-1- 2025:CGHC:58573 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2078 of 2024 1 - Kamal Bai Sahu W/o Late Sohan Lal Sahu Aged About 57 Years R/o Belgadi Basti Ward, No. 42, Balco Nagar, Police Station- Balco, Tehsil And District- Korba ( C.G.) Claimants ) 2 - Neelkanth Sahu D/o Late Shohan Lal Sahu Aged About 32 Years R/o Belgadi Basti Ward, No. 42, Balco Nagar, Police Station- Balco, Tehsil And District- Korba ( C.G.) Claimants ) 3 - Nargis Sahu D/o Late Sohan Lal Aged About 28 Years R/o Belgadi Basti Ward, No. 42, Balco Nagar, Police Station- Balco, Tehsil And District- Korba ( C.G.) Claimants ) ... Appellants versus 1 - Phoolbabu Rai S/o Vrinda Rai Dhimrapur Chowk, Abhinav Transport Raigarh, Tehsil And District- Raigarh ( C.G.) Driver Of Trailor No. C.G. 04/ Jc/ 3587 ) 2 - Ankur Singh S/o Late Jawahar Singh R/o Abhinav Transport Dhimrapur Chowk, Raigarh, Tehsil And District- Raigarh ( C.G.) ( Owner Of Trailor No. C.G. 04/jc/3587 ) 3 - Divisional Manager The New India Insurance Company Limited, Address- Sada Complex, Near Taxi Stand, T.P. Nagar Korba, Tehsil And District- Korba ( C.G.). (Insurer Of Trailor No. C.G. 04/jc/3587 ) ... Respondents For Appellants/Claimants : Ms. Priya Kaiwart, Advocate For respondents No.1 & 2 : Mr. Prateek Vishwakarma, Advocate holding the brief of Mr. Hari Agrawal, Adv. For respondent No.3 : Mr. Deepak Gupta, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 03.12.2025 1) The appellants/claimants have filed this appeal for enhancement of compensation against an award passed by the learned Third Additional Motor REKHA SINGH -2- Accident Claims Tribunal, Korba, District Korba (C.G.) in Claim Case No.35/2022 dated 29.06.2024, whereby, the learned Tribunal has granted compensation to the tune of Rs.6,69,800/- with interest @ 9% per annum on account of death of Sohan Lal Sahu. 2) Learned counsel appearing for the appellants/claimants would submit that on 05.04.2022, the motorcycle of the deceased was dashed by offending Hyva truck bearing registration No.C.G./04/JC/3587 resultanlty, Sohan Lal Sahu sustained injuries and succumbed to death. She would further submit that the claimants, who are wife and two children filed a claim case under Section 166 of the Motor Vehicles Act, wherein, they pleaded that the age of the deceased was 62 years and earning Rs.12,000/- per month. She would contend that the learned Tribunal has assessed income of deceased Rs.9,800/- per month and same is on lower side. She would further contend that the learned Tribunal has not awarded compensation for loss of consortium to one of the claimants. She would pray to enhance the compensation accordingly. 3) On the other hand, Mr. Gupta, the learned counsel appearing for the Insurance Company would oppose the submissions made by Ms. Kaiwart. He would submit that the claimants failed to prove the fact that the deceased was a mason and earning Rs12,000/- per month and therefore, learned Tribunal applied minimum wages matrix and assessed the compensation. He would contend that the learned Tribunal has passed just and proper compensation. 4) Mr. Vishwakarma, learned counsel appearing for respondents No.1 & 2 would -3- support the contention made by Mr. Gupta. 5) I have heard the learned counsel appearing for the parties and perused the record with utmost circumspection. 6) A perusal of the record would show that the claimants could not adduce evidence to prove the fact that the deceased was a mason and earning Rs.12,000/-per month. In absence of evidence, learned Tribunal rightly treated the deceased an unskilled labourer and assessed the monthly income according to minimum wages matrix prevailing on the date of accident. The minimum wages admissible to an unskilled labourer in the month of April, 2022 was Rs.9,800/- per month and the learned Tribunal has rightly applied that figure. 7) With regard to compensation for loss of consortium, the learned Tribunal has not awarded compensation for loss of consortium to one of the claimants and therefore, the claimants are entitled to get a sum of Rs.44,000/- on said head. On other conventional heads, learned Tribunal has granted just and proper compensation. 8) Taking into consideration the above-discussed facts, the claimants are held entitled to get an additional sum of Rs.44,000/- for loss of consortium and the said amount shall carry interest @ 9% per annum from date of application till date of its realization. 9) With the aforesaid observation, the appeal is partly allowed. Sd/- (Rakesh Mohan Pandey) Judge Rekha