1 2025:CGHC:55458 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 793 of 2022 1 - Dharam Kunwar W/o Late Sadhuram Aged About 55 Years R/o Village Khaliba, Police Station Gandhinagar, Tahsil Ambikapur, District Surguja Chhattisgarh. 2 - Sukhram S/o Late Sadhuram, Aged About 25 Years R/o Village Khaliba, Police Station Gandhinagar, Tahsil Ambikapur, District Surguja Chhattisgarh. ... Appellants/Claimants versus 1 - Yogesh Jaiswal S/o Shri Kishun Jaiswal Aged About 50 Years R/o House No. 412, Ring Road, Kenabandh, Bauripara, Ambikapur, Police Station And Tahsil Ambikapur, District Surguja Chhattisgarh. 2 - Adhari Ram S/o Baldev (Wrongly Mentioned As Baledav), Aged About 27 Years R/o Shardapur, Police, Police Station Chalgali, Tahsil Wadrafnagar, District Balrampur Chhattisgarh. HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.14 11:40:02 +0530 2 3 - The Branch Manager, The Oriental Insurance Company Limited, Branch Office, Ambedkar Chowk Ambikapur, District Surguja Chhattisgarh. ... Respondent(s) For Appellants : Mr. Rahul Mishra, Advocate For Respondent No. 1 : Ms. Seema Verma on behalf of Mr. Jitendra Shrivastava, Advocate For Respondent No. 3 : Mr. Raj Awasthi, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 13.11.2025 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 01/01/2022 passed by learned 3rd Additional Motor Accident Claims Tribunal, Ambikapur, District Sarguja (C.G.) in Claim Case No. 23/2020, whereby learned Claims Tribunal has awarded a total sum of Rs. 3,90,000/- as compensation to the appellants/claimants for the death of Sadhuram, aged about 65 years, who worked as a Mason. 2. Learned counsel for the appellants/claimants would submit that the Claims Tribunal has erred in assessing the 3 monthly income of the deceased as Rs. 7,000/- whereas it ought to be Rs. 9,830/- as per the minimum wages notification prevalent on the date of the accident, therefore, the amount of compensation 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 as Rs. 7,000/- whereas it ought to be Rs. 9,830/- as per the minimum wages notification prevelant on the date of the accident. 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 Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 4 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. 7,000/- x 12 = Rs. 84,000/- Rs. 9,830/- x 12 = Rs. 1,17,960/- 2. Deduction (-) 1/3 i.e. Rs. 28,000/- = Rs. 56,000/- (-) 1/3 i.e. Rs. 39,320/- = Rs. 78,640/- 3. Multiplier (x) 5 = Rs. 2,80,000/- (x) 5 = Rs. 3,93,200/- 4. Loss of Estate Rs. 15,000/- Rs. 15,000/- 5. Funeral Expenses Rs. 15,000/- Rs. 15,000/- 6. Loss of Consortium Rs. 80,000/- Rs. 80,000/- Total Rs. 3,90,000/- Rs. 5,03,200/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 3,90,000/- awarded by the Claims Tribunal is enhanced to Rs. 5,03,200/-. Hence, the claimants are held entitled for an additional amount of Rs. 1,13,200/-. 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 @ 7% per annum from the date of filing of claim application before the Tribunal i.e. 22/01/2020 till 3 (2018) 18 SCC 130 5 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 Harneets