1 MAC No. 424 of 2022 2025:CGHC:50890 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 424 of 2022  Smt. Geeta Sarkar W/o Vilas Sarkar, Aged About 42 Years, R/o Vilalge P.V 68 P.S. and Tahsil Pakhanjur, District Uttar Baster Kanker Chhattisgarh. ... Appellant versus 1.Rakesh Mandal S/o Shivpad Mandal, Aged About 28 Years, R/o Village P.V. 07, Chote Kapasi Thana and Tehsil Pakhanjur, District Uttar Baster Kanker Chhattisgarh. 2.Sushant @ Sumto Chakravarti S/o Bal Chakravarti, Aged About 24 Years, R/o Thana and Tehsil Pakhanjur, District U.B. Kanker. 3.Reliance General Insurance Co. Ltd, Branch Office Number 516, 5th Floor, National Corporate Park, Commercial Complex, G.E. Road Raipur, District Raipur, Chhattisgarh Pin 494099. ... Respondents For Appellant :- Ms. Bhavika Kotecha, Advocate. For Respondent No.3 :- Ms. Harneet Kaur, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.10.15 10:43:12 +0530 2 MAC No. 424 of 2022 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 13.10.2025 1.This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 30.11.2021 passed by the Additional Motor Accident Claims Tribunal, Bhanupratappur, District Uttar Baster Kanker, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 30/2019 whereby learned Claims Tribunal has awarded a sum of 7,47,600/- ₹ as compensation along with interest for death of Vikram Sarkar. 2.Ms. Bhavika Kotecha, learned counsel for the appellant, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. She would also submit that the Claims Tribunal erred in assessing income of deceased as ₹6,000/- per month which should be 8,400/- as ₹ 3 MAC No. 424 of 2022 per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh and also under the head of consortium amount has not been awarded by the Claims Tribunal which is liable to be awarded, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3.Ms. Harneet Kaur, learned counsel for the Insurance Company/respondent No.3, would submit that the appellant has failed to prove nature of occupation and income of deceased by producing clinching and admissible piece of evidence and also the age of the deceased, hence, the Tribunal is justified in assessing income of deceased persons on notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 4.I have heard learned counsel for the parties, considered their rival submissions made herein- 4 MAC No. 424 of 2022 above and gone through the records meticulously. 5.Learned Claims Tribunal assessed the monthly income of deceased to be 6,000/-, 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 ₹8,400/- (as per minimum wages prescribed at relevant time) and ₹1,00,800/- per annum. Moreover, under the head of consortium the amount is also liable to be awarded, as such, the compensation amount is liable to be enhanced. 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 Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 5 MAC No. 424 of 2022 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 6 ₹ ,000 x 12 = ₹ 72,000/- ₹ 8,400 x 12 = 1,00,800/- ₹ 2. Future prospect (+) 40% = 28,800/- total ₹ income = ₹ 1,00,800/- (+) 40% = 40,320/- ₹ total income = ₹ 1,41,120/- 3. Deduction (-) ½ = 50,400/- ₹ ₹1,00,800–50,400= ₹50,400/- (total income) (-) ½ = 70,560/- ₹ ₹1,41,120–70,560= 70,560/- (total ₹ income) 4. Multiplier (x) 18 = 9,07,200/- ₹ (x) 18 = 12,70,080/- ₹ 5. Loss of Estate ₹15,000/- 15,000/- ₹ 6. Funeral Expenses ₹15,000/- 15,000/- ₹ 7. Consortium N/A 40,000/- ₹ Total ₹9,37,200/- ₹13,40,080 /- 7.In view of the aforesaid analysis, the amount of compensation of 9,37,200/- ₹ awarded by the Claims Tribunal is enhanced to 13,40,080 ₹ /-. Hence, after deducting the amount of ₹9,37,200/- , the appellant is held to be entitled to an additional amount of ₹4,02,880/- . The concerned respondent is 3 (2018) 18 SCC 130 6 MAC No. 424 of 2022 directed to deposit the amount of compensation as enhanced by this Court within a period of three 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 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 Ankit