(MAC No.1579/2023) 2025:CGHC:59252 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1579 of 2023 {Arising out of award dated 3-5-2023 passed by the 10th Additional Motor Accident Claims Tribunal, Bilaspur in Motor Accident Claim Case No.336/2020} 1. Madhuri Nishad, W/o Late Amit Kumar Shriwas, aged about 20 years, 2. Tushar Shriwas, S/o Late Amit Shriwas, aged about one month (Minor), Through Natural Guardian Mother Madhuri Nishad, W/o Amit Kumar Shriwas (Appellant No.1), Both R/o Village Lingiyadih, Basant Vihar, Police Station Sarkanda, Tahsil and District Bilaspur (Chhattisgarh) (Claimants) ... Appellants versus 1. Vijay Kumar Sarthi, aged about 25 years, S/o Latel Ram, R/o Village Singri Para Budgahan, Baloda, Police Station Baloda, District Janjgir- Champa (Chhattisgarh) (Driver of the offending vehicle CG-11/AB- 2543) 2. Satya Shankar Rathore, S/o Ramcharan Rathore, R/o Village Budgahan, Baloda, Police Station Baloda, District Janjgir-Champa (Chhattisgarh) (Owner of the offending vehicle CG-11/AB-2543) 3. The New India Insurance Company Limited, Through Branch Manager, Branch Office Second Floor, Rama Trade Center, In front of Rajiv Plaza, Old Bus Stand Road, Police Station Civil Line, Tahsil & District Bilaspur (Chhattisgarh) (Insurer of the offending vehicle CG-11/AB-2543) 4. Anita Shrivas, aged about 52 years, Wd/o Late Santosh Shrivas, R/o Ganesh Nagar, Chuchuhiyapara Under Bridge, Police Station Sirgitti, Tahsil & District Bilaspur (Chhattisgarh) (Res. No.4/Applicant No.3) ... Respondents For Appellants : Mr. Mohammad Parvez Khan, Advocate. For Respondents No.1 & 2 : Mr. Mirza Kaisher Beg, Advocate. For Respondent No.3 : Mr. Mohd. Azad Siddiqui, Advocate. SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.12.05 18:34:14 +0530 (MAC No.1579/2023) Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 05/12/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 3-5-2023 passed by the 10th Additional Motor Accident Claims Tribunal, Bilaspur in Motor Accident Claim Case No.336/2020, whereby the learned Claims Tribunal has awarded a total sum of ₹ 18,97,260/- as compensation for the death of Amit Shriwas, who was Vehicle Mechanic & Boiler Operator, aged about 24 years at the time of incident. The appellants herein/claimants are wife and son, respectively, of deceased Amit Shriwas. 2. Mr. Mohammad Parvez Khan, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the deceased was Vehicle Mechanic & Boiler Operator and the learned Claims Tribunal ought to have taken his monthly income to be ₹ 9,120/- on the basis of notification issued under the Minimum Wages Act in the year 2021, whereas, it has been taken as ₹ 8,600/, therefore, the amount of compensation be enhanced suitably. 3. Mr. Mirza Kaisher Beg, learned counsel appearing on behalf of respondents No.1 & 2 herein/driver & owner of the offending vehicle, respectively and Mr. Mohd. Azad Siddiqui, learned counsel appearing (MAC No.1579/2023) on behalf of respondent No.3 herein/Insurance Company, would support the impugned award and oppose the appeal. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. 5. The learned Claims Tribunal has assessed the monthly income of deceased Amit Shriwas 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 ₹ 9,120/- (as per minimum wages prescribed at relevant time). 6. Thus, considering the evidence available on record and that the deceased was Vehicle Mechanic & Boiler Operator, 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. v. 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:- S. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation 1. Income ₹ 8,600/- x 12 = ₹ 1,03,200/- (Yearly Income) ₹ 9,120 x 12 = ₹ 1,09,440/- (Yearly Income) 2. Future Prospect (+) 40% i.e. ₹ 41,280/-; 40% i.e. ₹ 43,776/-; total 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.1579/2023) total yearly income = ₹ 1,03,200 + 41,280 = ₹ 1,44,480/- yearly income = ₹ 1,09,440 + 43,776 = ₹ 1,53,216/- 3. Deduction (-) 1/3 = ₹ 48,160/- ₹ 1,44,480 – 48,160 = ₹ 96,320/- (-) 1/3 = ₹ 51,072/- ₹ 1,53,216 – 51,072 = ₹ 1,02,144/- 4. Multiplier (x) 18 = ₹ 17,33,760/- (x) 18 = ₹ 18,38,592/- 5. Loss of Estate ₹ 16,500/- ₹ 16,500/- 6. Funeral Expenses ₹ 15,000/- ₹ 16,500/- 7. Loss of Love & Affection ₹ 88,000/- ₹ 88,000/- 8. Loss of Consortium ₹ 44,000/- ₹ 44,000/- Total ₹ 18,97,260/- ₹ 20,03,592/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 18,97,260/- awarded by the Claims Tribunal is enhanced to ₹ 20,03,592/-. Hence, after deducting the amount of ₹ 18,97,260/-, the appellants are held entitled for an additional amount of ₹ 1,06,332/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 06-3- 2020 till its realisation. 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 Soma