p. 1 (MAC No.231/2022) 2025:CGHC:57253 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 231 of 2022 {Arising out of award dated 20-12-2021 passed by the 1st Additional Motor Accident Claims Tribunal, Katghora, District Korba in Motor Accident Claim Case No.29/2019} 1. Urmila Prajapati, Wd/o Ramesh Prajapati, 44 years 2. Pooja Prajapati, 19 years, 3. Arati Prajapati, 17 years, 4. Bharati Prajapati, 15 years, 5. Krishna Kumar Prajapati, 11 years, A-2 to A-4 are D/o Lt Ramesh Prajapati, A-5 S/o Ramesh Prajapati, A-3 to A-5 are minors hence represented by their natural guardian Mother A-1, All are R/o Bandhapara, Munagadih, Teh. Pali, District Korba, Chhattisgarh. (Claimants) ... Appellants versus 1. Dev Prasad, S/o Raghunath Singh, R/o Lancha, Post Bishrampur, District Surajpur, Chhattisgarh. (Vehicle Driver) 2. Rana Parvin, W/o Shakil Ahamad, Ward No.20, Rasulpur, District Sarguja, Chhattisgarh. (Vehicle Owner) 3. HDFC Irgo General Insurance Com. Ltd., 3rd Floor, Chawla Complex, Devendra Nagar Road, Sai Nagar, Raipur, District Raipur, Chhattisgarh. (Insurer) ... Respondents SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.11.27 10:58:25 +0530 p. 2 (MAC No.231/2022) For Appellants : Mr. Pallav Mishra, Advocate. For Respondent No.3 : Mr. Ashish Pandey, Advocate on behalf of Mr. Nilesh Kumar Thakur, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 25/11/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 20-12-2021 passed by the 1st Additional Motor Accident Claims Tribunal, Katghora, District Korba in Motor Accident Claim Case No.29/2019, whereby the learned Claims Tribunal has awarded a total sum of ₹ 12,76,750/- as compensation for the death of Ramesh Prajapati, who was a Cook, aged about 46- 47 years at the time of incident. The appellants herein/ claimants are wife and children, respectively, of deceased Ramesh Prajapati. 2. Mr. Pallav Mishra, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the deceased was a Cook and the learned Claims Tribunal ought to have taken his monthly income to be ₹ 8,140/- on the basis of notification issued under the Minimum Wages Act in the year 2021, whereas, it has been taken as ₹ 7,000/, therefore, the amount of compensation be enhanced suitably. Page 3 of 4 (MAC No.231/2022) 3. Mr. Ashish Pandey, learned counsel appearing on behalf of respondent No.3 herein/Insurance Company, would support the impugned award and oppose the appeal. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. 5. The learned Claims Tribunal has assessed the monthly income of deceased Ramesh Prajapati to be ₹ 7,000/-, 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 ₹ 8,140/- (as per minimum wages prescribed at relevant time). 6. Thus, considering the evidence available on record and that the deceased was a Cook, 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 ₹ 7,000/- ₹ 8,140/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 p. 4 (MAC No.231/2022) 2. Future Prospect (+) 25% i.e. ₹ 1,750; total monthly income = ₹ 7,000 + 1,750 = ₹ 8,750/- (total monthly income) Yearly Income = ₹ 8,750 x 12 = ₹ 1,05,000/- (+) 25% i.e. ₹ 2,035; total monthly income = ₹ 8,140 + 2,035 = ₹ 10,175/- (total monthly income) Yearly Income = ₹ 10,175/- x 12 = 1,22,100/- 3. Deduction (-) ¼ = ₹ 26,250/- ₹ 1,05,000 – 26,250 = ₹ 78,750/- (-) ¼ = ₹ 30,525/- ₹ 1,22,100 – 30,525 = ₹ 91,575/- 4. Multiplier (x) 13 = ₹ 10,23,750/- (x) 13 = ₹ 11,90,475/- 5. Loss of Estate ₹ 16,500/- ₹ 16,500/- 6. Funeral Expenses ₹ 16,500/- ₹ 16,500/- 7. Loss of Spousal Consortium ₹ 44,000/- x 5 = ₹ 2,20,000/- ₹ 44,000/- x 5 = ₹ 2,20,000/- Total ₹ 12,76,750/- ₹ 14,43,475/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 12,76,750/- awarded by the Claims Tribunal is enhanced to ₹ 14,43,475/-. Hence, after deducting the amount of ₹ 12,76,750/-, the appellants are held entitled for an additional amount of ₹ 1,66,725/-. 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 @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 20-2-2019 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