1 2025:CGHC:61814 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1386 of 2024 Sadanand Sarthi S/o Lt. Amrulal Sarthi Aged About 22 Years R/o Village Kashichuwan, P.S. Bhupdevpur, Raigarh, District Raigarh, Chhattisgarh (After passing impugned award claimant No.1- Amrulal Sarthi has died.) ... Appellant versus 1 - Anwar Haq Diwan S/o Alahi Diwan Aged About 52 Years Occupation Motor Driver, R/o Village Bedeti, P.S. Behali, District Vishwanath Charali (Assam), Presently R/o Kotmara Barbrik Private Camp P.S. Pussaur District Raigarh, Chhattisgarh (Driver) 2 - Bajrang Lal Agrawal S/o Late Sadhuram Agrawal Aged About 75 Years Occupation Motor Owner, R/o In Front Of Jagdamba Villa Kotra Road Chunabhatta Raigarh, District Raigarh, Chhattisgarh (Owner) 3 - Manager, The New India Insurance Company Limited Branch Office Near Kewdabadi Bus Stand, Tah. And District Raigarh, Chhattisgarh (Insurance Company) ... Respondent(s) For Appellant : Mr. Rajendra Tripathi, Advocate For Respondent No.3 : Mr. Prasanjeet Dutta, Advocate For Respondents No. 1 & 2 : Mr. Varun Vats Sharma, Advocate, holding the brief of Mr. Ankit Singhal, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 19/12/2025 Digitally signed by NADIM MOHLE 2 1. The appellant/claimant has filed the present appeal seeking enhancement of compensation against the award dated 02.01.2024 passed in Claim Case No.190/2022 by the learned Ist Additional Motor Accident Claims Tribunal, Raigarh, District Raigarh, whereby compensation to the tune of 13,27,400/- ₹ along with interest at the rate of 7.5% per annum has been awarded on account of the death of Lalo Bai Sarthi in a road accident. 2. Mr. Tripathi, learned counsel appearing for the appellant, would submit that on 22.12.2021, the deceased was traveling as a pillion rider on a motorcycle bearing registration No. CG-13-UJ-2427. When the motorcycle reached near water tank situated at village Dumarmuda, P. S. Bhupdevpur, the rider of the offending motorcycle bearing registration No. CG-15-A-5176 dashed the said vehicle. As a result, the deceased sustained grievous injuries and subsequently succumbed to the death. The claim case was filed by the husband and son of the deceased, wherein it was pleaded that the deceased was aged about 48 years and was earning 10,000/- per month ₹ . A compensation amount of 30,00,000/- ₹ was claimed. 3. Learned counsel for the appellant would further submit that the learned Tribunal assessed the income of the deceased at 9,280/- per month ₹ , which is on the lower side. He would contend that the learned Tribunal ought to have applied the minimum wages matrix applicable to an unskilled labourer in the month of December, 2021, while assessing the income of the deceased. He would also submit that in the month of December, 2021; the minimum wages payable to an unskilled labourer were 9,800/- per month ₹ , and therefore, the said figure should have been taken into consideration while computing the income of the deceased. He would also contend that the amount awarded under conventional heads is meager and seeks enhancement of compensation accordingly. 3 4. On the other hand, learned counsel appearing for the respondent(s) would oppose the submissions made by counsel for the appellant and submit that the compensation awarded by the learned Tribunal is just and proper; therefore, the present appeal deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the record. 6. The age of the deceased was 48 years at the time of the accident. Though the claimants pleaded that the deceased was earning 10,000/- ₹ per month, they failed to adduce any cogent evidence to prove the said fact. In the absence of the proof of income, the learned Tribunal ought to have considered the minimum wages applicable to an unskilled labourer, i.e., at 9,800/- per month ₹ , and the said amount should have been taken while computing the income of the deceased. 7. The learned Tribunal has further granted 25% towards future prospects, ₹16,500/- towards the loss of estate , 16,500/- towards funeral ₹ expenses, and 88,000/- towards the loss of consortium ₹ . The compensation awarded under the conventional heads appears to be just and proper. 8. In view of the above, the compensation awarded by the learned Tribunal is revisited as under:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1 Annual Income ₹9,280 × 12 = 1,11,360 ₹ ₹9,800 × 12 = 1,17,600 ₹ 2 Deduction (1/3) 74,240 ₹ 78,400 ₹ 3 Multiplier ₹74,240 × 13 = 9,65,120 ₹ ₹78,400 × 13 = 10,19,200 ₹ 4 Future Prospects (25%) 25% = 2,41,280 ₹ 25% = 2,54,800 ₹ 4 Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 5 Loss of Consortium ₹88,000 88,000 ₹ 6 Loss of Estate ₹16,500 16,500 ₹ 7 Funeral Expenses ₹16,500 16,500 ₹ 8 Total Compensation ₹13,27,400 13,95,000 ₹ 9 Final / Enhanced Compensation 13,95,000− ₹ ₹13,27,400 67,600/- ₹ In view of the above calculation, the claimant shall be entitled to an additional sum of 67,600 ₹ . The insurance company is directed to pay the enhanced compensation of 67,600 ₹ with interest @ 7.5% per annum to the appellant/claimant within a period of 60 days. Rest of the terms and conditions of the award shall remain intact. Accordingly, the appeal filed by the claimant is allowed in part to the extent indicated hereinabove. Sd/- Rakesh Mohan Pandey JUDGE Nadim