(MAC No.649/2023) 2025:CGHC:60303 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 649 of 2023 {Arising out of award dated 16-3-2023 passed by the 1st Additional Motor Accident Claims Tribunal, Baloda Bazaar in Motor Accident Claim Case No.70/2018} 1. Samaru, S/o Ushat Ram, Caste Sanwra, aged about 65 years, 2. Ahiliya Bai, W/o Samaru, Caste Sanwra, aged about 62 years, 3. Kamini, D/o Samaru, Caste Sanwra, aged about 23 years, 4. Minor Gulshan Kumar, S/o Samaru, Caste Sanwra, aged about 15 years, Minor Appellant No. 4 through legal guardian father appellant No.1 All are R/o Village Dhamalpura, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara Chhattisgarh. (Claimants) ... Appellants versus 1. Bhojraj Bhoi @ Kailash Bhoi, S/o Dayalal Bhoi, aged about 38 years, R/o Village Dipapara Baya, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. (Driver of alleged offending vehicle Truck bearing registration No.CG-04/ZD-0473) 2. Laxmilal Nayak, S/o Anand Singh Nayak, R/o Lucky Singh Station Road, Satkar Hotel Gali, Raipur, District Raipur, Chhattisgarh. Present address Chacherapali, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapra Chhattisgarh. (Owner of alleged offending vehicle Truck bearing registration No.CG-04/ZD-0473) SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.12.12 17:36:53 +0530 (MAC No.649/2023) 3. Insurance Company The New India Insurance Company Limited, Branch Office Ambedkar Chowk, Baloda Bazar, Bhatapara, District Baloda Bazar-Bhatapara, Chhattisgarh. (Insurer of alleged offending vehicle Truck bearing Registration No.CG-04/ZD-0473) 4. Kamal Panda, S/o Tarachand Panda, aged about 27 years, R/o Chacherapali, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. (Driver of alleged offending vehicle Tractor bearing registration No.CG-04/DT- 3638) 5. Ushat Malik, S/o Puna Malik, R/o Village Dhamalpura, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar- Bhatapara, Chhattisgarh (Owner of alleged offending vehicle Tractor bearing registration No.CG-04/DT- 3638) 6. Ishwar Bariha, S/o Tilakram Bariha, aged about 35 years, R/o Dhamalpura, Chowki Baya, Police Station Rajadeori, Tahsil Kasdol, District Baloda Bazar-Bhatapara, Chhattisgarh. (Unregistered owner of alleged offending vehicle Tractor bearing registration No. CG-04/DT- 3638) 7. Insurance Company Shriram General Insurance Company Limited, Branch Office 4th Floor, Maruti Height, Mohba Bazar, Raipur, District Raipur, Chhattisgarh. (Insurer of alleged offending vehicle Tractor bearing registration No.CG-04/DT- 3638) ... Respondents For Appellants : Mr. Anil Das Kuldeep, Advocate. For Respondents No.1 & 2: Mr. Sahil Sahu, Advocate on behalf of Mr. Sunil Sahu, Advocate. For Respondent No.3 : Mr. Deepak Gupta, Advocate. For Respondent No.7 : Ms. Vartika Shrivastava, Advocate on behalf of Mr. P.R. Patankar, 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 herein/claimants seeking enhancement in the amount of compensation, challenging the (MAC No.649/2023) impugned award dated 16-3-2023 passed by the 1st Additional Motor Accident Claims Tribunal, Baloda Bazaar in Motor Accident Claim Case No.70/2018, whereby the learned Claims Tribunal has awarded a total sum of ₹ 11,28,400/- (wrongly calculated by the Claims Tribunal as ₹ 11,28,600/-) as compensation for the death of Yamini Sanwra, who was an unskilled labour, aged about 19 years at the time of incident. The appellants herein/claimants are father, mother, sister and brother, respectively, of deceased Yamini Sanwra. 2. Mr. Anil Das Kuldeep, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the deceased was an unskilled labour and the learned Claims Tribunal ought to have taken her monthly income to be ₹ 8,300/- on the basis of notification issued under the Minimum Wages Act in the year 2021, whereas, it has been taken as ₹ 7,000/, therefore, the amount of compensation be enhanced suitably. 3. Mr. Sahil Sahu, learned counsel appearing on behalf of respondents No.1 & 2 herein/driver & owner of the Truck, respectively; Mr. Deepak Gupta, learned counsel appearing on behalf of respondent No.3 herein/Insurance Company (insurer of the Truck); and Ms. Vartika Shrivastava, learned counsel appearing on behalf of respondent No.7 herein/Insurance Company (insurer of the Tractor), would support the impugned award and oppose the appeal. Page 4 of 5 (MAC No.649/2023) 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 Yamini Sanwra to be ₹ 7,000/-, 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 ₹ 8,300/- (as per minimum wages prescribed at relevant time). 6. Thus, considering the evidence available on record and that the deceased was employed in a private company, 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 ₹ 7,000/- ₹ 8,300 2. Future Prospect (+) 40% i.e. ₹ 2,800/-; ₹ 7,000 + 2,800 = ₹ 9,800/- total yearly income: ₹ 9,800/- x 12 = ₹ 1,17,600/- 40% i.e. ₹ 3,320/-; ₹ 8,300 + 3,320 = ₹ 11,620/- total yearly income: ₹ 11,620/- x 12 = ₹ 1,39,440/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.649/2023) 3. Deduction (-) ½ = ₹ 58,800/- ₹ 1,17,600 – 58,800 = ₹ 58,800/- (-) ½ = ₹ 69,720/- ₹ 1,39,440 – 69,720 = ₹ 69,720/- 4. Multiplier (x) 18 = ₹ 10,58,400/- (x) 18 = ₹ 12,54,960/- 5. Loss of Estate ₹ 15,000/- ₹ 16,500/- 6. Funeral Expenses ₹ 15,000/- ₹ 16,500/- 7. Loss of Consortium ₹ 40,000/- ₹ 40,000/- x 4 = ₹ 1,60,000/- Total ₹ 11,28,400/- (wrongly calculated by the Claims Tribunal as ₹ 11,28,600/-) ₹ 14,47,960/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 11,28,400/- (wrongly calculated by the Claims Tribunal as ₹ 11,28,600/-) awarded by the Claims Tribunal is enhanced to ₹ 14,47,960/-. Hence, after deducting the amount of ₹ 11,28,400/-, the appellants are held entitled for an additional amount of ₹ 3,19,560/-. 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 @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 18-5-2018 till its realisation. Rest of the conditions of the impugned award shall remain intact. As directed by the Claims Tribunal, the principle of pay and recover would apply. 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