1 2025:CGHC:55332 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 595 of 2021 1 - Smt. Indra Bai Wd/o Late Manharan Lal Tondon Aged About 32 Years R/o Village Latuwa, Station And Tehsil Balodabazar Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh. 2 - Ku. Sania D/o Late Manharanl Lal Tondon Aged About 14 Years Minor Through Natural Guardian Appellant No. 1, R/o Village Latuwa, Station And Tehsil Balodabazar Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh. 3 - Ku. Khushbu D/o Late Manharan Lal Tondon Aged About 12 Years Minor Through Natural Guardian Appellant No. 1, R/o Village Latuwa, Station And Tehsil Balodabazar Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh. 4 - Hemant Kumar S/o Late Manharan Lal Tondon Aged About 10 Years Minor Through Natural Guardian Appellant No. 1, R/o Village Latuwa, Station And Tehsil Balodabazar Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh. 5 - Ku. Pushpanjali D/o Late Manharan Tondon Aged About 6 Years Minor Through Natural Guardian Appellant No. 1, R/o Village Latuwa, Station And Tehsil Balodabazar Bhatapara, District : Balodabazar-Bhathapara, Chhattisgarh. 6 - Tulsi Ram (Died And Deleted) As Per Hon'ble Court Order Dated 06.10.2025. 7 - Smt. Rajim Bai W/o Tulsi Ram Tondon Aged About 60 Years R/o Village Latuwa, Station And Tehsil Balodabazar Bhatapara, District : Balodabazar- Bhathapara, Chhattisgarh. ... Appellants versus 1 - Girdhar Verma S/o Makhanlal Verma Aged About 31 Years R/o Village Watgan, Station Palari, District Balodabazar Chhattisgarh. (Owner And Driver Of Vehicle No. C.G. 22/m/4801). Digitally signed by NADIM MOHLE 2 2 - Bajaj Alliance General Insurance Company Limited Branch Office 3rd Floor Gurukruipa Tower, Near I.C.I.I. Lumbar Bank, Vyapar Vihar, Bilaspur, District Bilaspur Chhattisgarh. (Insurer Of Vehicle No. C.G. 22/m/4801). ... Respondent(s) For Appellants : Mr. Aditya Dhar Diwan, Advocate, holding the brief of Mr. Shubhank Tiwari, Advocate For Respondent No.2/Insurance Company : Mr. Shashwat Yechuri, Advocate, holding the brief of Mr. D. L. Dewangan, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 13/11/2025 1. The Claimants/appellants have filed this appeal for enhancement of compensation against award passed by the learned Motor Accident Claims Tribunal, Blaodabazar-Bhatapara, in Claim Case No. 133/2019 passed on 29.06.2021, whereby the learned Tribunal has granted compensation to the tune of Rs. 12,79,600/- on account of death of Manharan. 2. Mr. Diwan would submit that deceased Manharan Lal met with an accident on 01.11.2018, when he was dashed by the offending car (CG- 22-M-4801). He would contend that claimants, who are wife, 4 minor children and parents had filed claim case under Section 166 of the Motor Vehicle Act. He would further submit that during the pendency of claim case, father of the deceased died. It is argued that the claimants pleaded monthly income of the deceased @ Rs. 16,000/-. It is also pleaded that the age of the deceased was 36 years at the time of accident. The claimants claimed a sum of Rs. 38 lakh. 3. Mr. Diwan would further contend that the learned Tribunal assessed notional income of the deceased Rs. 6,000 per month, which is at lower 3 side looking to the minimum wages matrix applicable in the State of Chhattisgarh at the relevant time. He would pray to enhance the compensation. 4. On the other hand, Mr. Shashwat Yechuri, learned counsel appearing for Insurance Company would oppose the submission made by the counsel for the appellants and submit that the claimants failed to prove income of the deceased and the learned Tribunal has granted just and proper compensation to the claimants; thus, the appeal deserves to be dismissed. 5. Heard learned counsel for the parties and perused the record with utmost circumspection. 6. Admittedly, the deceased was 36 years of age at the time of the accident. Though it was pleaded that his monthly income was Rs. 15,000/-, but the claimants could not lead evidence to prove income of the deceased, therefore, the learned Tribunal assessed his income at Rs. 6,000/- per month, which is on the lower side as the minimum wages admissible to an unskilled labourer in the State of Chhattisgarh in the month of March 2019, was Rs. 8,140/- per month; thus, the Tribunal ought to have taken this figure into account while determining the notional income. Further, the learned Tribunal committed error of law in not awarding compensation towards loss of consortium to claimants No. 2 to 5 & 7 who are the children and mother of the deceased. Accordingly, the compensation awarded by the Tribunal requires recomputation as under:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income 6,000 x 12 = 72,000/- 8,140 x 12 = 97,680/- 2. Future Prospect 40% = 72,000 +28,800 = 1,00,800/- 40% = 97,680 + 39,072 = 1,36,752/- 4 3. Deduction 1/4 = 1,00,800-20,160 = 80,640/- 1/4= 1,36,752 – 34,188 = 1,02,564/- 4. Multiplier X15 = 12,09,600/- X 15 = 15,38,460/- 5. Loss of Estate 15,000/- 15,000/- 6. Funeral expenses 15,000/- 15,000/- 7. Loss of Consortium (appellant No.1) 40,000 Appellants No.2 to 5 & 7 (48,000 x 5)+ appellant No.1 (40,000) = 2,80,000/- Total Rs.12,79,600/- Rs.18,48,460/- Final Compensation Rs.18,48,460– 12,79,600 = Rs.5,68,860/- 7. In view of the above calculation, the claimants shall be entitled to an additional sum of Rs.5,68,860/-. The insurance company is directed to pay the enhanced compensation Rs.5,68,860/- with interest @6% to the appellants/claimants within a period of 60 days. Rest of the terms and condition of the award shall remain intact. 8. Accordingly, this appeal is allowed in part. Sd/- Rakesh Mohan Pandey JUDGE Nadim