1 2025:CGHC:50135 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1206 of 2022 1 - Sahdev Singh @ Mosuram S/o Late Dhukkurai Thakur Aged About 62 Years R/o Ganganagar Ward No. 23, Near Pump House Jagdalpur District Bastar Chhattisgarh. 2 - Smt. Parvati Thakur Wd/o Late Ramdas Thakur Aged About 42 Years D/o Shri Sahdev Singh @ Mosuram R/o Ganganagar Ward No. 23, Near Pump House Jagdalpur District Bastar Chhattisgarh. ... Appellants/Claimants versus 1 - Thanuram Sahu S/o Shri Krishna Sahu Aged About 29 Years R/o Gram Jenjra, Yadavpara, Post Sursabandha, Police Station Rajim District- Gariyaband Chhattisgarh. .........Driver. 2 - Hulasram Sahu S/o Shri Shobharam Sahu Aged About 40 Years R/o Gram Jenjra,yadavpara, Post Sursabandha, Police Station Rajim District- Gariyaban Chhattisgarh. .........Owner 3 - Iffco Tokio General Insurance Co. Ltd. Branch Office 305 2nd Floor, K. Complex Ground, Near Dillon Hotel, Nehru Nagar, Bhilai, District- Durg- Durg Chhattisgarh. .........Insurer. ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.10.09 11:08:42 +0530 2 For Appellants : Mr. Vikas Patel on behalf of Mr. P.K. Tulsyan, Advocates 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 08.10.2025 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 15/07/2022 passed by learned First Motor Accident Claims Tribunal, Jagdalpur, District Bastar (C.G.) in Claim Case No. 12/2020, whereby learned Claims Tribunal has awarded a total sum of Rs. 8,64,500/- as compensation to the appellants/claimants for the death of Kameshwar Singh, aged about 44 years, who was working as an unskilled labourer. 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. 7,500/- whereas it ought to be Rs. 8,400/- as per the minimum wage notification prevalent on the date of the accident. He would further 3 submit that the Claims Tribunal has erred in not granting any compensation, therefore, the amount of compensation as awarded by the Claims Tribunal 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. 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. 7,500/-, however, in the opinion of this Court, his monthly income should be Rs. 8,400/- (as per minimum wages prescribed at relevant time) and Rs. 1,00,800/- per annum. 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 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 4 Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 7,500/- x 12 = Rs. 90,000/- Rs. 8,400/- x 12 = Rs. 1,00,800/- 2. Future Prospect (+) 25% i.e. Rs. 22,500/- = Rs. 1,12,500/- (+) 25% i.e. Rs. 25,200/- = Rs. 1,26,000/- 3. Deduction (-) ½ = Rs. 56,250/- (-) ½ = Rs. 63,000/- 4. Multiplier (x) 14 = Rs. 7,87,500/- (x) 14 = Rs. 8,82,000/- 5. Loss of Consortium Rs. 44,000/- Rs. 44,000/- 6. Funeral Expenses Rs. 16,500/- Rs. 18,000/- 7. Loss of Estate Rs. 16,500/- Rs. 18,000/- Total Rs. 8,64,500/- Rs. 9,62,000/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 8,64,500/- awarded by the Claims Tribunal is enhanced to Rs. 9,62,000/-. Hence, the appellants are held entitled for an additional amount of Rs. 97,500/-. Respondent No. 3 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 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. 16/12/2019 till its 3 (2018) 18 SCC 130 5 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