-1- NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 563 of 2024 1 - Smt. Hemlata Wd/o Late Chandrakumar Sahu, Aged About 37 Years R/o Village Chhindoli, Post Bavankera, Police Station Patewa, Tehsil District Mahasamund Chhattisgarh. 2 - Minor Harshita D/o Late Chandrakumar Sahu, Aged About 16 Years Through Natrual Guardian Mother (Appellant No. 1) R/o Village Chhindoli, Post Bavankera, Police Station Patewa, Tehsil District Mahasamund Chhattisgarh. 3 - Minor Chanchal Sahu D/o Late Chandrakumar Sahu Aged About 13 Years Through Natrual Guardian Mother (Appellant No. 1) R/o Village Chhindoli, Post Bavankera, Police Station Patewa, Tehsil District Mahasamund Chhattisgarh. 4 - Minor Lokmanya Sahu S/o. Late Chandrakumar Sahu Aged About 6 Years Through Natrual Guardian Mother (Appellant No. 1) R/o Village Chhindoli, Post Bavankera, Police Station Patewa, Tehsil District Mahasamund Chhattisgarh. 5 - Pooran Sahu S/o. Sadhuram Sahu, Aged About 68 Years R/o Village Chhindoli, Post Bavankera, Police Station Patewa, Tehsil District Mahasamund Chhattisgarh. 6 - Priyatama Sahu W/o. Pooran Sahu Aged About 59 Years R/o Village Chhindoli, Post Bavankera, Police Station Patewa, Tehsil District Mahasamund Chhattisgarh. ... Appellants/claimants versus 1 - Anshul Khattar S/o. Kishan Khattar Aged About 27 Years R/o. 49, Igvp Kishan Siknghetic Pandri Raipur Tehsil And District Raipur Chhattisgarh. Driver Of Vehicle Bearing No. C.G. 04 M.R. 9993 2 - Kamal Khattar S/o. Kishan Khattar, R/o. 49, Igvp Kishan Siknghetic Pandri Raipur Tehsil And District Raipur Chhattisgarh. Owner Of Vehicle Bearing No. C.G. 04 M.R. 9993 3 - Division Manager, Iffco Tokio General Insurance Company Limited Office M M Silver Plaza Opposite Udyog Bhavan Ring Road No. 1, Raipur Tehsil And Raipur Chhattisgarh. Insurer Of Vehicle Bearing No. C.G. 04 M.R. 9993 ... Respondents For Appellants/Claimants : Mr. Shubhank Tiwari, Advocate For respondent No.3 : Ms. Shrejal Gupta, Advocate holding the brief of Mr. Vaibhav Shukla, Adv. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board -2- 10.11.2025 1) With the consent of the parties, the matter is heard finally. 2) The appellants/claimants have filed this appeal for enhancement of compensation against an award passed by the learned First Additional Motor Accidents Claims Tribunal, Mahasamund (C.G.), in Claim Case No.214/2021, dated 21.08.2023 whereby, the learned Tribunal has granted compensation to the tune of Rs.15,15,034/- with interest @ 7% per annum on account of death of Chandrakumar Sahu. 3) The claimants, who are widow, parents and children of the deceased filed a claim case under Section 166 of the Motor Vehicle Act, 1988 wherein, they pleaded that on 28.02.2021, the deceased Chandrakumar Sahu who was aged about 41 years met with an accident, resultantly sustained injuries and succumbed to death during course of treatment. The claimants claimed compensation to the tune of Rs.47,00,000/-. 4) Learned counsel appearing for the appellants/claimants would submit that the learned Tribunal has assessed the monthly income of the deceased Rs.6,000/- which is at lower side looking to the minimum wages matrix prevalent on the date of accident. He would contend that the learned Tribunal has not awarded proper compensation for loss of consortium to the claimants No.2 to 6. He would pray to enhance the compensation accordingly. 5) On the other hand, Ms. Gupta, the learned counsel appearing for the Insurance Company would oppose the submissions made by Mr.Tiwari. She would submit that the claimants failed to prove the income of the deceased, therefore, the learned Tribunal rightly assessed it Rs.6,000/- per month. She would further submit that the learned Tribunal has granted just and proper compensation. She would lastly submit that the appeal deserves to be dismissed. -3- 6) I have heard the learned counsel appearing for the parties and perused the record with utmost circumspection. 7) In absence of evidence, learned Tribunal ought to have applied minimum wages matrix applicable in the State of Chhattisgarh at the relevant time to assess the notional income of the deceased. According to the minimum wages matrix, the admissible wages to unskilled labourer in the month of June, 2021 was Rs.7,800/- and the learned Tribunal ought to have considered that figure while computing the compensation. Further, learned Tribunal has awarded Rs.10,000/- each to the claimants No.2 to 6 for loss of consortium which is at lower side according to the judgment passed by the Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi, reported in 2017 (16) SCC 680. On other heads, learned Tribunal has awarded just and proper compensation. 8) Taking into consideration the above-discussed facts and the law laid down by the Hon’ble Supreme Court, the compensation requires recomputation and same is being revisited herein below : Sr.No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs.6000 x12 =72,000/- Rs.7,800x 12 = 93,600/- 2. Future Prospect 25% of 72,000/- 18000+72,000=90,000/- 25% of 93,600/- 93,600 +23,400=1,17,000/- 3. Deduction 1/4 of 90,000/- = 22,500/- 90,000-22,500=67,500/- 1/4 of 1,17,000/- = 29,250/- 1,17,000-29,250=87,750/- 4. Multiplier X 14 67,500 x 14 =9,45,000/- X 14 87,750 x 14 = 12,28,500/- 5. Loss of Estate Rs.15,000/- Rs.15,000/- -4- 6. Funeral expenses Rs.15,000/- Rs.15,000/- 7. Loss of Consortium (for appellant No.1) Rs.40,000/- Rs.40,000/- 8. Loss of Consortium (for appellant No.2 to 6) Rs.10,000 x 5 = Rs.50,000/- Rs.40,000/- (with 10%) = Rs.44,000/- x 5= 2,20,000/- 9 For medical expenses Rs.4,50,034/- Rs.4,50,034/- 10. Total Rs.15,15,034/- Rs.19,68,534/- 9) Accordingly, the amount of compensation of Rs.15,15,034/- awarded by the Claims Tribunal is enhanced to Rs19,68,534/- Hence, after deducting the amount of Rs.15,15,034/-, the appellants are entitled for an additional amount of Rs.4,53,500/- The additional amount of compensation shall carry interest @ 7% per annum from the date of application till its realization. The rest of the terms and conditions of award shall remain intact. 10) Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Rekha