1 MAC No. 461 of 2023 2025:CGHC:58861 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 461 of 2023 1.Sangeeta Dhruw W/o Late Kirtan Kumar Dhruw, Aged About 27 Years; 2.(Minor) Meera Dhruw D/o Late Kirtan Kumar Dhruw Aged About 5 Years; 3.(Minor) Prince Dhruw S/o Late Kirtan Kumar Dhruw Aged About 3 Years; Appellant No.2 & 3 are Minor Through Legal Guardian Mother Sangeeta Dhruw W/o Late Kirtan Kumar Dhruw. 4.Vimla Dhruw W/o Mansukha Dhruw Aged About 60 Years; All are R/o Village - Pasaud, Thana -Fingeshwar, District - Gariyabandh, Chhattisgarh. ... Appellant versus 1.Yashwant Kumar Sahu S/o Omkar Ram Sahu Aged About 36 Years, R/o Village - Basin, Thana - Fingeshwar, District - Gariyabandh, Chhattisgarh, Pin Code No. 493992 (Driver Cum Owner Of Offending Vehicle Motor Cycle No. C.G.04/K.Q./2944). ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.12.05 10:57:44 +0530 2 MAC No. 461 of 2023 2.H.D.F.C. Ergro General Insurance Company Limited, Address - Chawala Complex, Devendra Nagar Road, Sai Nagar Raipur, Tahsil And District - Raipur, Chhattisgarh, (Insurer Of Offending Vehicle Motor Cycle No. C.G.04/K.Q./2944). ... Respondents For Appellants :- Mr. A.L. Singroul, Advocate. For Respondent No.2 :- Mr. Harshmader Rastogi, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 04.12.2025 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 17.01.2023 passed by the Additional Motor Accident Claims Tribunal, Gariyaband Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 140/2021 whereby learned Claims Tribunal has awarded a sum of 12,98,080/- ₹ as compensation along with interest for death of Kirtan Kumar Dhruw. 3 MAC No. 461 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 ₹8,600/- per month which should be 10,710/- as ₹ per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh and also under the heads of loss of estate, funeral expenses and consortium less amount has been awarded by the Claims Tribunal which is liable to be enhanced, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3.Mr. Harshmander Rastogi, learned counsel for the Insurance Company/respondent No.2, would submit that the appellant has 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, 4 MAC No. 461 of 2023 hence, the Tribunal is justified in assessing income of deceased persons on notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 4.I have heard learned counsel for the parties, considered their rival submissions made herein- above and gone through the records meticulously. 5.Learned Claims Tribunal assessed the monthly income of deceased to be 8,600/-, 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 should be ₹10,710/- (as per minimum wages prescribed at relevant time) who was a skilled labout and ₹1,28,520/- per annum. Moreover, under the heads of loss of estate, funeral expenses and consortium the amount is also liable to be enhanced and awarded, as 5 MAC No. 461 of 2023 such, the compensation amount is liable to be enhanced. 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. 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 ₹8,600 x 12 = ₹ 1,03,200/- ₹ 10,710 x 12 = ₹1,28,520/- 2. Future prospect (+)40% = 41,280/- ₹ total income = ₹ 1,44,480/- (+) 40% = 51,408/- ₹ total income = ₹ 1,79,928/- 3. Deduction (-) ¼ = 36,120/- ₹ ₹1,44,480–36,120= ₹1,08,360/- [wrongly calculated by Claims Tribunal = 72,240/-] ₹ (-) ¼ = 44,982/- ₹ ₹1,79,928–44,982= ₹1,34,946/- (total income) 4. Multiplier (x) 17 = ₹18,42,120/- [wrongly calculated by Claims Tribunal = 12,28,080] ₹ (x) 17 = 22,94,082/- ₹ 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 MAC No. 461 of 2023 5. Loss of Estate ₹15,000/- 16,500/- ₹ 6. Funeral Expenses ₹15,000/- 16,500/- ₹ 7. Spousal Consortium ₹40,000/- 44,000/- ₹ 8. Filial Consortium Nil 88,000/- ₹ 9. Parental consortium Nil 44,000/- ₹ Total ₹19,12,120/- [wrongly awarded by the Claims Tribunal 12,98,080/-] ₹ ₹25,03,082 /- 7.In view of the aforesaid analysis, the amount of compensation of 12,98,080/- ₹ [wrongly] awarded by the Claims Tribunal is enhanced to ₹25,03,082 /-. Hence, after deducting the amount of 12,98,080/- ₹ , the appellants are held to be entitled to an additional amount of ₹12,05,002/- . The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three months 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 till its 7 MAC No. 461 of 2023 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 Ankit