1 2025:CGHC:53289 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 526 of 2024 1 - Smt. Ratanbai Wd/o Late Roop Singh Aged About 47 Years R/o Labdapara (Podi), Teh. Pali, District : Korba, Chhattisgarh 2 - Ranjita Patel D/o Roop Singh Aged About 11 Years Being Minor She Is Represented By Her Mother Appellant No. 1, R/o Labdapara (Podi), Teh. Pali, District : Korba, Chhattisgarh ... Appellants versus 1 - Safi Alam Ansari S/o Nasim Ansari Aged About 32 Years R/o Ambikapur Ghutrapara (Mahamayapara) Ward No. 4, P.S. Kotwali, Distt. Ambikapur, Chhattisgarh (Driver) 2 - Naushad Ansari S/o Ali Aham Ansari R/o Ambikapur Ghutrapara (Mahamayapara) Ward No. 4, P.S.- Kotwali, Distt. Ambikapur, Chhattisgarh (Owner Of Vehicle Cg-15ac-5409) 3 - Oriental Insurance Company Ltd. Through Its Branch Manager, Old Bus Stand, Korba, Geetanjali Complex, District : Korba, Chhattisgarh ... Respondent(s) For Appellants : Mr. Pallav Mishra, Advocate Digitally signed by NADIM MOHLE 2 For Respondent No.3 : Mr. Anil Gulati, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 31/10/2025 1. The appellants/claimants have filed this appeal for enhancement of compensation against award passed by the learned First Additional Motor Accident Claims Tribunal, Katghora, District Korba, in Claim Case No. 14/2023, whereby the learned Tribunal has passed award to the tune of Rs. 13,10,360/- with interest @ 7 % per annum on account of death of Ranjeet Kumar Patel. 2. Mr. Pallav Mishra, learned counsel for the appellant would submit that the age of the deceased was 20 years on the date of accident i.e. 31.12.2022 and he was working as Mason. He would contend that the claim case was filed by mother and sister of the deceased. He would contend that learned Tribunal has assessed notional income of the deceased at Rs. 7,800/- which is at lower side. He would further contend that the minimum wage payable to the semi-skilled labourer in the month of December, 2022 was Rs. 10,820. He would fairly submit that on other conventional heads, the learned Tribunal has awarded just and proper compensation. 3. On the other hand, learned counsel appearing for the respondent No.3 would submit that the learned Tribunal has awarded just and proper 3 compensation. The claimants failed to prove income of the deceased; thus, this appeal deserves to be dismissed. 4. Heard learned counsel for the parties and perused the record. 5. Undisputedly, the minimum wages for semiskilled labour in the month December, 2022, was Rs. 10,820, and this fact has not been considered by the learned Tribunal as the deceased was working as Mason and wrongly assessed notional monthly income of the deceased at Rs. 7,800/- which appears to be at lower side. However, on other conventional heads, learned Tribunal has awarded just and proper compensation; thus, the compensation requires re-computation as under:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income 7,800 x 12 = 93,600/- 10,820 x 12 = 1,29,840/- 2. Future Prospect 40 % =37,440 + 93,600= 1,31,040/- 40% = 51,936+1,29,840 = 1,81,776/- 3. Deduction 1/2= 65,520 ½ = 90,888 4. Multiplier 18= 11,79,360/- 18 = 16,35,984/- 5. Loss of Estate 16,500/- 16,500 6. Funeral expenses 16,500/- 16,500 7. Loss of Consortium (for appellant No. 1 & 2 ) 44,000 x 2 = 88,000 88,000 8. TOTAL Rs.13,10,360/- Rs.17,56,984/- 4 In view of the above calculation, the claimant would be entitled for compensation of Rs.17,56,984/-. Since, the learned Tribunal has already awarded Rs.13,10,360/-, therefore, the appellants are held entitled to get compensation of Rs.4,46,624/-. The insurance company is directed to pay enhanced compensation i.e. Rs.4,46,624/- with interest @ 7 % to the appellants /claimants within a period of 60 days, failing which, the amount shall carry penal interest @ 18 % per annum. Accordingly, this appeal is allowed in part. Sd/- Rakesh Mohan Pandey JUDGE Nadim