1 2025:CGHC:61565 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1073 of 2023 1 - Smt. Dhaneshwari Netam W/o Late Toran Singh, Aged About 42 Years R/o Ward No. Damkadihi Nagari, Post Nagari, Tahsil And Police Station Nagari, District Dhamtari Chhattisgarh. 2 - Ku. Panchwati Netam D/o Late Toran Singh, Aged About 21 Years R/o Ward No. Damkadihi Nagari, Post Nagari, Tahsil And Police Station Nagari, District Dhamtari Chhattisgarh. 3 - Ku. Bharti Netam D/o Late Toran Singh Aged About 19 Years R/o Ward No. Damkadihi Nagari, Post Nagari, Tahsil And Police Station Nagari, District Dhamtari Chhattisgarh. 4 - Dikeshwar Netam S/o Late Toran Singh, Aged About 17 Years Minor Through Natural Guardian Mother Dhaneshwari Netam W/o Late Toran Singh, R/o Ward No. Damkadihi Nagari, Post Nagari, Tahsil And Police Station Nagari, District Dhamtari Chhattisgarh. 5 - Smt. Hemlata Markam D/o Late Toran Singh W/o Bhav Singh Markam, Aged About 25 Years R/o Station Para Dugali, Post Dugali, Tahsil Ngari, District : Dhamtari, Chhattisgarh ... Appellants/Claimants 2 versus 1 - Baratu Ram Yadav S/o Satau Ram Yadav, Aged About 27 Years R/o Village Kamaipur, Post Singpur, Police Station And Tahsil Magarlod, District Dhamtari, Chhattisgarh. (Driver Of Offending Motorcycle No. Cg -05, Ag-5810) 2 - Hori Lal Yadav S/o Shekhan Lal Yadav, Aged About 30 Years R/o Village Bhusrenga, Post Bagaud, Police Station Kurud, Tahsil Kurud, District Dhamtari, Chhattisgarh. (Owner Of Offending Motorcycle No. Cg -05, Ag-5810) 3 - Tata A.I.G. General Insurance Company, Branch Office, Through Branch Manager, First Floor, 1067, Walford Ojon, Bilaspur Road, Near Fafadih Chowk, Raipur, Tahsil And District Raipur Chhattisgarh. (Insurer Of Offending Motorcycle No. Cg. - 05, Ag-5810) ... Respondent(s) For Appellants : Mr. Anil Gulati, Advocate For Respondent No. 3 : Ms. Harneet Kaur, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 17.12.2025 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 3 compensation, challenging the impugned award dated 06/05/2023 passed by learned Motor Accident Claims Tribunal, Dhamtari (C.G.) in Claim Case No. 190/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 13,17,672/- as compensation to the appellants/claimants for the death of Toran Singh, aged about 46 years, who worked as a Mason. 2. Learned counsel for the appellants/claimants would submit that the Claims Tribunal has erred in assessing the monthly income of the deceased as Rs. 7,800/- whereas it ought to be Rs. 9,850/- as per the minimum wages notification prevalent on the date of the accident and further the Claims Tribunal has erred in granting Rs. 1,44,000/- under loss of consortium whereas it ought to have granted Rs. 44,000 x 5 = Rs. 2,20,000/-, therefore, the amount of compensation 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. 4 5. Learned Claims Tribunal has assessed the income of the deceased as Rs. 7,800/-, however, as per the minimum wage notification, it should be Rs. 9,850/- and further Rs. 2,20,000/- ought to have been awarded under loss of consortium. 6. In view of the aforesaid discussion, this Court is computing the compensation as below :- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income Rs. 7,800/- Rs. 9,850/- Future Prospect (+) 25% i.e. Rs. 1,950/- = Rs. 9,750/- (+) 25% i.e. Rs. 2,462/- = Rs. 12,312/- Yearly Income Rs. 9,750/- x 12 = Rs. 1,17,000/- Rs. 12,312/- x 12 = Rs. 1,47,744/- Deduction ¼ i.e. Rs. 29,250/- = Rs. 87,750/- ¼ i.e. Rs. 36,936/- = Rs. 1,10,808/- Multiplier (x) 13 = Rs. 11,40,750/- (x) 13 = Rs. 14,40,504/- Loss of Consortium Rs. 1,44,000/- Rs. 2,20,000/- Loss of Estate Rs. 16,500/- Rs. 16,500/- Funeral Expenses Rs. 16,500/- Rs. 16,500/- Total Rs. 13,17,750/- Rs. 16,93,504/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 13,17,750/- awarded by the Claims Tribunal is enhanced to Rs. 16,93,504/-. Hence, the appellants/claimants are held entitled for an additional 5 amount of Rs. 3,75,754/-. Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 02/11/2021 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