1 2025:CGHC:55156 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1085 of 2022 1 - Smt. Rajeshwari Thakur, W/o. Late Tejram Thakur, Aged About 26 Years, R/o. Village - Dongripali, Post - Mangrapali, Thana And Tahsil Baagbahara, District Mahasamund, Chhattisgarh 2 - Ku. Shradhdha Thakur, D/o. Late Tejram Thakur, Aged About 3 Years, Minor Through Legal Guardian Mother Smt. Rajeshwari Thakur, R/o Village - Dongripali, Post - Mangrapali, Thana And Tahsil Baagbahara, District Mahasamund, Chhattisgarh ... Appellants versus 1 - Suresh Harijan, S/o. Shri Gangu Harijan, Aged About 41 Years, R/o. Kuliyabandh, Thana - Kuliyabandh Beltukri, District - Nuaapara (Orissa), (Driver Of The Offending Vehicle Truck O.R. 15/ S./7840). 2 - Purusottam Agrawal, S/o. Shri Satyanarayan Agrawal, Aged About 50 Years, R/o. Through - Roadways, Gopali Chowk, Post – Baraipali, District - Sambalpur (Orissa), (Owner Of The Offending Vehicle Truck O.R. 15/ S./ 7840) ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.11.13 11:46:50 +0530 2 3 - Branch Manager, Chola Mandalam General Insurance Company Limited, Maruti Height 4th Floor, Mahoba Bazar, G.E. Road Raipur, District Raipur, Chhattisgarh, (Insurer Of The Offending Vehicle Truck O.R. 15/ S./ 7840) 4 - Dhansay Thakur, S/o. Late Bal Singh Thakur, Aged About 60 Years, R/o. Village - Dongripali, Post Mongrapali, Thana And Tahsil Baagbahara, District - Mahasamund Chhattisgarh (Father) 5 - Smt. Savita Thakur, W/o. Dhansay Thakur, Aged About 55 Years, R/o. Village - Dongripali, Post Mongrapali, Thana And Tahsil - Baagbahara, District – Mahasamund, Chhattisgarh (Mother) ... Respondents For Appellants : Mr. A.L.Singroul, Advocate For Respondent No.3 : Ms. Shrishti Upadhyay, Advocate on behalf of Mr. Ghanshyam Patel, Advocate For Respondent No.4 & 5 : Ms. Pooja Yadav, Advocate on behalf of Mr. Shivendu Pandya, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 12.11.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/ claimants seeking enhancement of the amount of compensation, challenging the 3 impugned award dated 04.01.2022 passed by learned First Additional Motor Accident Claims Tribunal, Mahasamund, in Claim Case No.H-72/2018, by which the claim application of the claimants has been allowed and an amount of compensation to the tune of Rs. 9,56,800/- has been awarded to the claimants for the death of Tejram Thakur, aged about 26 years, at the time of incident. 2. Appellants who are wife & daughter of deceased Tejram Thakur filed an application under Section 166 of the Act of 1988 before the Motor Accident Claims Tribunal (for brevity “Claims Tribunal”) seeking compensation to the tune of Rs. 17,00,000/- pleading therein that on the date of accident, deceased Tejram Thakur, aged about 26 years, was sole bread earner of the family and on account of his untimely death in the accident, the appellants have suffered economical and psychological difficulties. 3. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that deceased Tejram Thakur died in the accident arising out of rash & negligent driving of the offending vehicle driven by respondent No.1, owned by respondent No.2 and insured by respondent No.3. Breach of conditions of insurance policy 4 was not found to be proved and after calculating the amount of compensation, the learned Claims Tribunal awarded Rs. 9,56,800/- as total compensation with interest @ 6% per annum from the date of filing of claim application. 4. Mr. A.L.Singroul, learned counsel for the appellants, would submit that the learned Claims Tribunal has awarded very meager amount, as the Claims Tribunal erred in assessing income of deceased as Rs.4,000/- per month, which should be Rs. 6,549/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal may be enhanced suitably. 5. Ms. Shrishti Upadhyay, learned counsel appearing for the respondent No.3/ insurance company would submit that the appellants have failed to prove the exact income of deceased by producing clinching and admissible piece of evidence, hence, the learned Claims Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the learned Claims Tribunal is just and proper, which does not call for any interference. 5 6. Ms. Pooja Yadav, learned counsel appearing for the respondent No.4 & 5 also prays for enhancement of the amount of compensation. 7. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 8. Learned Claims Tribunal has assessed the monthly income of deceased Tejram Thakur to be Rs. 4,000/- per month, 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 Rs.6,549/- per month. 9. 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, 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:- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 4000 x 12 = Rs. 48,000/- Rs. 6,549 x 12 = Rs. 78,588/- Add future prospects @ 40% Rs. 48,000 + Rs. 19,200 = Rs. 67,200/- Rs. 78,588 + Rs. 31,435 = Rs. 1,10,023/- Deduction of 1/4 towards personal expenses Rs. 67,200 – 16,800/- = Rs.50,400/- Rs. 1,10,023 – 27,506 = Rs. 82,517/- Multiplier of 17 Rs. 50,400 x 17 = Rs. 8,56,800/- Rs. 82,517 x 17 = Rs. 14,02,789/- Funeral expenses Rs. 15,000/- Rs. 18,000/- Loss of Estate Rs. 15,000/- Rs. 18,000/- Loss of spousal consortium Rs. 40,000/- Rs. 44,000/- Loss of filial consortium Rs. 10,000/- Rs. 44,000/- Loss of parental consortium Rs. 20,000/- Rs. 44,000 x 2 = Rs. 88,000/- Total Rs. 9,56,800/- Rs. 16,14,789/- 10. In view of the aforesaid analysis, the amount of compensation of Rs. 9,56,800/- awarded by the Claims Tribunal is enhanced to Rs. 16,14,789/-. Hence, after deducting the amount of Rs. 9,56,800/-, the appellants are entitled for an additional amount of Rs. 6,57,989/-. The concerned respondent is directed to deposit the amount of 7 compensation as enhanced by this Court within a period of 3 months. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 11. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok