1 2026:CGHC:19873 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1506 of 2019 1 - Smt. Santkumari W/o Sundersai Aged About 20 Years Caste Korwa, R/o Village Jhagarpur, At Present R/o Pandripani, Post OfÏce Bhitghara, Tahsil Bagicha, District Jashpur ChhatÝsgarh., District : Jashpur, ChhatÝsgarh ... Appellant versus 1 - Firan Ram S/o Indro Kumar Occupation Vehilcle Driver, Caste Mahkul, R/o Village Dugdugiya (Power House) Police Station And Tahsil Kunkuri, District Jashpur, ChhatÝsgarh., District : Jashpur, ChhatÝsgarh 2 - Madhusudan Yadav S/o Ramjeevan Yadav Caste Mahkul R/o Village Kharidand (Jhagarpur), Police Station Bagicha, District Jashpur ChhatÝsgarh., District : Jashpur, ChhatÝsgarh 3 - Ifco Tokyo General Insurance Co.Ltd. Registered OfÏce Ifco Sadan C-1, District Central Saket New Delhi. 110017, Branch OfÏce, Ram Mandir Road, Ambikapur, District Surguja ChhatÝsgarh And Manendragarh Road, Near Tata Show Room, Ambikapur, District Surguja ChhatÝsgarh., HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.04.30 11:02:54 +0530 2 District : Surguja (Ambikapur), ChhatÝsgarh 4 - Jokhan Ram S/o Vitul Ram Aged About 60 Years Caste Korwa, R/o Village Jhagarpur, Post Raikera, Police Station And Tahsil Bagicha District Jashpur ChhatÝsgarh., District : Jashpur, ChhatÝsgarh 5 - Pyaro Bai W/o Jokhan Ram Aged About 56 Years R/o Caste Korwa, R/o Village Jhagarpur, Post Raikera, Police Station And Tahsil Bagicha, District Jashpur ChhatÝsgarh., District : Jashpur, ChhatÝsgarh 6 - Rajendra Ram S/o Jokhan Ram Aged About 19 Years R/o Caste Korwa, R/o Village Jhagarpur, Post Raikera, Police Station And Tahsil Bagicha, District Jashpur ChhatÝsgarh., District : Jashpur, ChhatÝsgarh 7 - Sandhya S/o Jokhan Ram Aged About 15 Years R/o Caste Korwa, R/o Village Jhagarpur, Post Raikera, Police Station And Tahsil Bagicha, District Jashpur ChhatÝsgarh., District : Jashpur, ChhatÝsgarh ... Respondent(s) For Appellant : Mr. Sanjeev Kumar Sahu, Advocate For Respondent No. 3 : Ms. Shrejal Gupta on behalf of Mr. Vaibhav Shukla, Advocates SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 29.04.2026 1. The instant appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellant/claimant against the 3 impugned award dated 29/06/2019 (Annexure A/1) passed by learned Motor Accident Claims Tribunal, Jashpur in Claim Case No. 01/2018 seeking enhancement of compensation awarded by the Claims Tribunal for the death of Sundar Sai. 2. Learned counsel for the appellant/claimant would submit that the Claims Tribunal has assessed the monthly income of the deceased as Rs. 6,000/- whereas it ought to be Rs. 9,230/- as per the minimum wage notification prevailing at the time of the accident. Moreover, Rs. 40,000/- has been granted under loss of consortium whereas Rs. 40,000/- x 4 = Rs. 1,60,000/- ought to have been granted, therefore, the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for respondent No. 3/Insurance Company would support the impugned award and submit that the compensation awarded by the Claims Tribunal is just and proper and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 5. A careful perusal of the award would show that the Claims Tribunal has assessed the monthly income of the deceased as 4 Rs. 6,000/- whereas it ought to be Rs. 9,230/- as per the minimum wage notification prevailing at the time of the accident. Moreover, Rs. 40,000/- has been granted under loss of consortium whereas Rs. 40,000/- x 4 = Rs. 1,60,000/- ought to have been granted. 6. In view of the aforesaid, compensation is calculated below :- Heads of Compensation Compensation awarded by the Tribunal Compensation awarded by this Court Income Rs. 6,000/- x 12 = Rs. 72,000/- Rs. 9,230/- x 12 = Rs. 1,10,760/- Future Prospect (+) 40% i.e. Rs. 28,800/- = Rs. 1,00,800/- (+) 40% i.e. Rs. 44,304/- = Rs. 1,55,064/- Deduction (-) 1/4th i.e. Rs. 25,200/- = Rs. 75,600/- (-) 1/4th i.e. Rs. 38,766/- = Rs. 1,16,298/- Multiplier (x) 18 = Rs. 13,60,800/- (x) 18 = Rs. 20,93,364/- Loss of Estate Rs. 15,000/- Rs. 15,000/- Funeral Expenses Rs. 15,000/- Rs. 15,000/- Loss of Consortium Rs. 40,000/- Rs. 40,000/- x 4 = Rs. 1,60,000/- Total Rs. 14,30,800/- Rs. 22,83,364/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 14,30,800/- awarded by the Claims Tribunal is enhanced to Rs. 22,83,364/-. Hence, the appellant/claimant is held entitled for 5 an additional compensation of Rs. 8,52,564/-. Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months from the date of receipt of 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. 29/06/2016 till its realization. It is made clear that the appellant would solely be entitled for the compensation enhanced by this Court and it is not being granted to other claimants/respondents. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet