1 MAC No. 1488 of 2023 2025:CGHC:42589 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1488 of 2023 1. Salmon Minj S/o. Late Mashi Prakash Minj, Aged About 48 Years, Occupation – Agriculture; 2. Smt. Filisita Minj, W/o. Saloman Minj, Aged About 43 Years, Occupation – Housewife; 3. Ishaq Minj, S/o. Saloman Minj, Aged About 20 Years, Occupation – Student; All are R/o Village - Khirti, Police Chowki - Morga, Police Station - Bango Tahsil - Podi - Uparoda, District - Korba, Chhattisgarh. ... Appellants/Claimants versus 1. Sarveshwar Kumar S/o. Rajeshwar, Aged About 40 Years, Occupation - Driver, R/o. Village - Chirga, P.S. & Tahsil - Lundra, District - Surguja, Chhattisgarh. (Driver) 2. Noore Haque, S/o. Abdul Haque, Aged About 52 Years, Occupation - Transporting Proprietor - Rajdhani Bus, R/o. Kharsiya Naka, Near Firdausi Hospital, Town - Ambikapur, P.S. & Tahsil - Ambikapur, District - Surguja, Chhattisgarh. (Owner) ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.22 15:47:53 +0530 2 MAC No. 1488 of 2023 3. The Divisional Manager, United India Insurance Company Limited, Divisional Office, Brahm Road, Near Kumkum Hotel, Town, Police Station & Tahsil - Ambikapur, District - Surguja, Chhattisgarh. (Insurer) ... Respondents For Appellants :- Mr. Shubham Tiwari, Advocate, on behalf of Mr. A.N. Pandey, Advocate. For Respondent No.3 :- Mr. Raj Awasthi, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 21.08.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants seeking enhancement in the amount of compensation, challenging the impugned award dated 19.04.2023 passed by the Motor Accident Claims Tribunal, Ambikapur (Surguja), Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 154/2022, whereby learned Claims Tribunal has awarded a total sum of 10,88,400/- ₹ as compensation along with interest for death of Shashi Minj, who was a tailor, aged about 22 years at the time of incident. 3 MAC No. 1488 of 2023 The claimants/appellants herein are the father, mother and sister, respectively, of the deceased. 2. Mr. Shubham Tiwari, 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. The Claims Tribunal erred in assessing income of deceased as ₹7,000/- per month which should be 9,280/- as per ₹ Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. It is further contended that the Claims Tribunal has erred in awarding compensation under the head of ‘consortium’, as well as under the heads of ‘estate’ and ‘funeral expenses’, which is required to be enhanced and, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Mr. Raj Awasthi, learned counsel for the respondent No.3, would submit that the appellants have failed to prove nature of occupation and income of deceased by producing clinching and admissible piece of evidence, 4 MAC No. 1488 of 2023 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 gone through the records minutely. 5. Learned Claims Tribunal assessed the monthly income of deceased Shubham Sahu 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 for labour, the monthly income of the deceased should be ₹9,280/- (as per minimum wages prescribed at relevant time) and 1,11,360/- per annum. Moreover, ₹ no amount has been awarded by the Claims Tribunal under the head of ‘consortium’ which is liable to be awarded and a sum of 15,000/- each under the ₹ heads of ‘estate’ and ‘funeral expenses’ to the claimants/appellants is liable to be enhanced. 5 MAC No. 1488 of 2023 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 Sethi1, Sarla Verma & Ors. Vs. 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:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹ 7,000 x 12 = ₹ 84,000/- ₹ 9,280 x 12 = 1,11,360/- ₹ 2. Future Prospect (+) 40% i.e. ₹ 33,600/-; total yearly income ₹ 84,000 + 33,600= 1,17,600/- ₹ (+) 40% i.e. 44,544/-; total ₹ income = 1,11,360 + ₹ 44,544 = 1,55,904/- ₹ 3. Deduction (-) ½ = 58,800/- ₹ ₹ 1,17,600 - 58,800 = ₹ 58,800/- (total income) (-) ½ = 77,952/- ₹ ₹ 1,55,904 - 77,952 = 77,952/- (total ₹ income) 4. Multiplier (x) 18 = ₹ 10,58,400/- (x) 18 = 14,03,136/- ₹ 5. Loss of Estate ₹ 15,000/- ₹ 16,500/- 6. Funeral Expenses ₹ 15,000/- ₹ 16,500/- 7. Loss of Nil ₹44,000 x 3 = 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 MAC No. 1488 of 2023 Consortium 1,32,000/- ₹ Total ₹ 10,88,400/- ₹ 15,68,136/- 7. In view of the aforesaid analysis, the amount of compensation of ₹10,88,400/- awarded by the Claims Tribunal is enhanced to ₹15,68,136/-. Hence, after deducting the amount of ₹10,88,400/-, the appellants are held to be entitled to an additional amount of ₹4,79,736/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three 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. 05.09.2022 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 Ankit