1 2025:CGHC:50134 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 600 of 2022 1 - Smt. Ganga Dhruv W/o Naresh Dhruv Aged About 35 Years R/o Village Barbandha, Police Station Keregaon, Tahsil Nagri, District Dhamtari Chhattisgarh., District : Dhamtari, Chhattisgarh 2 - Shivkumar Dhruv S/o Naresh Dhruv Aged About 17 Years Minor Through Their Natural Guardian Mother Smt. Ganga Dhruv, R/o Village Barbandha, Police Station Keregaon, Tahsil Nagri, District Dhamtari Chhattisgarh. 3 - Rahul Kumar Dhruv S/o Naresh Dhruv Aged About 13 Years Minor Through Their Natural Guardian Mother Smt. Ganga Dhruv, R/o Village Barbandha, Police Station Keregaon, Tahsil Nagri, District Dhamtari Chhattisgarh. 4 - Smt. Bhagabai Dhruv S/o Narayan Dhruv Aged About 50 Years R/o Village Barbandha, Police Station Keregaon, Tahsil Nagri, District Dhamtari Chhattisgarh. ... Appellants/Claimants versus 1 - Dinesh Kumar Soni S/o Manohar Sori Aged About 43 Years R/o Village Barbandha, Police Station Keregaon, Tahsil Nagri, District Dhamtari Chhattisgarh . (Driver Of Offending Vehicle), District : Dhamtari, Chhattisgarh HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.10.09 15:16:59 +0530 2 2 - Lokpal Yadav S/o Shyamlal Yadav R/o Uparwara, Village Barari, Tahsil And District Dhamtari Chhattisgarh. (Owner Of Offending Vehicle), District : Dhamtari, Chhattisgarh 3 - Cholamandalam M.S. General Insurance Company Limited Branch Office Simran Tower , 2nd Floor Pandri Road , Infront Of L.I.C. Building , Raipur , District Raipur Chhattisgarh. (Insurer Of Offending Vehicle) ... Respondent(s) For Appellants : Mr. Anil Gulati, Advocate For Respondent No. 3 : Mr. Sangeet Kumar Kushwaha, Advocate 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 27/11/2021 passed by learned First Motor Accident Claims Tribunal, Dhamtari, District Dhamtari (C.G.) in Claim Case No. 20/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 12,04,000/- as compensation to the appellants/claimants for the death of Naresh Kumar 3 Korram, aged about 39 years, who was working as a Mason. 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. 6,000/- whereas it ought to be Rs. 8,960/- as per the minimum wage notification prevalent on the date of the accident, therefore, the compensation awarded by the trial Court 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. 6,000/-, however, in the opinion of this Court, his monthly income should be Rs. 8,960/- (as per minimum wages prescribed at relevant time) and Rs. 1,07,520/- per annum. 4 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 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. 6,000/- x 12 = Rs. 72,000/- Rs. 8,960/- x 12 = Rs. 1,07,520/- 2. Future Prospect (+) 40% i.e. Rs. 28,800/- = Rs. 1,00,800/- (+) 40% i.e. Rs. 43,008/- = Rs. 1,50,528/- 3. Deduction (-) ¼ = Rs. 75,600/- (-) ¼ = Rs. 1,12,896/- 4. Multiplier (x) 15 = Rs. 11,34,000/- (x) 15 = Rs. 16,93,440/- 5. Loss of Consortium Rs. 40,000/- Rs. 1,76,000/- 6. Funeral Expenses Rs. 15,000/- Rs. 18,000/- 7. Loss of Estate NIL Rs. 18,000/- 8. Loss of Love and Affection Rs. 15,000/- NIL Total Rs. 12,04,000/- Rs.19,05,440/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 12,04,000/- awarded by the Claims Tribunal is enhanced to Rs. 19,05,440/-. Hence, the 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 appellants are held entitled for an additional amount of Rs. 7,01,440/-. Respondent No. 3 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 @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 27/01/2021 till its 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