1 2025:CGHC:49045 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 303 of 2023 1 - Venkat Rao S/o Narsingh Rao Aged About 60 Years R/o Mahadev Ghat, Bhoramdev Ghat, Behind Collector House, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh 2 - Smt. Achiamma Rao W/o Venkat Rao Aged About 58 Years R/o Mahadev Ghat, Bhoramdev Ghat, Behind Collector House, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh ... Appellants/Claimants versus 1 - Manjit Singh @ Mahendra Singh Siddhu R/o Ganganar Ward, Jagdalpur, District Bastar, Cg (Driver) 2 - Smt. Raspal Kaur W/o Mahaendra Singh Siddhu R/o Ganganagar Ward, Jagdalpur, District Bastar, Cg (Owner) 3 - The New India Insurance Company Limited Jagdalpur Through Branch Manager, Branch Office Near Bhadouriya Bhawan, Aakashwani Road, Jagdalpur, District Bastar, Chhattisgarh (Insurance Company) 4 - Vasu Rao S/o Venkat Rao Aged About 35 Years R/o Bhoramdev Ward, Jagdalpur, District Bastar, Chhattisgarh. ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.09.25 15:50:14 +0530 2 For Appellants : Mr. Vikas Patel on behalf of Mr. P.K. Tulsyan, Advocate For Respondents No. 3 : Mr. Qamrul Aziz, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 24.09.2025 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 01/07/2022 passed by learned 3rd Additional Motor Accident Claims Tribunal, Jagdalpur (C.G.) in Claim Case No. 286/2019, whereby learned Claims Tribunal has awarded a total sum of Rs. 13,59,600/- as compensation to the appellants/claimants for the death of Shekhar Rao, aged about 35 years, who worked as a Mechanic. 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. 9,000/- whereas it ought to be Rs. 9,500/- as per the minimum wage notification prevalent on the date of the accident. He would further submit that the Claims Tribunal has erred in granting only 3 Rs. 1,20,000/- under loss of consortium whereas the two appellants/claimants as well as respondent No. 4 should be granted Rs. 1,44,000/- under loss of consortium, therefore, the impugned award may suitably be enhanced. 3. Learned counsel for respondent No. 3 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. 9,000/-, however, in the opinion of this Court, his monthly income should be Rs. 9,500/- (as per minimum wages prescribed at relevant time) and Rs. 1,14,000/- per annum. Moreover, Rs. 1,44,000/- ought to be granted to the appellants/claimants and respondent No. 4 under the head of loss of consortium. 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 Sethi 1, 1 (2017) 16 SCC 680 4 Sarla Verma & Ors. Vs. 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:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 9,000/- x 12 = Rs. 1,08,000/- Rs. 9,500/- x 12 = Rs. 1,14,000/- 2. Future Prospect (+) 40% i.e. Rs. 43,200/- = Rs. 1,51,200/- (+) 40% i.e. Rs. 45,600/- = Rs. 1,59,600/- 3. Deduction (-) ½ = Rs. 75,600/- (-) ½ = Rs. 79,800/- 4. Multiplier (x) 16 = Rs. 12,09,600/- (x) 16 = Rs. 12,76,800/- 5. Loss of Consortium Rs. 1,20,000/- Rs. 1,44,000/- 6. Funeral Expenses Rs. 15,000/- Rs. 18,000/- 7. Loss of Estate Rs. 15,000/- Rs. 18,000/- Total Rs. 13,59,600/- Rs. 14,56,800/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 13,59,600/- awarded by the Claims Tribunal is enhanced to Rs. 14,56,800/-. Hence, the appellants are held entitled for an additional amount of Rs. 97,200/-. Respondent No. 3 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 copy of this 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 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. 27/11/2019 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