1 2025:CGHC:48135 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 291 of 2024 1. Smt. Kamli Devi W/o Late Shri Umesh Singh Aged About 28 Years R/o Village - Jabar, Post- Maharajganj, Thana And Tahsil- Balrampur, District- Balrampur-Ramanujganj, Chhattisgarh. 2. Kumari Lalita Singh D/o Late Shri Umesh Singh Aged About 5 Years Minor Through Natural Guardian Mother / Applicant No. 1 Smt. Kamli Devi W/o Late Shri Umesh Singh, R/o Village - Jabar, Post- Maharajganj, Thana And Tahsil- Balrampur, District- Balrampur-Ramanujganj, Chhattisgarh. 3. Kumari Anika Singh D/o Late Shri Umesh Singh, Aged About 6 Months, Minor Through Natural Guardian Mother / Applicant No. 1 Smt. Kamli Devi W/o Late Shri Umesh Singh, R/o Village - Jabar, Post- Maharajganj, Thana And Tahsil- Balrampur, District- Balrampur-Ramanujganj, Chhattisgarh. ... Appellant(s) versus 1. Atik Ansari @ Chhotu S/o Shri Nejam Ansari Aged About 35 Years Occupation- Driver, R/o Village- Vijaynagar, Thana And Tahsil- Ramanujganj, District- Balrampur-Ramanujganj, Chhattisgarh.(Driver Of Vehicle No. Cg-04-D.T.-4538) 2. Lalan Prasad Yadav S/o Shri Badri Yadav Aged About 44 Years Occupation- Vehicle Owner And Agriculture, R/o Village- Mahavirganj, Police Outpost- Vijaynagar, Thana And Tahsil- Ramanujganj, District- Balrampur-Ramanujganj, Chhattisgarh.(Registered Owner Of Vehicle No. Cg-04-D.T.-4538) 3. Kunjan Gupta S/o Late Shri Rajaram Gupta Aged About 32 Years Occupation- Business And Vehicle Owner, R/o Village- Bhanaura, Thana And Tahsil- Balrampur, District- Balrampur-Ramanujganj, Chhattisgarh. (Actual Owner Of Vehicle No. Cg-04-D.T.-4538) 4. Branch Manager Shriram General Insurance Company Ltd, Branch Office Plot No. 1 Forth Floor, Maruti Heights, Beside R. K. Mall, G.E. Road, Raipur, District - Raipur, Chhattisgarh, Pin- 492009 (Insurer Of Vehicle No. Cg-04-D.T.-4538) ... Respondent(s) For Appellants/Claimants : Mr. Rajendra Patel, Advocate For Respondent No. 4 : Ms. Santoshi Yadav, Advocate holding the brief of Mr. Utsav Mahiswar, Advocate SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.09.19 18:13:28 +0530 2 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 18. 09.2025 1. The appellants/claimants have filed this appeal for enhancement of compensation against award passed by the learned First Additional Motor Accident Claims Tribunal, District Balrampur-Ramanujganj in Claim Case No. 25/2020 dated 10.11.2023, whereby the learned Tribunal has passed an award to the tune of Rs. 14,67,760/- with interest at the rate of 7.5% on account of death of Umesh Singh. 2. Mr. Rajendra Patel, counsel appearing for the appellants would submit that on 30.06.2020, JCB vehicle bearing registration No. C.G. 04 DT 4538 accidentally applied break and, consequently, the motor cycle driven by the deceased hit JCB from rear side, resultantly, Umesh Singh sustained grievous injuries and died during course of treatment. He would further submit that the deceased was working as Manson and at the time of death, his age was 32 years. He would also submit that the claimants are wife and minor children of the deceased. He would contend that the learned Tribunal has assessed monthly income of the deceased Rs. 7,800/- contrary to the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Raipur, prevailing in the year 2020. He would further contend that the minimum wages payable to unskilled labour in the month of June, 2020 was Rs. 8860/- and the learned Claims Tribunal ought to have assessed the income of the deceased accordingly. He would also submit that the learned Tribunal has not awarded compensation for loss of consortium to minor children. He would pray to enhance the compensation accordingly. 3. On the other hand, learned counsel appearing for respondent No. 4 would 3 oppose. Ms. Santoshi Yadav, Advocate would submit that the learned Tribunal has passed just and proper award and the instant appeal deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the records. 5. Admittedly age of the deceased was 32 years at the time of accident. The claimants could not prove the fact that the deceased was working as Manson. According to the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, the minimum wages payable to unskilled Labour in the month of June, 2020 was Rs. 8860/-, whereas, the learned Tribunal has assessed monthly income of the deceased Rs. 7,800/-, which is at lower side. Further, the learned Tribunal has not awarded compensation for loss of consortium to the minor children. 6. Considering the facts and circumstance of the case, material available on record and in the light of judgment passed by the Hon’ble Supreme Court in the matter of National Insurance Co. Ltd Vs. Pranay Sethi & others, (2017) 16 SCC 680; Sarla Verma & Ors Vs Delhi Transport Corp. & Anr, (2009) 6 SCC 121 and Magma General Insurance Company Limited Vs. Nanu Ram alias Chuhru Ram & Others, (2018) 18 SCC 130, this Court is recomputing the compensation as below:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 7,800 x12 = Rs. 93,600/- Rs. 8,860 x12 = Rs. 1,06,320/- 2. Future Prospect (40%) = Rs. 37,440/- (40%) = Rs. 42,528/- 3. Deduction (-) 1/3 Rs. 43,680/- Rs. 87,360/- (-) 1/3 Rs. 49,616/- Rs. 99,232/- 4 4. Multiplier (x) 16 = Rs. 13,97,760/- (x) 16 = Rs. 15,87,712/- 5. Loss of Estate Rs. 15,000/- Rs. 16,500/- 6. Funeral expenses Rs. 15,000/- Rs. 16,500/- 7. Loss of Spousal Consortium (for appellant No. 1) Rs. 40,000,/- Rs. 44,000/- 8. Loss of Parental consortium(for appellant No. 2) NIL Rs. 44,000/- 9. Loss of Parental consortium(for appellant No. 3) NIL Rs. 44,000/- TOTAL Rs. 14,67,760/- Rs. 17,52,712/- 7. For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs. 14,67,760/- awarded by the tribunal is enhanced to Rs. 17,52,712/-. Hence, after deducting the amount of Rs. 14,67,760/-, the appellants/claimants are held entitled for an additional amount of Rs. 2,84,952/-. The respondents are directed to deposit the amount of compensation as enhanced by this Court within a period of 60 days from the date of receipt of copy of this order. Rest of the conditions of impugned award shall remain intact. 8.Accordingly, the instant appeal is hereby partly allowed. Sd/- (Rakesh Mohan Pandey) Judge $iddhant