(MAC No.832/2022) 2025:CGHC:51212 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 832 of 2022 1. Smt. Anita Bai, W/o late Shyamlal Bargah, Aged about 36 years, 2. Kumari Shivani Singh, D/o late Shyamlal Bargah, Aged about 19 years 3. Shivam Singh, S/o late Shyamlal Bargah, Aged about 17 years, 4. Sunderam Singh, S/o late Shyamlal Bargah, Aged about 14 years, Appellants No.3 & 4 are minor, represented through mother Smt. Anita Bai, All are R/o Village Piparsatti, Police Station & Tahsil Akaltara, District Janjgir-Champa (C.G.) (Claimants) ... Appellants versus 1. Vinod, S/o Shyamlal Kenwat, Aged about 26 years, R/o Khekhsahi, Kenwatpara, Police Station Chakarbhatha, District Bilaspur (C.G.) (Vehicle Driver) 2. Devcharan, S/o Lachchhiram Kenwat, R/o House No.17, Kenwatpara, Sardha Senwar, Police Station Chakarbhatha, District Bilaspur (C.G.) (Vehicle Owner) 3. Bajaj Allianz General Insurance Company Limited, through the Branch Manager, Branch Office Third Floor, Gurukripa Tower, Behind I.C.I.C.I. Bank, Vyapar Vihar, Tahsil & District Bilaspur (C.G.) (Insurer) ... Respondents For Appellants : Ms. Pranoti Das, Advocate on behalf of Mr. Goutam Khetrapal, Advocate. For Respondent No.3 : Mr. Raj Awasthi, Advocate. SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.10.15 16:23:31 +0530 (MAC No.832/2022) Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 14/10/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act of 1988’) has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 30-6-2022 passed by the 1st Additional Motor Accident Claims Tribunal, Bilaspur in Motor Accident Claim Case No.21/2021, whereby the learned Claims Tribunal has awarded a total sum of ₹ 16,17,895/- as compensation for the death of Shyamlal Bargah, who was a Mason, aged about 36 years at the time of incident. The appellants herein/claimants are wife and children of the deceased, respectively. 2. Ms. Pranoti Das, learned counsel appearing on behalf of the appellants herein/claimants, would submit that income of the deceased has wrongly been assessed by the Claims Tribunal as ₹ 7,555/-, it ought to have been taken as ₹ 9,380/-, as the deceased was unskilled labour, therefore, the compensation should be enhanced and just and proper compensation be awarded. 3. Mr. Raj Awasthi, learned counsel appearing on behalf of respondent No.3 herein/Insurance Company, would support the impugned award and oppose the appeal. Page 3 of 4 (MAC No.832/2022) 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. 5. The learned Claims Tribunal has assessed the monthly income of deceased Shyamlal Bargah to be ₹ 7,555/-, 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 ₹ 9,380/- (as per minimum wages prescribed at relevant time) and ₹ 1,12,560/- per annum. 6. Thus, considering the evidence available on record and that the deceased was Mason, 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 ₹ 7,555/- x 12 = ₹ 90,660/- ₹ 9,380 x 12 = ₹ 1,12,560/- (Yearly Income) 2. Future Prospect (+) 40% i.e. ₹ 36,264; total monthly income = (+) 40% i.e. ₹ 45,024 total yearly income = ₹ 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.832/2022) ₹ 90,660 + 36,264 = ₹ 1,26,924/- 1,12,560 + 45,024 = ₹ 1,57,584/- 3. Deduction (-) 1/4 = ₹ 31,731/- ₹ 1,26,924 – 31,731 = ₹ 95,193/- (-) 1/4 = ₹ 39,396/- ₹ 1,57,584 – 39,396 = ₹ 1,18,188/- 4. Multiplier (x) 15 = ₹ 14,27,895/- (x) 15 = ₹ 17,72,820/- 5. Loss of Estate NIL ₹ 18,000/- 6. Funeral Expenses ₹ 15,000/- ₹ 18,000/- 7. Loss of love and affection ₹ 15,000/- NIL 7. Loss of Consortium ₹ 40,000/- x 4 = ₹ 1,60,000/- ₹ 48,000/- x 4 = ₹ 1,92,000/- Total ₹ 16,17,895/- ₹ 20,00,820/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 16,17,895/- awarded by the Claims Tribunal is enhanced to ₹ 20,00,820/-. Hence, after deducting the amount of ₹ 16,17,895/-, the appellants are held entitled for an additional amount of ₹ 3,82,925/-. 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 @ 7.5% per annum from the date of filing of claim application before the Tribunal i.e. 6-10-2020 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