Head Compensation Compensation 5 No. awarded by the Claims Tribunal (Rs.) awarded by this Court (Rs.) 1 Monthly income 9,000 9,500 2 Yearly income 9,000 x 12 = 1,08,000 9,500 x 12 = 1,14,000 3 Future prospect 40% (43,200) 40% (45,600) 4 Deduction towards personal expenses of the deceased 1/4 1/4 (39,900) 5 Yearly income after the deduction 1,08,000+43,200 = 1,51,200-37,800 = 1,13,400 1,14,000+45,600 = 1,59,600- 39,900=1,19,700 6 Multiplier 16 1,13,400x16 = 18,14,400 1,19,700x16 = 19,15,200 7 Loss of Estate 16,500 16,500 8 For Funeral Expenses 16,500 16,500 9 Loss of Consortium 44,000x3=1,32,000 44,000x6= 2,64,000 10 Total Compensation 19,79,400 plus interest @ 8% 22,12,200 plus interest @ 8% 11 Amount to be enhanced 22,12,200-19,79,400 = 2,32,800 plus interest @ 8% 6 7. In view of the aforesaid analysis, the amount of compensation of Rs.19,79,400 awarded by the Claims Tribunal is enhanced to Rs.22,12,200. Hence, after deducting the amount of Rs.19,79,400, the appellants/claimants are held to be entitled to an additional amount of compensation of Rs.2,32,800. The insurance company/respondent No.3 is directed to deposit the amount of compensation as enhanced by this Court within a period of one month from the date of receipt of a copy of this order. The additional amount of compensation shall carry simple interest @ 8% per annum from the date of filing of the claim application before the Claims Tribunal till full realisation of the same. 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 hereinabove. Sd/- (Sanjay K. Agrawal) JUDGE Gopal