1 2025:CGHC:53370 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 52 of 2023 1 - Smt. Arti W/o Late S. Kumar Suryawanshi Aged About 32 Years R/o Nahar Para, Kirari, Police Station- Masturi, District : Bilaspur, Chhattisgarh 2 - Smt. Juga Bai W/o Late Jodhan Lal Aged About 61 Years R/o Nahar Para, Kirari, Police Station- Masturi, District : Bilaspur, Chhattisgarh ... Appellants/Claimants versus 1 - Rupnath Singh Poyam S/o Late Somaru Poyam Aged About 28 Years R/o Village- Vimalpur, Tahsil- Ramanujganj District- Surajpur At Present R/o Chhatauna, R. C. C. Plant, Police Station- Chakarbhatha Tahsil Bilha ............(Driver Of Vehicle No. C. G. 12- B. B-4290) 2 - M/s R. C. C. Cement Mix R/o C/o Laxmi Patel, Andnd Nagar Bhairotal Ward No. 48, Korba, Tahsil And District- HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.01 12:16:59 +0530 2 Korba ............(Registered Owner Of Vehicle No. C. G. 12-B. B. 4290). 3 - The United India Insurance Company Limited Through The Branch Manager, Branch Office, L I C Building, First Floor, Magarpara Road, Beside Kalyani Hospital, Bilaspur, Tahsil And District- Bilaspur ...........(Insurer Of Vehicle No. C. G. 12- B. B.- 4290) (Insurance Policy No. 270700312p101213946 For The Period From 14-05-2020 To 13-05-2021). ... Respondent(s) For Appellants : Mr. Vipin Singh Thakur, Advocate For Respondent No. 3 : Mr. P.R. Patankar, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 31.10.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of amount of compensation, challenging the impugned award dated 18/10/2022 passed by learned 2nd Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur (C.G.) in Claim Case No. 12/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 14,89,341/- as compensation to the appellants/claimants for the death of 3 S. Kumar Suryawanshi, aged about 41 years, who worked as a Rajmistri. 2. Learned counsel for the appellants/claimants would submit that the Claims Tribunal has erred in granting less compensation as the monthly income of the deceased has been assessed as Rs. 9,510/- whereas it ought to be Rs. 9,870/- as per the minimum wage notification prevalent on the date of the accident, as such, the compensation awarded by the Claims Tribunal, being on the lower side, may suitably be enhanced. 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation awarded by learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 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. A careful perusal of the record would show that the Claims Tribunal has assessed the monthly income of the deceased to be Rs. 9,510/-, however, in the opinion of this Court, his monthly income should be Rs. 9,870/- (as per minimum wages prescribed at relevant time). 4 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. 9,510/- x 12 = Rs. 1,14,120/- Rs. 9,870/- x 12 = Rs. 1,18,440/- 2. Future Prospect (+) 25% i.e. Rs. 28,530/- = Rs. 1,42,650/- (+) 25% i.e. Rs. 29,610/- = Rs. 1,48,050/- 3. Deduction (-) 1/3 i.e. Rs. 47,550/- = Rs. 95,100/- (-) 1/3 i.e. Rs. 49,350/- = Rs. 98,700/- 4. Multiplier (x) 14 = Rs. 13,31,400/- (x) 14 = Rs. 13,81,800/- 5. Funeral Expenses Rs. 15,000/- Rs. 16,500/- 6. Loss of Estate Rs. 15,000/- Rs. 16,500/- 7. Loss of Consortium Rs. 40,000/- x 2 = Rs. 80,000/- Rs. 44,000/- x 2 = Rs. 88,000/- 8. Medical Bill Rs. 47,941/- Rs. 47,941/- Total Rs. 14,89,341/- Rs. 15,50,741/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 14,89,341/- awarded by the Claims 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 Tribunal is enhanced to Rs. 15,50,741/-. Hence, the appellants are held entitled for an additional amount of Rs. 61,400/-. Respondent No. 3 is 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 filing of claim application before the Tribunal i.e. 02/01/2021 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 Harneet