1 MAC No. 186 of 2023 2025:CGHC:61093 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 186 of 2023 1.Saraswati Juresiya W/o Late Bhupat Say Juresiya, Aged About 40 Years; 2.Khilendra S/o Late Bhupat Say Juresiya, Aged About 18 Years; 3.Nesh Kumar S/o Late Bhupat Say Juresiya, Aged About 21 Years; 4.Savita, D/o Late Bhupat Say Juresiya, Aged About 20 Years; All are R/o Village Keshritola, Tahsil And Thana Ambagarh Chowki, District Rajnandgaon Chhattisgarh. ... Appellants versus 1.Devanand Choudari S/o Pusauram R/o Village Buddhu Bharda, Post Arjuni, Tahsil Thana Dongargaon, District Rajnandgaon Chhattisgarh (Driver). 2.Jay Bagga, S/o Shri Raj Bharti Bagga, R/o Rajnandgaon Manav Mandir Chowk, Tahsil And District Rajnandgaon Chhattisgarh (Owner). ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.12.16 17:33:20 +0530 2 MAC No. 186 of 2023 3.United India Insurance Company, Through Its Branch Manager, Beside Bank Of Maharastra, Station Road, Durg Chhattisgarh (Insurer). ... Respondents For Appellants :- Ms. Bhavika Kotecha, Advocate. For Respondent No.3 :- Mr. Mr. Prasanjeet Dutta, Advocate on behalf of Mr. Sudhir Agrawal, Advocate.. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 15.12.2025 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 23.11.2022 passed by the 3rd Additional Motor Accident Claims Tribunal, Rajnandgaon, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 153/2021 whereby learned Claims Tribunal has allowed the claimants’ application and awarded a sum of 12,23,500/- ₹ as compensation along with interest for death of Bhoopat Say. 2.Ms. Bhavika Kotecha, learned counsel for the claimants, would submit that learned Claims 3 MAC No. 186 of 2023 Tribunal has erred in awarding less amount of compensation in the facts of the present cases. He would also submit that the Claims Tribunal erred in assessing income of the deceased 7,000/- per month which should be 9,720/- ₹ ₹ per month as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh and also under the head of consortium less amount has been awarded by the Claims Tribunal. Therefore, the appeal filed by the claimants be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3.Mr. Prasanjeet Dutta, learned counsel for the Insurance Company, would submit oppose the prayer made by learned counsel for the claimants and submit that 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 4 MAC No. 186 of 2023 above and gone through the records meticulously. 5.Learned Claims Tribunal assessed the monthly income of deceased 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 ₹9,720/- (as per minimum wages prescribed at relevant time) and ₹96,720/- per annum. Furthermore, the claims Tribunal has awarded less amount under the head of consortium which is also liable to be enhanced. As 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 @ 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 5 MAC No. 186 of 2023 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 ₹7,000 x 12 = ₹ 84,000/- ₹ 9,720 x 12 = ₹1,16,640/- 2. Future prospect (+)25% = 21,000/- ₹ total income = ₹ 1,05,000/- (+) 25% = 29,160/- ₹ total income = ₹ 1,45,800/- 3. Deduction (-) ¼ = 26,250/- ₹ ₹1,05,000–26,250= 78,750/- ₹ (-) ¼ = 36,450/- ₹ ₹1,45,800–36,450= ₹1,09,350/- (total income) 4. Multiplier (x) 14 = ₹11,02,500/- (x) 14 = ₹15,30,900/- 5. Loss of Estate ₹16,500/- 16,500/- ₹ 6. Funeral Expenses ₹16,500/- 16,500/- ₹ 7. Consortium ₹88,000/- ₹44,000 x 4 = 1,76,000 ₹ Total ₹12,23,500/ - ₹17,39,900 /- 7.In view of the aforesaid analysis, the amount of compensation of ₹12,23,500/- awarded by the Claims Tribunal is enhanced to 17,39,900 ₹ /-. Hence, after deducting the amount of ₹12,23,500/-, the appellants are held to be entitled to an additional amount of ₹5,16,400/- . The concerned respondent is directed to deposit the amount of compensation 3 (2018) 18 SCC 130 6 MAC No. 186 of 2023 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 @8% 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. 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