1 2025:CGHC:48134 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 398 of 2024 1. Smt. Nanbai Dhruve W/o Nakul Dhruve, Aged About 50 Years R/o Malkachhari, Chowki-Chilfy, P.S. And Tahsil - Lormi, District-Mungeli, Chhattisgarh. 2. Nakul Dhruve S/o Rama Dhruve, Aged About 55 Years Resident Of Malkachhari, Chowki-Chilfy, P.S. And Tahsil-Lormi, District Mungeli (Chhattisgarh) ... Appellant(s) versus 1. Ravishankar Verma, S/o Chhedilal Verma, Aged About 26 Years Resident Of Nahna, Post- Jota, P.S. And Tahsil- Pathariya, District- Mungeli, Chhattisgarh. (Driver Of Offending Vehicle Tractor Bearing Registration No. C.G. 28 D 0516) 2. Sanjay Kumar Rajput, S/o Nakchhed Rajput, Aged About 41 Years Resident Of Village-Karhi, P.S. And Tahsil - Sargaon, District- Mungeli, Chhattisgarh. (Owner Of Offending Vehicle Tractor Bearing Registration No. C.G. 28 D 0516) 3. Branch Manager, The New India Insurance Company Ltd. Address Local Office Vardhman Complex, Raipur Road, Parsada, Sirgitti, Tahsil And District-Bilaspur (Chhattisgarh) (Insurer Of Offending Vehicle Tractor Bearing Registration No. C.G. 28 D 0516) ... Respondent(s) For Appellants/Claimants : Mr. Vipin Singh Thakur, Advocate For Respondent No. 3 : Mr. Azad Siddiqui, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 18. 09.2025 1. The appellants have filed this appeal for enhancement of compensation against award passed by the First Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 1473/2022 dated 03.02.2014, whereby the learned Tribunal has passed an award to the tune of Rs. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.09.19 18:03:38 +0530 2 15,67,448/- with interest at the rate of 9% per anum. 2. Mr. Vipin Singh Thakur, counsel appearing for the appellants would submit that on 10.05.2022, the deceased namely Manoj Kumar was dashed by a Tractor bearing registration No. C.G. 28 D 0516 and resultantly he sustained injuries and died. He would further submit that at the time of accident, the age of the deceased was 19 years and he was a labour. He would also submit that the learned Tribunal passed an award to the tune of Rs. 15,67,448/- with interest at the rate of 9%. He would contend that the learned Tribunal assessed the income part of the deceased at lower side, whereas according to the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Raipur, minimum wages payable to unskilled labour at the relevant time was Rs. 10,060/-. He would contend that the learned Tribunal has not granted an additional sum of 10% on amount of loss of consortium according to the law laid down by the Hon’ble Supreme Court in the matter of National Insurance Co. Ltd Vs. Pranay Sethi & others, (2017) 16 SCC 680. He would pray to enhance the compensation. 3. On the other hand, learned counsel appearing for respondent No. 3/Insurance company would oppose. Mr. Azad Siddiqui, Advocate would submit that the deceased was resident of Village Kota, which comes within definition of “C” grade town and the minimum wages payable to unskilled labour in the month of May, 2022 was Rs. 9,545/- and the learned Tribunal has rightly assessed the income of the deceased. He would further 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, the deceased was resident of Village Kota, District Bilaspur, 3 which comes within Class “C” town and the minimum wages payable to unskilled labour in Class “C” town in the month of May, 2022 was Rs. 9,540/-, thus, the learned Tribunal has rightly assessed the income of the deceased according to the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Raipur, and therefore, contention raised by Mr. Thakur cannot be accepted. 6. Perusal of the award would show that the learned Tribunal has not granted an additional sum of 10% on amount of loss of consortium to the claimants. Accordingly, the amount of Rs. 40,000/- x 2 = 80,000/- would carry an additional sum of Rs. 10% i.e. Rs. 8,000/-. 7. The Insurance company shall pay an additional sum of Rs. 8,000/- to the claimants/appellants within a period of 60 days from today. Rest of the conditions of impugned award shall remain intact including interest part. 8. Accordingly, the instant appeal is hereby partly allowed. Sd/- (Rakesh Mohan Pandey) Judge $iddhant