Page No.1 of 5 IN MAC-1355-2022 2025:CGHC:56354 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1355 of 2022 [Arising out of award dt. 07.10.2022, passed in Claim Case No.550/2021 (Smt. Veena Devi Parmar and others v. Tumesh Kishor Telaso and others) by the 3rd Addl. Motor Accident Claims Tribunal, Raipur (CG)] 1 - Smt. Veena Devi Parmar W/o Late Onkar Singh Parmar Aged About 48 Years R/o Village Kara, Birgaon, Tahsil And District Raipur Chhattisgarh 2 - Gaurav Singh Parmar S/o Late Onkar Singh Parmar Aged About 26 Years R/o Village Kara, Birgaon, Tahsil And District Raipur Chhattisgarh 3 - Vaibhav Singh Parmar S/o Late Onkar Singh Parmar Aged About 24 Years R/o Village Kara, Birgaon, Tahsil And District Raipur Chhattisgarh ... Appellants Versus 1 - Tumesh Kishor Telase S/o Kishor Telase Aged About 26 Years R/o Bangolikati, Police Station Ravanbadi Near Purana Mango Jhad, District Gondiya (Maharashtra) Driver Of Offending Vehicle Hydra No. M.H. 31 / C.V. / 7154, New No. Cg-04-N.F. 7366 2 - M/s S.M.S. Infrastructure Limited C/o Manager, Prabhari Adhikari, Pramod Mahalle Son Of Ramchandra Mahalle, R/o D.M. Tower, 3rd Floor, Block - C, Flat No. 322, Bilaspur Road Near Banjari Mandir, Rawabhata, Raipur, District Raipur (C.G.), Pin 493221. Other Address R/o Village Nardhamna, Tahsil Telhara, District Akola Maharashtra, Pin 444108, Owner Of Offending Vehicle Hydra No. M.H. 31/ C.V. / 7154, New No. Cg-04- N.F. 7366. 3 - Oriental Insurance Co. Ltd. C/o Manager, Mandal Office No. 02, Sai Vihar Colony, Devendra Nagar Road, Raipur (C.G.) Other Address The Oriental Insurance Company Ltd. R.K. Plaza, Pachpedi Nagar, Ring Road No. 1, Raipur (C.G.) 492001 Insurer Of Offending Vehicle Hydra No. M.H. 31 / C.V. /7154, New No. Cg-04- N.F. 7366. ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 5 IN MAC-1355-2022 For Appellants : Mr. Utkarsh Patel, Advocate For Respondents No.1-2 : Mr. K.K. Dewangan, Advocate For Respondent No.3 : Ms. Vaishali Jeswani, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 19.11.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of amount of compensation, challenging the impugned award dt. 07.10.2022, passed in Claim Case No.550/2021 (Smt. Veena Devi Parmar and others v. Tumesh Kishor Telaso and others) by the 3rd Addl. Motor Accident Claims Tribunal, Raipur (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.7,63,400/- as compensation for the death of Onkar Singyh Parmar. 2. Learned counsel for the appellants would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. Claims Tribunal erred in assessing income of deceased as Rs.9,000/- per month which should be Rs.9,610/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Further, the learned Claims Tribunal also erred in awarding Rs.80,000/- only on the head of loss of consortium, whereas it ought to have been Rs.40,000/-x 3 = Rs.1,20,000/-. Even, the learned Claims Tribunal deducted 1/2 Page No.3 of 5 IN MAC-1355-2022 amount on the head of personal living, whereas it ought to have been deducted 1/3 as per the decision of Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors 1 . Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondent would submit that the appellants have failed to prove nature of occupation and income of deceased by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. Learned Claims Tribunal assessed the monthly income of deceased to be Rs.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 Rs.9,610/- PM (as per minimum wages prescribed at relevant time). Even, the learned Claims Tribunal has only awarded Rs.80,000/- only on the head of loss of consortium, whereas it ought to have been Rs.40,000/-x 3 = Rs.1,20,000/- and, in 1 (2009) 6 SCC 121 Page No.4 of 5 IN MAC-1355-2022 light of the decision of the Sarla Verma (supra) 1/3 deduction towards personal living ought to have been done instead of 1/2. Therefore, in the considered opinion of this Court, the amount of compensation awarded by the learned Claims Tribunal is liable to be enhanced. 6. 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 2 , Sarla Verma (supra) and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs.9,000 x 12 = Rs.1,08,000/- Rs.9,610 x 12 = Rs.1,15,320/- 2. Future Prospect (+) 10% (i.e. Rs.10,800/-) = Rs.1,18,800/- (+) 10% (i.e. Rs.11,532/-) = Rs.1,26,852/- 3. Deduction (-) 1/2 (i.e. Rs.59,400/-) = Rs.59,400/- (-) 1/3 (i.e. Rs.42,284/-) = Rs.84,568/- 4. Multiplier (x) 11 = Rs.6,53,400/- (x) 11 = Rs. Rs.9,30,248/- 5. Loss of Estate Rs. 15,000/- Rs. 15,000/- 6. Funeral Expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium Rs.80,000/- Rs.40,000/- x 3 = Rs.1,20,000/- 2 (2017) 16 SCC 680 3 (2018) 18 SCC 130 Page No.5 of 5 IN MAC-1355-2022 Total Rs.7,63,400/- Rs.10,80,248/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.7,63,400/- awarded by the Claims Tribunal is enhanced to Rs.10,80,248/-. Hence, after deducting the amount of Rs.763,400/-, the appellants are held entitled for an additional amount of Rs.3,16,848/-. The concerned respondents are directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of claim application before the Tribunal 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 s@if