1 2025:CGHC:55154 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 790 of 2023 1 - Ranu Dewangan, W/o. Late Hemraj Dewangan, Aged About 26 Years (Wrongly Mentioned As D/o Hemraj Dewangan) R/o. Hanuman Chowk, Champa, Police Station - Champa, District - Janjgir - Champa Chhattisgarh 2 - Vedika Dewangan, D/o. Late Hemraj Dewangan, Aged About 1 Years, Minor Represented Through Mother - Ranu Dewangan, R/o. Hanuman Chowk, Champa, Police Station - Champa, District - Janjgir - Champa Chhattisgarh ... Appellants versus 1 - Radhika Dewangan, D/o. Narendra Prasad Dewangan, Aged About 24 Years, R/o. Dewangan Para, Chandrapur, Police Station - Chandrapur, District - Janjgir - Champa Chhattisgarh 2 - Chhabilal Dewangan, S/o. Narendra Prasad Dewangan, Aged About 36 Years, R/o. Dewangan Para, Chandrapur, Police Station - Chandrapur, District - Janjgir – Champa, Chhattisgarh ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.11.13 14:05:23 +0530 2 3 - Anil Kumar Rawat, S/o. Late Rupnarayan Rawat, Aged About 30 Years, R/o. Buka, Post - Makri, Police Station - Bhawnathpur, District - Gadhwa (Jharkhand) 4 - Manmohan Kaushik, S/o. Vidur Lal Kaushik, Aged About 48 Years, R/o. Mission Road, Patelpara, Raigarh (C.G.) Permanent Add. Village - Bhatapara, Police Station - Urga, Tahsil And District – Korba, Chhattisgarh 5 - Branch Manager, The Oriental Insurance Com. Ltd. Office Add.- Rahul Complex, Third Floor, O.P. Jindal Road, Jagatpur, Raigarh, Tahsil - Raigarh, District – Raigarh, Chhattisgarh ... Respondents For Appellants : Ms. Meenakshi Gupta, Advocate For Respondent No.3. : Mr. P.K.Tulsyan, 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 impugned award dated 15.07.2022 passed by learned Fifth Additional Motor Accident Claims Tribunal, Raigarh, in 3 M.A.C.T. No.86/2021, by which the claim application of the claimants has been allowed and an amount of compensation to the tune of Rs. 15,81,561/- has been awarded to the claimants for the death of Hemraj Dewangan, aged about 33 years, at the time of incident. 2. Appellants who are wife & daughter of deceased Hemraj Dewangan 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. 98,48,108/- pleading therein that on the date of accident, deceased Hemraj Dewangan, aged about 33 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 Hemraj Dewangan died in the accident arising out of rash & negligent driving of the offending vehicle driven by respondent No.3, owned by respondent No.4 and insured by respondent No.5 herein. Breach of conditions of insurance policy was not found to be proved and after calculating the amount of compensation, the learned Claims Tribunal 4 awarded Rs. 15,81,561/- as total compensation with interest @ 7.5% per annum from the date of filing of claim application. 4. Ms. Meenakshi Gupta, 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.8,000/- per month, which should be Rs. 10,390/- 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. Mr. P.K.Tulsyan, learned counsel appearing for the respondent No.5/ 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. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 7. Learned Claims Tribunal has assessed the monthly income of deceased Hemraj Dewangan to be Rs. 8,000/- 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. 10,390/- per month. 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:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 8000 x 12 = Rs. 96,000/- Rs. 10,390 x 12 = Rs. 1,24,680/- Add future prospects @ 40% Rs. 96,000 + Rs. 38,400 = Rs. 1,34,400/- Rs. 1,24,680 + Rs. 49,872 = Rs. 1,74,552/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 Deduction of 1/3 towards personal expenses Rs. 1,34,400 – 44,800 = Rs.89,600/- Rs. 1,74,552 – 58,184 = Rs. 1,16,368/- Multiplier of 16 Rs. 89,600 x 16 = Rs. 14,33,600/- Rs. 1,16,368 x 16 = Rs. 18,61,888/- Funeral expenses Rs. 15,000/- Rs. 15,000/- Loss of Estate Rs. 15,000/- Rs. 15,000/- Loss of consortium Rs. 40,000/- x 2 = Rs.80,000/- Rs. 40,000/- x 2 = Rs.80,000/- For treatment & medicines Rs. 37,961/- Rs. 37,961/- Total Rs. 15,81,561/- Rs. 20,09,849/- 8. In view of the aforesaid analysis, the amount of compensation of Rs. 15,81,561/- awarded by the Claims Tribunal is enhanced to Rs. 20,09,849/-. Hence, after deducting the amount of Rs. 15,81,561/-, the appellants are entitled for an additional amount of Rs. 4,28,288/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months. The additional amount of compensation shall carry interest @ 7.5% 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. 7 9. 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