Page No.1 of 5 IN MAC-349-2022 2025:CGHC:61282 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 349 of 2022 [Arising out of award dt. 21.12.2021, passed in Claim Case No.27/2020 (Smt. Sukhmat Bai and other vs. Bhagvendra Singh Kshatriya and others) by the 2nd Addl. Motor Accident Claims Tribunal, Katghora, District Korba (CG)] 1 - Smt. Sukmat Bai W/o Late Pardeshi Birhor Aged About 27 Years R/o Village Gudrumuda (Manjhipara), Thana Katghora, District Korba, Chhattisgarh, District : Korba, Chhattisgarh 2 - Roshani Kumari D/o Late Pardeshi Birhor Aged About 3 Years Minor Through Legal Guardian Mother Smt. Sukmat Bai W/o Late Pardeshi Birhor, R/o Village Gudrumuda (Manjhipara), Thana Katghora, District Korba, Chhattisgarh, District : Korba, Chhattisgarh 3 - Smt. Chamrin Bai W/o Shri Budharam Aged About 42 Years R/o Village Gudrumuda (Manjhipara), Thana Katghora, District Korba, Chhattisgarh, District : Korba, Chhattisgarh 4 - Budharam S/o Mayaram Aged About 45 Years R/o Village Gudrumuda (Manjhipara), Thana Katghora, District Korba, Chhattisgarh, District : Korba, Chhattisgarh 5 - Ramsingh S/o Shri Budharam Aged About 22 Years R/o Village Gudrumuda (Manjhipara), Thana Katghora, District Korba, Chhattisgarh, District : Korba, Chhattisgarh 6 - Reshami Kumari D/o Late Pardeshi Birhor Aged About 1 Years Minor Through Legal Guardian Mother Smt. Sukmat Bai W/o Late Pardeshi Birhor, R/o Village Gudrumuda (Manjhipara), Thana Katghora, District Korba, Chhattisgarh, District : Korba, Chhattisgarh ... Appellants Versus SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 5 IN MAC-349-2022 1 - Bhagvendra Singh Kshatriya S/o Rajbhan Singh Baghel Aged About 40 Years R/o Ward No. 19, Keshaw Nagar, Thana Vishrampur, District Surajpur, Chhattisgarh (Driver), District : Surajpur, Chhattisgarh 2 - Jai Mahamaya Petroleum Through Proprietor Shri Rajkumar Agrawal, Ring Road Namnakala Ambikapur, District Sarguja, Chhattisgarh (Owner), District : Surguja (Ambikapur), Chhattisgarh 3 - The United India Insurance Company Limited, Branch Office Bramha Road Near Kumkum Hotel, Ambikapur, District Sarguja, Chhattisgarh (Insurer), District : Surguja (Ambikapur), Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. Vikas Kumar Pandey, Advocate For Respondent No.3 : Mr. Abhishek Vinod Deshmukh, 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. 21.12.2021, passed in Claim Case No.27/2020 (Smt. Sukhmat Bai and other vs. Bhagvendra Singh Kshatriya and others) by the 2nd Addl. Motor Accident Claims Tribunal, Katghora, District Korba (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.16,78,664/- as compensation for the death of Pardeshi Birhor. 2. Learned counsel for the appellants would submit that learned Claims Tribunal has erred in awarding less amount of compensation Page No.3 of 5 IN MAC-349-2022 in the facts of the case. Claims Tribunal erred in assessing income of deceased as Rs.7290/- per month which should be Rs.8600/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Further, on the head of loss of estate and funeral expenses, Rs.16,500/- each has bee given, whereas it ought to have been Rs.18,000/- on each head. Even, no amount on the head of loss of consortium for appellant No.4 has ben awarded, for which, an amount of Rs.44,000/- ought to have been awarded. 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.7290/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the Page No.4 of 5 IN MAC-349-2022 office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased should be Rs.8600/- PM (as per minimum wages prescribed at relevant time). Even on the heads of loss of estate and funeral expenses, Rs.16,500/- each has been given, whereas it ought to have been Rs.18,000/- on each head. Further, no amount on the head of loss of consortium for appellant No.4 has ben awarded, for which, an amount of Rs.44,000/- ought to have been awarded. 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.7290 x 12 = Rs.87,480/- Rs.8600 x 12 = Rs.1,03,200/- 2. Future Prospect (+) 40% (i.e. Rs.34,992/-) = (+) 40% (i.e. Rs.41,280/-) = 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.5 of 5 IN MAC-349-2022 Rs.1,22,472/- Rs.1,44,480/- 3. Deduction (-) 1/4 (i.e. Rs.30,618/-) = Rs.91,854/- (-) 1/4 (i.e. Rs.36,120/-) = Rs.1,08,360/- 4. Multiplier (x) 16 = Rs.14,69,664/- (x) 16 = Rs. Rs.17,33,760/- 5. Loss of Estate Rs.16,500/- Rs.18,000/- 6. Funeral Expenses Rs.16,500/- Rs.18,000/- 7. Loss of Consortium Rs.44,000/- x 4 = Rs.1,76,000/- Rs.44,000 x 5 = Rs.2,20,000/- Total Rs.16,78,664/- Rs.19,89,760/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.16,78,664/- awarded by the Claims Tribunal is enhanced to Rs.19,89,760/-. Hence, after deducting the amount of Rs.16,78,664/-, the appellants are held entitled for an additional amount of Rs.3,11,096/-. 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 @ 7% 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/- s@if (Sanjay K. Agrawal) Judge