(MAC No.1032/2022) 2025:CGHC:53884 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1032 of 2022 {Arising out of award dated 2-8-2022 passed by the Motor Accident Claims Tribunal, Bemetara, District Bemetara in Motor Accident Claim Case No.31/2021} 1. Sunita Bai Kenwat, Wd/o Faguram Nishad, Aged about 35 years now aged about 38 years, 2. Rahul Kumar, Aged about 17 years now aged about 20 years, S/o late Faguram Kenwat 3. Arun Kumar, Aged about 15 years now aged about 18 years, S/o late Faguram Kenwat, All are R/o Village Akola (Koresara), Police Station Thankhamhariya, Tahsil Saja, District Bemetara, Chhattisgarh (Claimants) ... Appellants versus 1. Rajkumar Chandrakar, S/o Maniram Chandrakar, Aged about 27 years, R/o Village Bamhani, Police Station Thankhamhariya, District Bemetara, Chhattisgarh (Vehicle Driver) 2. Kumbhkaran Chandrakar, S/o Kalaram Chandrakar, R/o Village Gopalpur, Police Station & Tahsil Thankhamhariya, District Bemetara, Chhattisgarh (Vehicle Owner) 3. H.D.F.C. Irgo General Insurance Company Limited, Address Chanwla Complex, Third Devendra Nagar, Main Road, Sai Nagar, Raipur, Chhattisgarh (Insurer) (Non-applicants) ... Respondents SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.11.06 16:12:39 +0530 (MAC No.1032/2022) For Appellants : Mr. Hari Shankar Patel, Advocate. For Respondents No.1 & 2 : Mr. Viprasen Agrawal, Advocate. For Respondent No.3 : Mr. Harshmander Rastogi, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 04/11/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 2-8-2022 passed by the Motor Accident Claims Tribunal, Bemetara, District Bemetara in Motor Accident Claim Case No.31/2021, whereby the learned Claims Tribunal has awarded a total sum of ₹ 9,00,000/- as compensation for the death of deceased Faguram Kenwat, who was working as a labourer, aged about 50 years at the time of incident. The appellants herein/ claimants are wife and sons of the deceased, respectively. 2. Mr. Hari Shankar Patel, learned counsel appearing on behalf of the appellants herein/claimants, would submit that income of the deceased has wrongly been assessed by the Claims Tribunal as ₹ 7,000/-, it ought to have been taken as ₹ 7,800/-, as the deceased was working as a labourer, therefore, the compensation should be enhanced and just and proper compensation be awarded. 3. Mr. Viprasen Agrawal, learned counsel appearing on behalf of respondents No.1 & 2 herein/driver & owner of the vehicle, respectively, as also Mr. Harshmander Rastogi, learned counsel (MAC No.1032/2022) appearing on behalf of respondent No.3 herein/Insurance Company, would support the impugned award and oppose the appeal. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection. 5. The learned Claims Tribunal has assessed the monthly income of deceased Faguram Kenwat to be ₹ 7,000/-, 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 ₹ 7,800/- (as per minimum wages prescribed at relevant time) and ₹ 93,600/- per annum. 6. Thus, considering the evidence available on record and that the deceased was working as labourer, 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 Sethi1, Sarla Verma & Ors. v. 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:- S. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation 1. Income ₹ 7,000/- x 12 = ₹ 84,000/- (Yearly Income) ₹ 7,800 x 12 = ₹ 93,600/- (Yearly Income) 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.1032/2022) 2. Future Prospect NIL (+) 25% i.e. ₹ 23,400/- total yearly income = ₹ 93,600 + 23,400 = ₹ 1,17,000/- 3. Deduction (-) ¼ = ₹ 21,000/- ₹ 84,000 – 21,000 = ₹ 63,000/- (-) 1/3 = ₹ 39,000/- ₹ 1,17,000 – 39,000 = ₹ 78,000/- 4. Multiplier (x) 13 = ₹ 8,19,000/- (x) 13 = ₹ 10,14,000/- 5. Loss of Estate ₹ 15,000/- ₹ 18,000/- 6. Funeral Expenses ₹ 15,000/- ₹ 18,000/- 7. Loss of Consortium ₹ 51,000/- ₹ 48,000/- x 3 = ₹ 1,44,000/- Total ₹ 9,00,000/- ₹ 11,94,000/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 9,00,000/- awarded by the Claims Tribunal is enhanced to ₹ 11,94,000/-. Hence, after deducting the amount of ₹ 9,00,000/-, the appellants are held entitled for an additional amount of ₹ 2,94,000/-. The concerned respondent 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 a copy of this 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. 23-1-2021 till its realisation. 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 Soma