Page No.1 of 5 IN MAC-1119-2023 2025:CGHC:61275 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1119 of 2023 [Arising out award dt. 18.11.2022, passed in Claim Case No.03/2021 (Smt. Satyawati Sahu and other v. Jagpalan Kosle and others) by the Motor Accident Claims Tribunal, Mungeli (CG)] 1 - Smt. Satyawati Sahu Wd/o Shankar Sahu, Aged About 35 Years R/o Village Chorbhatti, Pathariya, Tehsil And Police Station Pathariya, District Mungeli, Chhattisgarh. 2 - Sumeet Sahu, S/o Late Shankar Sahu, Aged About 14 Years Minor Represented Through Appellant No. 1 Mother Smt. Satyawati Sahu W/o Shankar Sahu, Aged About 35 Years R/o Village Chorbhatti, Pathariya, Tehsil And Police Station Pathariya, District Mungeli, Chhattisgarh. 3 - Mamta Sahu, D/o Late Shankar Sahu, Aged About 11 Years Minor Represented Through Appellant No. 1 Mother Smt. Satyawati Sahu W/o Shankar Sahu, Aged About 35 Years R/o Village Chorbhatti, Pathariya, Tehsil And Police Station Pathariya, District Mungeli, Chhattisgarh. ... Appellants Versus 1 - Jagpalan Kosle S/o Late Milau Kosle, Aged About 50 Years R/o Village Kura, Police Station Nandghat, District Bemetara, Hall Mukam Sakti Ward, Bhatapara, Police Station Bhatapara, District Balodabazar, Chhattisgarh. (Driver Of Truck No. C.G. -04-Jb- 3884) 2 - Step Logistics Private Limited, Director, Akhil Kumar Mundara, S/o Krishna Kumar Mundara, Resident Of Sadar Bhazaar, Bhatapara, Tehsil Bhatapara, District Balodabazaar, Chhattisgarh (Owner Of Truck No. C.G. -04-Jb-3884) 3 - The New India Insurance Compnay Limited, Branch Balodabazaar, Ambedkar Chowk, Above Union Bank, Balodabazar, SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 5 IN MAC-1119-2023 District Balodabazar, Chhattisgarh. (Insurer Of Truck No. C.G. -04- Jb-3884) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. Sunder Lal Sahu, Advocate For Respondents No.1-2 : Mr. Deepak Sharma, Advocate For Respondent No.3 : Mr. Deepak Gupta, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 16.12.2025 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. 18.11.2022, passed in Claim Case No.03/2021 (Smt. Satyawati Sahu and other v. Jagpalan Kosle and others) by the Motor Accident Claims Tribunal, Mungeli (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.12,40,000/- as compensation for the death of Shankar Sahu. 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.7800/- per month which should be Rs.8860/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Even, the learned Claims Tribunal has also erred in awarding only Rs.44,000/- on the head of Page No.3 of 5 IN MAC-1119-2023 loss of consortium to the appellants, whereas it ought to have been Rs.48,000 x 3 = Rs.1,44,000/-. Further, on the head of loss of estate and funeral expenses, Rs.15,000/- each has bee given, whereas it ought to have been Rs.18,000/- on each head. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondents 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.7800/-, 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.8860/- PM (as per minimum wages prescribed at relevant time). Further, the learned Claims Tribunal has also erred in awarding only Rs.40,000/- on the head of loss of consortium to the appellants, whereas it ought to have been Page No.4 of 5 IN MAC-1119-2023 Rs.48,000 x 3 = Rs.1,44,000/- and, even on the head of loss of estate and funeral expenses, Rs.15,000/- each has been given, whereas it ought to have been Rs.18,000/- on each head. 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 1, 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 Rs.7800 x 12 = Rs.93,600/- Rs.8860 x 12 = Rs.1,06,320/- 2. Future Prospect (+) 25% (i.e. Rs.23,400/-) = Rs.1,17,000/- (+) 25% (i.e. Rs.26,580/-) = Rs.1,32,900/- 3. Deduction (-) 1/3 (i.e. Rs.39,000/-) = Rs.78,000/- (-) 1/3 (i.e. Rs.44,300/-) = Rs.88,600/- 4. Multiplier (x) 15 = Rs.11,70,000/- (x) 15 = Rs. Rs.13,29,000/- 5. Loss of Estate Rs.15,000/- Rs.18,000/- 6. Funeral Expenses Rs.15,000/- Rs.18,000/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.5 of 5 IN MAC-1119-2023 7. Loss of Consortium Rs.40,000/- Rs.48,000 x 3 = Rs.1,44,000/- Total Rs.12,40,000/- Rs.15,09,000/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.12,40,000/- awarded by the Claims Tribunal is enhanced to Rs.15,09,000/-. Hence, after deducting the amount of Rs.12,40,000/-, the appellants are held entitled for an additional amount of Rs.2,69,000/-. 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