1 2025:CGHC:56985 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 894 of 2023 1 - Smt. Maneshwari Salam, W/o. Santuram Salam, Aged About 49 Years, R/o. Kumharpara, Bagdongari Thana - Charama, District - North Bastar - Kanker Chhattisgarh 2 - Santuram Salam, S/o. Sonsingh Salam, Aged About 52 Years, R/o. Kumharpara, Bagdongari Thana - Charama, District - North Bastar – Kanker, Chhattisgarh ... Appellants Claimants versus 1 - Dhiraj Kumar Sen, S/o. Ramratan Sen, Aged About 24 Years, R/o. Pahadi, Thana - Amiliya, District - Sidhi (M.P.) -- Driver Of The Offending Vehicle Haiwa No. C.G. 07/B.L./4718). 2 - Shri Dinesh Kumar Sharma, S/o. Shri Rameshwar Prasad Sharma, R/o. Shop No. 725, C. - Market Sector 03, Bhilai, District - Durg Chhattisgarh Pin Code No. 490011. -- (Owner Of The Offending Vehicle Haiwa No. C.G. 07/B.L./4718). 3 - The United India Insurance Compnay Limited. Branch Office, Krishna Complex Kachehari Chowk Raipur, District Raipur ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.11.25 10:11:27 +0530 2 Chhattisgarh -- ( Insurer Of The Offending Vehicle Haiwa No. C.G. 07/B.L./4718). ... Respondents For Appellants : Mr. A.L.Singroul, Advocate For Respondent No.3 : Mr. Akash Shrivastava, Advocate (Single Bench) 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 has been preferred by the appellants/ claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 27.02.2023 passed by learned Motor Accident Claims Tribunal Kanker, District North Bastar Kanker in Claim Case No.49/2022, by which the claim application of the claimants has been allowed and an amount of compensation to the tune of Rs. 14,02,184/- has been awarded to the claimants for the death of Samir Salam, aged about 28 years at the time of accident. 2. Appellants who are mother & father of deceased Samir Salam filed an application under Section 166 of the Act of 1988 before the Motor Accident Claims Tribunal (for brevity 3 “Claims Tribunal”) seeking compensation to the tune of Rs. 25,80,000/- pleading therein that on the date of accident, deceased Samir Salam, aged about 28 years, was sole bread earner of the family and on account of his untimely death in the accident, the appellants have suffered economical and psychological difficulties. 3. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that deceased Samir Salam died in the accident arising out of rash & negligent driving of the offending vehicle driven by respondent No.1, owned by respondent No.2 and insured by respondent No.3. Breach of conditions of insurance policy was not found to be proved and after calculating the amount of compensation, the learned Claims Tribunal awarded Rs. 14,02,184/- as total compensation along-with interest @ 9% per annum from the date of filing of claim application. 4. Mr. A.L.Singroul, learned counsel for the appellants, would submit that the deceased was Driver and the learned Claims Tribunal has awarded very meager amount while assessing income of deceased as Rs.9,280/- per month, which should be Rs. 10,710/- per month, as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour 4 Commissioner, Chhattisgarh, as the deceased was skilled labour. Therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal may be enhanced suitably. 5. Mr. Akash Shrivastava, learned counsel appearing for the respondent No.3/ insurance company would submit that the appellants have failed to prove the exact income of deceased by producing clinching and admissible piece of evidence, hence, the learned Claims Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the learned Claims Tribunal is just and proper, which does not call for any interference. 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 7. Learned Claims Tribunal has assessed the monthly income of deceased Samir Salam to be Rs. 9,280/- per month, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for the skilled labour, the monthly income of the deceased should be Rs. 10,710/- per month, which comes to Rs.1,28,520/- per annum. 5 8. 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:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 9,280 x 12 = Rs. 1,11,360/- Rs. 10,710 x 12 = Rs. 1,28,520/- Add future prospects @ 40% Rs. 1,11,360 + Rs. 44,544 = Rs. 1,55,904/- Rs. 1,28,520 + Rs. 51,408 = Rs. 1,79,928/- Deduction of 1/2 towards personal expenses Rs. 1,55,904 – 77,952 = 77,952/- Rs. 1,79,928 – 89,964 = Rs. 89,964/- Multiplier of 17 Rs. 77,952 x 17 = Rs. 13,25,184/- Rs. 89,964 x 17 = Rs. 15,29,388/- Loss of parental consortium Rs. 44,000/- Rs. 88,000/- Funeral expenses Rs. 16,500/- Rs. 16,500/- Loss of Estate Rs. 16,500/- Rs. 16,500/- Total Rs. 14,02,184/- Rs. 16,50,388/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 9. In view of the aforesaid analysis, the amount of compensation of Rs. 14,02,184/- awarded by the Claims Tribunal is enhanced to Rs. 16,50,388/-. Hence, after deducting the amount of Rs. 14,02,184/-, the appellants are entitled for an additional amount of Rs. 2,48,204/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 10. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok