1 2025:CGHC:61494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 529 of 2024 1. Smt Ramkumari Tanwar Wd/o Late Brijbhan Singh Aged About 41 Years R/o Makhanpur (Junapara), Tehsil And Post- Pali, District- Korba, Chhattisgarh. 2. Girwaant Singh S/o Late Brijbhan Singh Aged About 23 Years R/o Makhanpur (Junapara), Tehsil And Post- Pali, District- Korba, Chhattisgarh. 3. Rumeshpal Singh S/o Late Brijbhan Singh Aged About 18 Years R/o Makhanpur (Junapara), Tehsil And Post- Pali, District- Korba, Chhattisgarh. 4. Yashraj Singh S/o Late Brijbhan Singh Aged About 16 Years Being Minor Represented By Her Mother Appellant No. 1, R/o Makhanpur (Junapara), Tehsil And Post- Pali, District- Korba, Chhattisgarh. 5. Dhavendra Raj S/o Late Brijbhan Singh Aged About 9 Years Being Minor Represented By Her Mother Appellant No. 1, R/o Makhanpur (Junapara), Tehsil And Post- Pali, District- Korba, Chhattisgarh. ... Appellant(s) versus 1. Kishore Kumar Rajak S/o Dhansay Rajak Aged About 30 Years R/o Bel-Mohallah, Katghora, Tehsil Katghora, District- Korba, Chhattisgarh. (Driver) 2. Smt. Abha Singh Wd/o Late Kishkumar Singh R/o Mannu Chowk, Ramdas Nagar, Tikrapara, Bilaspur Tehsil And Post Bilaspur, Chhattisgarh. (Owner Of Vehicle C.G.-10g1676) 3. The United Insurance Company Ltd. Through Its Branch Manager, T P Nagar, Korba, District : Korba, Chhattisgarh ... Respondent(s) Digitally signed by AJINKYA PANSARE Date: 2025.12.19 10:45:31 +0530 2 For Appellants : Mr. Pallav Mishra, Advocate For Respondent No.1 : Mr. Vijay K. Deshmukh, Advocate For Respondent No.3 : Mr. Anupam Dubey, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 17-12-2025 1) This appeal has been preferred by the appellants/ claimants under Section 173 of Motor Vehicle Act, 1988 assailing the award passed by learned First Additional Motor Accident Claims Tribunal, Katghora, District Korba in Claim Case No. 107/2022 dated 4.1.2024 whereby learned Tribunal has passed an award to the tune of Rs. 24,68,120/- with interest @ 7% on account of death of Brijbhan Singh. 2) Facts of the present case are that on 18.12.2021 at about 5:00 pm, the deceased Brijbhan Singh was returning to Village Makhanpur from Pali on motorcycle as pillion rider. When the motorcycle reached Purana Barrier, Main Road, Pali Chowki, the offending vehicle Bus bearing registration No. CG-10-G-1676 being driven in rash and negligent manner, dashed the motorcycle. In the accident, Brijbhan Singh sustained grievous injuries and died during the course of treatment on 18.3.2022. Claimants, who are the widow and children of the deceased moved claim application claiming therein compensation to the tune of Rs. 57,60,000/-. They pleaded that the deceased was 3 aged 51 years and was earning Rs. 12,000/- per month working as mason. Learned Tribunal framed issues ; parties led evidence and thereafter award impugned was passed. 3) Learned counsel for the appellants submits that learned Tribunal has assessed the notional income of the deceased to be Rs. 6,900/- per month which is not in consonance with the minimum wage matrix applicable in the State of Chhattisgarh at the relevant time. He fairly submits that under conventional heads, learned Claims Tribunal has awarded just and proper compensation. He prays to modify the award accordingly. 4) On the other hand, learned counsel appearing for the respective respondents would oppose. They submit that learned Tribunal has awarded just and proper compensation and this appeal deserves to be dismissed. 5) Heard learned counsel for the parties and perused the record with utmost circumspection. 6) Admittedly, claimants have not placed on record any document to demonstrate the monthly income of the deceased. However, learned Claims Tribunal has assessed the monthly income of the deceased to be Rs. 6,900/- whereas according to the minimum wage matrix applicable in the State of Chhattisgarh, minimum wages payable to an unskilled laborer in December, 2021 was Rs. 9,540/- per month and learned Tribunal ought to have considered 4 that figure. However, under other conventional heads Claims Tribunal has awarded just and proper compensation and same does not warrant any interference. 7) Thus, in light of the aforesaid discussion, this Court is re- computing the compensation as below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Annual Income Rs. 82,800/- (@Rs. 6,900 pm) Rs. 1,14,480/- (@Rs. 9,540 pm) 2. Annual income after Deduction towards personal expenses Rs. 62,100/- (@1/4) Rs. 85,860/- (@1/4) 3. Annual Income adding Future Prospect Rs. 68,310/- (@10%) Rs. 94,446/- (@10%) 4. Annual Income after applying Multiplier Rs. 7,51,410/- (@11) Rs. 10,38,906/- (@11) 5. Medical Bills Rs. 14,23,710/- Rs. 14,23,710/- 6. Conveyance Rs. 15,000/- Rs. 15,000/- 7. Attendant charges Rs. 15,000/- Rs. 15,000/- 8. Loss of Estate Rs. 16,500/- Rs. 16,500/- 9. Funeral expenses Rs. 16,500/- Rs. 16,500/- 10. Loss of Consortium Rs. 2,20,000/- (Rs. 44,000 x 5) Rs. 2,20,000/- (Rs. 44,000 x 5) 11. Transportation of remains Rs. 10,000/- Rs. 10,000/- TOTAL Rs. 24,68,120/- Rs. 27,55,616/- 5 8) Accordingly, the amount of compensation of Rs. 24,68,120/- awarded by the Claims Tribunal is enhanced to Rs. 27,55,616/-. Hence, the appellants are entitled for an additional amount of Rs. 2,87,496/-. The Insurance Company is directed to make payment of additional compensation assessed herein-above within period of 60 days. Rest of the terms of the award shall remain intact. 9) Accordingly, the appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a