(MAC No.418/2023) 2025:CGHC:59756 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 418 of 2023 {Arising out of award dated 15-11-2022 passed by the Motor Accident Claims Tribunal, Baikunthpur, District Koriya in Claim Case No.41/2021} 1. Premkunwar, Wd/o Late Santosh Singh, aged about 24 years, Caste Gond 2. Ayan Singh, S/o Late Santosh Singh, aged about 4 years, Caste Gond 3. Aryan Singh, S/o Late Santosh Singh, aged about 2 years, Caste Gond Appellant No.2 & 3 minors through Legal Guardian Smt Premkunwar, Wd/o Santosh Singh 4. Navrang Singh, S/o Ramavatar, aged about 50 years, Caste Gond 5. Shanti, W/o Navrang Singh, aged about 48 years, Caste Gond All R/o Village Bhandarpara, P.S. & Tahsil Baikunthpur, District Koriya, Chhattisgarh (Claimants) ... Appellants versus 1. Krishna Singh, S/o Ramnarayan, aged about 27 years, Caste Panika, R/o Village Bhandarpara, P.S. & Tahsil Baikunthpur, District Koriya, Chhattisgarh (Driver of Scorpio No.CG-16/CJ-1802) 2. Rajendra Prasad, S/o Baijnath, aged about 42 years, R/o Village Thakurpara Salba, Tahsil Baikunthpur, District Koriya, Chhattisgarh (Owner of Scorpio No.CG-16/CJ-1802) 3. IFFCO Tokio General Insurance Company Limited, Shop No.205, 2nd Floor, M.A. Silver Plaza, Mahavir Nagar, Ring Road No.1, Raipur, Chhattisgarh 492006 (Insurer of Scorpio No.CG-16/CJ-1802) ... Respondents SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.12.10 10:28:22 +0530 (MAC No.418/2023) For Appellants : Ms. Aditi Joshi, Advocate on behalf of Mr. Syed Majid Ali, Advocate. For Respondent No.2 : Mr. Vijay Kumar Sahu, Advocate. For Respondent No.3 : Ms. Shrejal Gupta, Advocate on behalf of Mr. Vaibhav Shukla, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 09/12/2025 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 15-11-2022 passed by the Motor Accident Claims Tribunal, Baikunthpur, District Koriya in Claim Case No.41/2021, whereby the learned Claims Tribunal has awarded a total sum of ₹ 19,97,800/- as compensation for the death of Santosh Singh, who was a Driver by profession, aged about 27 years at the time of incident. The appellants herein/claimants are wife, sons and parents respectively, of deceased Santosh Singh. 2. Ms. Aditi Joshi, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the deceased was a Driver by profession and the learned Claims Tribunal ought to have taken his monthly income to be ₹ 9,250/- on the basis of notification issued under the Minimum Wages Act in the year 2021, whereas, it has been taken as ₹ 9,000/, therefore, the amount of compensation be enhanced suitably. Page 3 of 5 (MAC No.418/2023) 3. Mr. Vijay Kumar Sahu, learned counsel appearing on behalf of respondent No.2 herein/owner of the offending vehicle and Ms. Shrejal Gupta, learned counsel 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 gone through the record with utmost circumspection. 5. The learned Claims Tribunal has assessed the monthly income of deceased Santosh Singh to be ₹ 9,000/-, 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 ₹ 9,250/- (as per minimum wages prescribed at relevant time). 6. Thus, considering the evidence available on record and that the deceased was a Driver by profession and thus a semi-skilled person, 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. 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:- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.418/2023) S. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation 1. Income ₹ 9,000/- x 12 = ₹ 1,08,000/- (Yearly Income) ₹ 9,250/- x 12 = ₹ 1,11,000/- (Yearly Income) 2. Future Prospect (+) 40% i.e. ₹ 43,200/-; total yearly income = ₹ 1,08,000 + 43,200 = ₹ 1,51,200/- 40% i.e. ₹ 44,400/-; total yearly income = ₹ 1,11,000 + 44,400 = ₹ 1,55,400/- 3. Deduction (-) ¼ = ₹ 37,800/- ₹ 1,51,200 – 37,800 = ₹ 1,13,400/- (-) ¼ = ₹ 38,850/- ₹ 1,55,400 – 38,850 = ₹ 1,16,550/- 4. Multiplier (x) 17 = ₹ 19,27,800/- (x) 17 = ₹ 19,81,350/- 5. Loss of Estate ₹ 15,000/- ₹ 16,500/- 6. Funeral Expenses ₹ 15,000/- ₹ 16,500/- 7. Loss of Spousal Consortium ₹ 40,000/- ₹ 44,000/- 8. Loss of Parental Consortium to both children NIL ₹ 44,000/- x 2 = ₹ 88,000/- 8. Loss of Filial Consortium to both parents NIL ₹ 44,000/- x 2 = ₹ 88,000/- Total ₹ 19,97,800/- ₹ 22,34,350/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 19,97,800/- awarded by the Claims Tribunal is enhanced to ₹ 22,34,350/-. Hence, after deducting the amount of ₹ 19,97,800/-, the appellants are held entitled for an additional amount of ₹ 2,36,550/-. 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. 10-3-2021 till its realisation. Rest of the conditions of the impugned award shall remain intact. (MAC No.418/2023) 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