1 2025:CGHC:58848 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 431 of 2024 1. Smt. Seema Tiwari W/o Late Chandrashekhar Tiwari, Aged About 42 Years R/o No. 09, Village And Post Nandghat, P.S. And Tahsil Nandghat, District Bemetara Chhattisgarh At Present R/o Infront Of Iti Badi Koni, P.S. Koni, Tahsil And District Bilaspur Chhattisgarh. 2. Anjali Tiwari D/o Of Late Chandrashekhar Tiwari Aged About 24 Years R/o No. 09, Village And Post Nandghat, P.S. And Tahsil Nandghat, District Bemetara Chhattisgarh At Present R/o Infront Of Iti Badi Koni, P.S. Koni, Tahsil And District Bilaspur Chhattisgarh. 3. Nitesh Tiwari, S/o Late Chandrashekhar Tiwari Aged About 19 Years R/o No. 09, Village And Post Nandghat, P.S. And Tahsil Nandghat, District Bemetara Chhattisgarh At Present R/o Infront Of Iti Badi Koni, P.S. Koni, Tahsil And District Bilaspur Chhattisgarh. 4. Shweta Tiwari D/o Late Chadrashekhar Tiwari Aged About 17 Years Minor Through Legal Natural Guardian Mother Smt. Seema Tiwari, W/o Late Chandrashekhar Tiwari, Aged About 42 Years R/o No. 09, Village And Post Nandghat, P.S. And Tahsil Nandghat, District Bemetara Chhattisgarh At Present R/o Infront Of Iti Badi Koni, P.S. Koni, Tahsil And District Bilaspur Chhattisgarh. ... Appellants versus 1. Shahbaj Ahmad S/o Abdul Ahmad Aged About 25 Years R/o Buddhaura, Post Office Hariharganj P.S. Raniganj, District Pratappur, Uuar Pradesh (Driver Of Offending Vehicle Bus Bearing Registration No. C.G. 10/r/3699 Digitally signed by AJINKYA PANSARE Date: 2025.12.09 13:28:24 +0530 2 2. Hasan Khan S/o Ali Ahmad Khan, Aged About 50 Years R/o Near Anand Hotel Old Bus St4and Rajdhari Travels Bilaspur Tahsil And District Bilaspur Chhattisgarh. (Owner Of Offending Vehicle Bus Bearing Registration No. C.G. 10/r/3699 3. Branch Manager, The New India Insurance Company Ltd. Address Rama Trades Centre, Second Floor, Infront Of Rajiv Gandhi, Old Bus Stand, Bilaspur Tahsil And District Bilaspur Chhattisgarh. (Insurer Of Offending Vehicle Bus Bearing Registration No. C.G. 10/r/3699 ... Respondents For Appellants : Mr. Vipin Singh Thakur, Advocate For Respondent No.1 & 2 : Mr. Prashant Sahu, Advocate For Respondent No.3 : Mr. Sourabh Gupta, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 4-12-2025 1) This appeal has been preferred by the appellants/ claimants under Section 173 of Motor Vehicle Act, 1988 assailing the award passed by learned Eighth Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 229/2023 dated 21.11.2023 whereby learned Claims Tribunal has passed an award to the tune of Rs. 12,62,330/- with interest @ 9% on account of death of Chandrashekhar Tiwari. 2) Facts of the present case are that on 8.1.2023, the deceased Chandrashekhar was returning home on motorcycle and when he reached near Khaira Chowk, offending bus bearing registration No. CG–10–R–3699 dashed him. In the accident, Chandrashekhar sustained grievous injuries and died. Claimants, 3 who are widow and children of the deceased moved claim application claiming therein compensation to the tune of Rs. 16,00,000/- and pleaded that the deceased was aged about 52 years and was earning Rs. 15,000/- per month working as a local priest. Learned Tribunal framed issues ; parties led evidence and learned Tribunal passed the award. 3) Learned counsel for the appellants submits that learned Tribunal has assessed the notional income of the deceased to be Rs. 9,700/- per month which is not in consonance with the minimum wage matrix applicable in the State of Chhattisgarh at the relevant time. He fairly submits that under conventional heads, learned Claims Tribunal has awarded just and proper compensation. He prays to modify the award accordingly. 4) On the other hand, learned counsel appearing for the respondents would oppose. They submit that learned Tribunal has awarded just and proper compensation and this appeal deserves to be dismissed. 5) Heard learned counsel for the parties and perused the record with utmost circumspection. 6) Admittedly, claimants have not placed on record any document to demonstrate the monthly income of the deceased. However, learned Claims Tribunal has assessed the monthly income of the deceased to be Rs. 9,700/- whereas according to the minimum 4 wage matrix applicable in the State of Chhattisgarh, minimum wages payable to an unskilled laborer in January, 2023 was Rs. 9,960/- per month and learned Tribunal ought to have considered that figure. However, under other conventional heads Claims Tribunal has awarded just and proper compensation and same does not warrant any interference. 7) Thus, in light of the aforesaid discussion, this Court is re- computing the compensation as below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Annual Income Rs. 1,16,400/- (@Rs. 9,700 pm) Rs. 1,19,520/- (@Rs. 9,960 pm) 2. Annual Income adding Future Prospect Rs. 1,28,040/- (@10%) Rs. 1,31,472/- (@10%) 3. Annual income after Deduction towards personal expenses Rs. 96,030/- (@1/4) Rs. 98,604/- (@1/4) 4. Annual Income after applying Multiplier Rs. 10,56,330/- (@11) Rs. 10,84,644/- (@11) 5. Loss of Estate Rs. 15,000/- Rs. 15,000/- 6. Funeral expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium Rs. 1,76,000/- (Rs. 44,000 x 4) Rs. 1,76,000/- (Rs. 44,000 x 4) TOTAL Rs. 12,62,330/- Rs. 12,90,644/- 8) Accordingly, the amount of compensation of Rs.12,62,330/- awarded by the Claims Tribunal is enhanced to Rs.12,90,644/-. 5 Hence, the appellants are entitled for an additional amount of Rs. 28,314/-. The Insurance Company is directed to make payment of additional compensation assessed herein-above within period of 60 days. 9) Accordingly, the appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a