1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1019 of 2020 1 - Smt. Pramila Chouhan @ Parmila Chouhan W/o Late Alok Singh @ Mangal Aged About 21 Years Occupation House Wife, R/o Ward No. 41 Navagarh Ambikapur P. S. And Tahsil Ambikapur District Surguja Chhattisgarh. 2 - Ku. Khushi Chouhan D/o Late Alok Singh @ Mangal Aged About 4 Month, Appellant No. 02 Is Minor Through Natural Guardian Mother Appellant No. 01 Smt. Pramila Chouhan @ Parmila Chouhan W/o Late Alok Singh @ Mangal R/o Ward No. 41 Navagarh Ambikapur P. S. And Tahsil Ambikapur District Surguja Chhattisgarh .......Claimants. 3 - Chulu Narayan Singh S/o Phagu Ram Aged About 50 Years Occupation Agriculture R/o Ward No. 04, Sattitikara Pendari Nawadih, Tahsil Pratappur District Surajpur Chhattisgarh ........Claimants. ... Appellants versus 1 - Dharamdev S/o Ramvilash Harijan Aged About 29 Years Occupation Driver Of Vehicle R/o Village Madhupur, P. S. Rabertganj District Sonbhadra U. P. .........Driver 2 - Anupam Pandey S/o Suresh Pandey Aged About 25 Years Occupation Transporting Village Madhupur, P. S. Rabertganj, District Sonbhadra Uttar Pradesh .........Owner 3 - The Branch Manager The New India Insurance Company Ltd. Branch Office Truck Road Sokhi Plaza Rabertganj District Uttar Pradesh Through Branch Manager Branch Office Ambika Petrol Pump Campus Near Ambedkar Chowk Nagar Ambikapur District Suraguja Chhattisgarh.......Insurer, ... Respondent(s) 2 For Appellants : Mr. Shubham Tiwari, Advocate, holding the brief of Mr. A. N. Pandey, Advocate For Respondent No.3/Insurance Company : Ms. Swati Agrawal, Advocate, holding the brief of Mr. Pankaj Agrawal, Advocate For Respondents No.1 & 2 : Mr. Krishna Kant Prajapati, Advocate, holding the brief of Mr. D. N. Prajapati, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 12/11/2025 1. The appellants/claimants have filed this appeal for enhancement of compensation against award dated 20.02.2020, passed in Claim Case No.204/2019, by learned Motor Accident Claims Tribunal, Ambikapur, District Surguja, whereby the learned Tribunal has granted compensation to the tune of Rs. 10,78,000/- with interest @ 7% per annum on account of death of Alok Singh @ Mangal. 2. The facts of the present case in brief are that on 13.08.2019, the deceased Alok Singh @ Mangal Singh, who was a passenger in Auto bearing Registration No. CG-15-A.D.0993, & it was dashed by the Truck bearing registration No. UP-64-AT-8866. Resultantly, the deceased sustained injuries and died during the course of treatment. 3. The Claimants who are widow, daughter and father of the deceased filed claim case under Section 166 of the Motor Vehicle Act, inter alia, on the ground that on the date of accident, age of the deceased was 3 25 years and earning Rs. 12,000/- per month. The claimants claimed Rs. 29,44,000/- as compensation. 4. The owner and driver of the offending vehicle as well as insurance company filed reply to the claim case and denied its contents. The learned Tribunal framed issues, parties led evidence and award was passed. 5. Mr. Tiwari would argue that the learned Tribunal assessed notional income of the deceased @ Rs. 5,000/- which is at lower side as learned Tribunal failed to apply minimum wages matrix applicable at the relevant time in the State of Chhattisgarh. The learned Tribunal has awarded compensation for loss of consortium to widow of the deceased only; thus, he would pray to enhance the compensation. 6. On the other hand, learned counsel appearing for the respondents would oppose the submissions advanced by counsel for the appellants and submit that the learned Tribunal has granted just and proper compensation to the claimants. 7. Heard learned counsel for the parties and perused the record. 8. Admittedly, the deceased was aged about 25 years though the claimants pleaded income of the deceased @ Rs. 12,000/- per month, but failed to adduce evidence to prove it. As there was no evidence, the learned Tribunal ought to have assessed the income of the deceased as per minimum wages matrix. According to the minimum wages matrix, applicable in the State of CG, the minimum wage admissible to an 4 unskilled labouer in the month of October, 2019 was Rs. 8,600/- and the learned Tribunal ought to have taken into consideration that figure to compute the compensation. Further, the learned Tribunal has not awarded compensation for loss of consortium to the claimants No.2 & 3, who are daughter and father of the deceased; thus, the compensation requires reconsideration and same is being revisited hereinbelow:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income 5,000 x 12 = 60,000/- 8,600 x 12 = 1,03,200/- 2. Future Prospect 40% = 84,000/- 40% = 1,44,480/- 3. Deduction 1/3 = 56,000/- 1/3= 96,320/- 4. Multiplier X18 = 10,08,000/- X 18 = 17,33,760/- 5. Loss of Estate 15,000/- 15,000/- 6. Funeral expenses 15,000/- 15,000/- 7. Loss of Consortium (appellant No.1) 40,000 (Appellants No.2 & 3, 40,000 x2 +20%), appellant No.1 = 96,000 + 40,000 = 1,36,000/- Total Rs.10,78,000 Rs.18,99,760/- Final Compensation Rs.18,99,760 - 10,78,000 Rs. 8,21,760/- 5 9. In view of the above calculation, the claimants shall be entitled to an additional sum of Rs. 8,21,760/-. The insurance company is directed to pay the enhanced compensation Rs. 8,21,760/- with interest @9% to the appellants/claimants within a period of 60 days. Rest of the terms and conditions of the award shall remain intact. 10.Accordingly, this appeal is allowed in part. Sd/- Rakesh Mohan Pandey JUDGE Nadim