1 2025:CGHC:60341 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1564 of 2023 1 - Parashram Sahu, S/o. Shri Chaitram Sahu, Aged About 50 Years, R/o. 256, Jhumka, Balodabazar, Police Station Sarsinva, District Balodabazar Bhatapara (Chhattisgarh) 2 - Smt. Kumari Sahu, W/o. Shri Parasram Sahu, Aged About 46 Years, R/o. 256, Jhumka, Balodabazar, Police Station Sarsinva, District Balodabazar Bhatapara (Chhattisgarh) ... Appellant versus 1 - Suraj Singh Dhruv, S/o. Shri Dhannu Singh Dhruv, Aged About 22 Years, At Present R/o. House Of Vijay Chhute Insurance Vali, Near Gurudwara, Mahaveer Nagar, Police Station Telibandha, Raipur (Chhattisgarh)...........(Driver Of The Vehicle Truck No. CG-04/MS-9111) 2 - Smt. Pryanka Shrivastava, W/o. Prakash Kumar, Aged About 38 Years, R/o. C-306, Avinash Pride, Heerapur, Police Station Kabir Nagar, Raipur, District Raipur (Chhattisgarh)............(Owner Of The Vehicle Truck No. CG-04/MS-9111) 3 - Cholamandalam M.S. General Insurance Company Limited, Through Branch Manager, Branch Office, Simran Tower, Infront Of L.I.C. Building, Pandari Road, Raipur (Chhattisgarh)...............(Insurer Of The Vehicle Truck No. CG-04/MS-9111) ... Respondents ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.12.12 14:01:22 +0530 2 For Appellant : Mr. Vikram Pratap, Advocate on behalf of Mr. Shikhar Sharma, Advocate For Respondent No.3 : Mr. Sangeet Kumar Kushwaha, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 11.12.2025 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 Third Additional Motor Accident Claims Tribunal, Raipur, in Claim Case No.400/2021, by which the claim application of the claimants has been allowed and an amount of Rs. 12,47,716/- has been awarded as compensation to the claimants for the death of Gopal Sahu, aged about 24 years, at the time of incident. 2. Appellants, who are father & mother of deceased Gopal Sahu filed an application under Section 166 of the Act of 1988 before the Motor Accident Claims Tribunal (for brevity “Claims Tribunal”) seeking compensation to the tune of Rs. 41,00,000/- pleading therein that on the date of accident, deceased Gopal Sahu, aged about 24 years, was a sole bread earner of the family and on 3 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 Gopal Sahu died in the accident arising out of rash & negligent driving of the offending vehicle driven by the respondent No.1, owned by the respondent No.2 and insured by the 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. 12,47,716/- as total compensation with interest @ 9% per annum from the date of filing of claim application. 4. Mr. Vikram Pratap, learned counsel appearing for the appellants, would submit that the learned Claims Tribunal has taken monthly income of the deceased as Rs. 6,000/- per month as unskilled labour; whereas he was skilled labour and getting salary of Rs.15,000/- per month, which has been duly been proved by Raja Kushwaha (AW-3) proprietor of SKYLINE where the deceased used to work. Therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal may be enhanced suitably. 4 5. Mr. Sangeet Kumar Kushwaha, learned counsel for the insurance company/ respondent No.3 would oppose the submission made by learned counsel for the appellants/claimants and submit that 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 Gopal Sahu to be Rs.6,000/- per month as unskilled labour, however, it was duly proved by Raja Kushwaha (AW-3), employer of the deceased, that deceased was skilled labour. In that view of the matter, 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 ought to have been taken Rs.10,030/- per month, which comes to Rs. 1,20,360/- per annum. 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 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 5 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. 6000 x 12 = Rs. 72,000/- Rs. 10,030 x 12 = Rs. 1,20,360/- Add future prospects @ 40% Rs. 72,000 + Rs. 28,800 = Rs. 1,00,800/- Rs. 1,20,360 + Rs. 48,144 = = Rs. 1,68,504/- Deduction of 1/2 Rs. 50,400/- Rs. 84,252/- Multiplier of 18 Rs. 50,400 x 18 = Rs. 9,07,200/- Rs. 84,252 x 18 = Rs. 15,16,536/- Loss of Estate Rs. 15,000/- Rs. 18,000/- Funeral Expenses Rs. 15,000/- Rs. 18,000/- Filial Consortium Rs. 40,000/- Rs. 96,000/- Medical Bills Rs. 2,70,516 Rs. 2,70,516/- Total Rs. 12,47,716/- Rs. 19,19,052/- 9. In view of the aforesaid analysis, the amount of compensation of Rs. 12,47,716/- awarded by the Claims Tribunal is enhanced to Rs. 19,19,052/-. Hence, after deducting the amount of Rs. 12,47,716/-, the appellants/claimants are entitled for an additional amount of Rs. 6,71,336/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period 3 (2018) 18 SCC 130 6 of 45 days from the date of receipt of 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 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