1 MAC No. 138 of 2023 2025:CGHC:56976 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 138 of 2023 1.Smt. Salita Gupta W/o Late Om Prakash Gupta, Aged About 40 Years; 2.Kumari Diksha Gupta D/o Late Om Prakash Gupta, Aged About 21 Years; 3.Ashish Gupta S/o Late Om Prakash Gupta, Aged About 19 Years; Minor At The Time Of Presentation Of Claim Appellant No. 2 To 3, Currently Major). All are R/o Krishna Nagar, Ram Nagar Raipur Tahsil And District Raipur Chhattisgarh. ... Appellants/Claimants versus 1.Niraj Yadav S/o Mata Prasad Yadav, R/o Village Manwagaon, Near - Over Bridge, Police Station Mandir Hasaud Raipur, Tahsil And District Raipur Chhattisgarh. (Driver Of The Offending Vehicle Tanker No. CG- 07/B.E./0412). 2.Ram Pratap Singh Rajput S/o Jagdish Singh Rajput, R/o O.-3, C-43, A/2 Transport Nagar, Bhilai District Durg Chhattisgarh. (Owner Of The Offending Vehicle Tanker No. CG-07/B.E./0412). ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.11.25 16:46:08 +0530 2 MAC No. 138 of 2023 3.The New India Insurance Company Limited By Branch Office Gujrat, Divisional Manager, Divisional Office Kachehari Chowk Raipur, Tahsil And District - Raipur Chhattisgarh. (Insurer Of The Offending Vehicle Tanker No. CG-07/B.E./0412). ... Respondents For Appellants :- Mr. A.L. Singroul, Advocate. For Respondent No.1:- Mr. Ajay Mishra, Advocate. For Respondent No.3:- Ms. Harneet Kaur, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 24.11.2025 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 in the amount of compensation, challenging the impugned award dated 18.10.2022 passed by the 12th Additional Motor Accident Claims Tribunal, Raipur, District Raipur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 172/2018, whereby learned Claims Tribunal has awarded a total sum of 9,20,040/- ₹ as compensation along with interest for death of Om Prakash Gupta. 3 MAC No. 138 of 2023 2.Mr. A.L. Singroul, learned counsel for the appellants, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. He would also submit that the Claims Tribunal erred in assessing income of deceased as ₹7,800/- per month which should be 8,450/- as ₹ per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh and also under the heads of funeral expenses, loss of estate and consortium less amount has been awarded by the Claims Tribunal, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3.Mr. Ajay Mishra, learned counsel for respondent No.1, would submit that respondent No.1 is not liable to pay the compensation amount to the claimants. 4.Ms. Harneet Kaur, learned counsel for the Insurance Company/respondent No.3, would oppose the prayer made by learned counsel for the 4 MAC No. 138 of 2023 appellants and support the impugned award. She would also submit that the appellants have failed to prove nature of occupation and income of deceased by producing clinching and admissible piece of evidence and also the age of the deceased, hence, the Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 5.I have heard learned counsel for the parties, considered their rival submissions made herein- above and gone through the records meticulously. 6.Learned Claims Tribunal assessed the monthly income of deceased to be 7,800/-, however, in ₹ the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased, who was an unskilled labour, should 5 MAC No. 138 of 2023 be 8,450/- (as per minimum wages prescribed at ₹ relevant time) and ₹1,01,400/- per annum. Furthermore, under the heads of funeral expenses, loss of estate and consortium the compensation amount is liable to be enhanced. 7.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. 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 ₹ 7,800 x 12 = ₹ 93,600/- ₹ 8,450 x 12 = ₹1,01,400/- 2. Future prospect (+) 10% = 9,360/- ₹ total income = ₹ 1,02,960/- (+)10% = ₹10,140/- total income = ₹ 1,11,540/- 3. Deduction (-) 1/3 = ₹ 34,320/- ₹1,02,960-34320 = ₹68,640/- (total income) (-) 1/3 = ₹ 37,180/- ₹ 1,11,540 – 37,180 = ₹74,360/- (total income) 4. Multiplier (x) 11 = ₹ 7,55,040/- (x) 11 = ₹ 8,17,960/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 MAC No. 138 of 2023 5. Loss of Estate ₹16,500/- ₹ 18,000/- 6. Funeral Expenses ₹16,500/- ₹ 18,000/- 7. Spousal Consortium ₹44,000/- 48,000/- ₹ 8. Filial Consortium ₹88,000/- 96,000/- ₹ Total ₹9,20,040/- ₹9,97,960 /- 8.In view of the aforesaid analysis, the amount of compensation of ₹9,20,040/- awarded by the Claims Tribunal is enhanced to 9,97,960 ₹ /-. Hence, after deducting the amount of ₹9,20,040/-, the appellants are held to be entitled to an additional amount of 77,920/- ₹ . The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal till its realization. As directed by the Claims Tribunal the Insurance Company is directed to pay the amount to the claimants and thereafter recover the same from the owner and driver of the offending vehicle who are respondents No.1 & 2 herein. Rest of the 7 MAC No. 138 of 2023 conditions of the impugned award shall remain intact. 9.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 Ankit