(MAC No.536/2023) 2025:CGHC:53882 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 536 of 2023 {Arising out of award dated 16-2-2023 passed by the 2nd Additional Motor Accident Claims Tribunal, Bilaspur in Motor Accident Claim Case No.1226/2021} Smt. Janki Bai, W/o Late Hemlal Gaikwad, Aged about 50 years, R/o Village Gandhirwadih, Police Station Pathariya, Tahsil Pathariya, District Mungeli, Chhattisgarh (Claimant) ... Appellant versus 1. Deepak Kumar Verma, S/o Radheshyam Verma, Aged about 24 years, Occupation Driver, R/o Village Rambod, Police Station & Tahsil Sargaon, District Mungeli, Chhattisgarh. (Driver of Vehicle) CG-28/L-3143 2. Manharan Adil, S/o Dhelauram Adil, Aged about 41 years, R/o Village Rambod, Police Station & Tahsil Sargaon, District Mungeli, Chhattisgarh. (Owner of Vehicle) CG-28/L-3143 3. TATA A.I.G. General Insurance Company Ltd., Through Branch Manager, Branch Office T-8, 4th Floor, Gwalani Chamber, Near ICICI Bank, Vyapar Vihar Road, Police Station Tarbahar, Tahsil & District Bilaspur, Chhattisgarh. (Insurance Company of the vehicle) CG-28/L-3143 (Non-applicants) ... Respondents For Appellant : Mr. Vipin Singh Thakur, Advocate. For Respondent No.3 : Mr. Saurabh Gupta, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.11.06 16:11:02 +0530 (MAC No.536/2023) Judgment on Board 04/11/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant herein/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 16-2-2023 passed by the 2nd Additional Motor Accident Claims Tribunal, Bilaspur in Motor Accident Claim Case No.1226/2021, whereby the learned Claims Tribunal has awarded a total sum of ₹ 6,87,760/- as compensation for the death of deceased Hemlal Gaikwad, who was an unskilled labour, aged about 55 years at the time of incident. The appellant herein/ claimant is wife of the deceased. 2. Mr. Vipin Singh Thakur, learned counsel appearing on behalf of the appellant herein/claimant, would submit that income of the deceased has wrongly been assessed by the Claims Tribunal as ₹ 7,800/-, it ought to have been taken as ₹ 8,960/-, as the deceased was an unskilled labour, therefore, the compensation should be enhanced and just and proper compensation be awarded. 3. Mr. Saurabh Gupta, learned counsel appearing on behalf of respondent No.3 herein/Insurance Company, would support the impugned award and oppose the appeal. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection. (MAC No.536/2023) 5. The learned Claims Tribunal has assessed the monthly income of deceased Hemlal Gaikwad to be ₹ 7,800/-, 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 ₹ 8,960/- (as per minimum wages prescribed at relevant time) and ₹ 1,07,520/- per annum. 6. Thus, considering the evidence available on record and that the deceased was an unskilled labour, 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. v. 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:- S. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation 1. Income ₹ 7,800/- x 12 = ₹ 93,600/- (Yearly Income) ₹ 8,960 x 12 = ₹ 1,07,520/- (Yearly Income) 2. Future Prospect (+) 10% i.e. ₹ 9,360/- total yearly income = ₹ 93,600 + 9,360 = ₹ 1,02,960/- (+) 10% i.e. ₹ 10,752/- total yearly income = ₹ 1,07,520 + 10,752 = ₹ 1,18,272/- 3. Deduction (-) 1/3 = ₹ 34,320/- ₹ 1,02,960 – 34,320 = ₹ 68,640/- (-) 1/3 = ₹ 39,424/- ₹ 1,18,272 – 39,424 = ₹ 78,848/- 4. Multiplier (x) 9 = ₹ 6,17,760/- (x) 11 = ₹ 8,67,328/- 5. Loss of Estate ₹ 15,000/- ₹ 16,500/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.536/2023) 6. Funeral Expenses ₹ 15,000/- ₹ 16,500/- 7. Loss of Consortium ₹ 40,000/- ₹ 44,000/- Total ₹ 6,87,760/- ₹ 9,44,328/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 6,87,760/- awarded by the Claims Tribunal is enhanced to ₹ 9,44,328/-. Hence, after deducting the amount of ₹ 6,87,760/-, the appellant is held entitled for an additional amount of ₹ 2,56,568/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 11-8-2021 till its realisation. 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 Soma