1 2025:CGHC:50832 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 880 of 2020 1 - Baran Paikra S/o Late Dhundhriha Paikra Aged About 51 Years Occupation Agriculturist, R/o Village Bulanga Police Station And Tahsil Lundra, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 2 - Smt. Pati Bai W/o Baran Paikra Aged About 49 Years Occupation House Wife, R/o Village Bulanga Police Station And Tahsil Lundra, District Surguja Chhattisgarh. (Claiments), District : Surguja (Ambikapur), Chhattisgarh ... Petitioner(s) versus 1 - Ranjeet Kumar Mourya S/o Luxman Mourya Aged About 28 Years R/o Village Kotlopur Post Madhupur Police Station Rabertsganj, District Sonbhadra Uttar Pradesh. (Driver), District : Sonbhadra, Uttar Pradesh 2 - Smt. Pushplata Verma W/o Sunil Verma Aged About 40 Years Occupation Transporting R/o Village - Babhanouli, Post - Tendu Police Station Rabertsganj District Sonbhadra Uttar Pradesh. (Owner), District : Sonbhadra, Uttar Pradesh 3 - The Branch Manager The Oriental Insurance Company Ltd. Branch Office Shop No. 3 And 4, 1st Floor Sebhara Complex Civil Lines Road Rabertsganj District Sonbhadra Uttar Pradesh Through Divisional Manager, Oriental Insurance Company Ltd. Branch Office Near Ambedkar Chowk Manendragarh Chowk Nagar Ambikapur District Surguja Chhattisgarh. (Insurer), District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) NIRMALA RAO 2 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- For Appellants : Ms. Akanksha Vishwakarma, Advocate holding the brief of Shri A.N. Pandey, Advocate. For Respondent No.3 : Shri Deepak Gupta, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 13.10.2025 1. The appellants have filed this appeal under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 3.3.2020, passed in Claim Case No.135 of 2019 by the learned Motor Accident Claims Tribunal Ambikapur, District Surguja, whereby the learned Tribunal passed an award to the tune of Rs.7,50,400/- and directed the Insurance Company to make payment with interest @ 7% per annum on account of death of Muneshwar Paikra. 2. Learned counsel for the appellants would submit that on 11.4.2019 when the deceased alongwith his father was going on his bike to village Matigada, offending vehicle Pick-up bearing registration No.U.P. 64 T 6007 dashed rashly and negligently and consequently, the deceased sustained grievous injuries and succumbed to death. She would argue that the learned Tribunal has considered the notional income as Rs.4,500/-, whereas, the minimum wages payable to an unskilled labourer in the month of April, 2019 was Rs.7,800/-. She would submit that the learned Tribunal has not awarded compensation for loss of consortium to one of the claimants. She would pray to enhance the compensation. 3. On the other hand, learned counsel for respondent No.3 would oppose the submissions made by counsel for the appellants. He would submit 3 that learned Tribunal has awarded just and proper compensation. 4. Heard learned counsel for the parties and perused the documents present on the record with utmost circumspection. 5. The deceased was an unmarried person, who died in a road accident on 11.4.2019. The learned Tribunal has assessed the notional income of the deceased as Rs.4,500/-, whereas the minimum wages payable to an unskilled labourer in April, 2019 was Rs.7,800/-. Thus, it is evident that the learned Tribunal assessed the notional income on the lower side. Further, a perusal of the award would reveal that the learned Tribunal has not granted compensation for loss of consortium to one of the claimants. Accordingly, the compensation requires reconsideration and same is being recomputed herein-below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 4,500 x12 = Rs. 54,000/- Rs. 7,800 x 12 = Rs. 93,600/- 2. Future Prospect 40% - 21,600/- (54,000 + 21,600 = 75,600/-) 40% - 37,440/- (93,600 + 37,440 = 1,31,040/-) 3. Deduction (-) 50% (37,800/-) (75,600 – 37,800 = 37,800/- (-) 50% (65,520/-) (i.e. Rs. 1,31,040-65,520) = Rs. 65,520/- 4. Multiplier (x) 18 = Rs. (37,800 x 18 = 6,80,400/-) (x) 18 = Rs. (65,520 x 18 = 11,79,360/-) 5. Loss of Estate Rs. 15,000/- Rs. 15,000/- 6. Funeral expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium Rs. 40,000/- Rs. 88,000/- (40,000 + 48,000 = 88,000/-) TOTAL Rs. 7,50,400/- Rs. 12,97,360/- 4 6. In view of the aforesaid analysis, the amount of compensation of Rs.7,50,400/- awarded by the Claims Tribunal is enhanced to Rs.12,97,360/-. Hence, after deducting the amount of Rs.7,50,400/-, the appellants/claimants are entitled for an additional amount of Rs.5,46,960/-. The Insurance Company 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 @ 7% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 7. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Nimmi