1 2025:CGHC:57255 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1377 of 2023 1 - Smt. Arati Suryavanshi W/o Late Chaitram Suryavanshi Aged About 30 Years Resident Of Ward No. 13, Mahmand, P.S. Torwa, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh. 2 - Pratyush Suryavanshi S/o Late Chaitram Suryavanshi Aged About 13 Years Minor Through Legal Natural Guardian Mother Smt. Arati Suryavanshi, Resident Of Ward No. 13, Mahmand, P.S. Torwa, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh 3 - Ku. Swati Suryavanshi D/o Late Chaitram Suryavanshi Aged About 9 Years Minor Through Legal Natural Guardian Mother Smt. Arati Suryavanshi, Resident Of Ward No. 13, Mahmand, P.S. Torwa, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh 4 - Jamuna Suryavanshi W/o Late Bhagirathi Suryavanshi Aged About 55 Years Resident Of Ward No. 13, Mahmand, P.S. Torwa, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh ... Appellants/Claimants versus 1 - Ramesh Prasad Vishwakarma S/o Sudama Prasad Vishwakarma Aged About 45 Years Resident Of Ward No. 10, HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.26 11:10:10 +0530 2 Naya Basti, Pauradhar, Bhalumada, P.S. Bhalumada, Tahsil Kotma, District Anuppur (M.P.), (Driver And Owner Of Offending Vehicle Bolero Registration No. M.P.-20-Ta-0182) 2 - The New India Company Ltd. Through Branch Manager, Branch Office Second Floor, Rama Trades Center, Infront Of Rajeev Plaza, Near Old Bus Stand Road, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh, (Insurer Of Offending Vehicle Bolero Registration No. M.P.-20-Ta-0182) ... Respondent(s) For Appellants : Mr. Vipin Singh Thakur, Advocate For Respondent No. 2 : Mr. Qamrul Aziz, Advocate SB- 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 (for short “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of amount of compensation, challenging the impugned award dated 06/04/2023 passed by learned 8th Upper Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 355/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 20,64,752/- as compensation to the appellants/claimants for the death of Chaitram 3 Suryawanshi, aged about 32 years, who worked as an unskilled labourer. 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. 9,220/- whereas it ought to be Rs. 9,610/- as per the minimum wage notification prevalent on the date of the accident. He would further submit that the Claims Tribunal has awarded Rs. 15,000/- each under loss of estate and funeral expenses whereas it ought to have awarded Rs. 16,500/- under both of these heads. 3. Learned counsel for respondent No. 2 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. 9,220/-, however, in the opinion of this Court, his monthly income should be Rs. 9,610/- (as per 4 minimum wages prescribed at relevant time). Moreover, Rs. 16,500/- each ought to have been awarded under the heads of loss of estate and funeral expenses. 6. Thus, in light of the aforesaid discussion, this Court is computing the compensation as stated below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 9,220/- x 12 = Rs. 1,10,640/- Rs. 9,610/- x 12 = Rs. 1,15,320/- 2. Future Prospect (+) 40% i.e. Rs. 44,256/- = Rs. 1,54,896/- (+) 40% i.e. Rs. 46,128/- = Rs. 1,61,448/- 3. Deduction (-) ¼ i.e. Rs. 38,724/- = Rs. 1,16,172/- (-) ¼ i.e. Rs. 40,362/- = Rs. 1,21,086/- 4. Multiplier (x) 16 = Rs. 18,58,752/- (x) 16 = Rs. 19,37,376/- 5. Loss of Consortium Rs. 44,000/- x 4 = Rs. 1,76,000/- Rs. 44,000/- x 4 = Rs. 1,76,000/- 6. Loss of Estate Rs. 15,000/- Rs. 16,500/- 7. Funeral Expenses Rs. 15,000/- Rs. 16,500/- Total Rs. 20,64,752/- Rs. 21,46,376/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 20,64,752/- awarded by the Claims Tribunal is enhanced to Rs. 21,46,376/-. Hence, the appellants are held entitled for an additional amount of Rs. 81,624/-. Respondent No. 2 is directed to deposit the 5 amount of compensation as enhanced by this Court within a period of 45 days 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. 01/02/2021 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