1 2026:CGHC:21354 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1606 of 2019 1 - Gayatri Bai, W/o. Late Mahendra Kumar Patel, Aged About 42 Years, R/o. Village Telasi, Police Station Palari, District Balodabazar Bhatapara, Chhattisgarh. 2 – Sushila, D/o. Late Mahendra Kumar Patel, Aged About 24 Years, R/o. Village Telasi, Police Station Palari, District Balodabazar Bhatapara, Chhattisgarh. 3 – Dileshwari, D/o. Late Mahendra Kumar Patel, Aged About 22 Years, R/o. Village Telasi, Police Station Palari, District Balodabazar Bhatapara, Chhattisgarh. 4 - Ku. Chitrarekha, D/o. Late Mahendra Kumar Patel, Aged About 18 Years, R/o. Village Telasi, Police Station Palari, District Balodabazar Bhatapara, Chhattisgarh. 5 - Ku. Tameshwari, D/o. Late Mahendra Kumar Patel, Aged About 14 Years, Through Legal Guardian Mother Gayatri Bai (Appellant No.1), R/o. Village Telasi, Police Station Palari, District Balodabazar Bhatapara, Chhattisgarh. ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.05.07 15:46:51 +0530 2 6 - Ku. Purnima, D/o. Late Mahendra Kumar Patel, Aged About 10 Years, Through Legal Guardian Mother Gayatri Bai (Appellant No.1), R/o. Village Telasi, Police Station Palari, District Balodabazar Bhatapara, Chhattisgarh. 7 - Ku. Kanika, D/o. Late Mahendra Kumar Patel, Aged About 3 Years, Through Legal Guardian Mother Gayatri Bai (Appellant No.1), R/o. Village Telasi, Police Station Palari, District Balodabazar Bhatapara, Chhattisgarh. ... Appellants versus 1 - Sudhir Kumar (Deleted) (As Per Honble Court Order Dated- 23-04- 2026) 2 - Reliance General Insurance Company Limited Branch Office Shop No. 516, Fifth Floor, National Corporate Park Memorial Complex Road, Raipur, District Raipur, Chhattisgarh, (Insurer Of Vehicle No. Cg- 22, G- 3567)., District : Raipur, Chhattisgarh ... Respondent For Appellant : Ms. Prachi Singh, Advocate on behalf of Mr. Raghavendra Pradhan, Advocate For Respondent : Ms. Harneet Kaur, Advocate on behalf of Mr. Sourabh Sharma, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 3 07.05.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/ claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 01.05.2019 passed by learned Motor Accident Claims Tribunal, Balouda-Bazar in Claim Case No. 11/2018. 2. Ms. Prachi Singh, learned counsel appearing for the appellants/ claimants, would submit that the compensation amount is not just and proper, the same deserves to be enhanced and the plea of contributory negligence is also liable to be set aside. She would further submit that the learned Claims Tribunal has wrongly assessed the income of the deceased to be Rs. 4,000/- per month, which should be Rs. 6,107/- per month, as per the Chhattisgarh Minimum Wages issued by the Labour Commissioner, Chhattisgarh; therefore, the amount of compensation deserves to be enhanced suitably. 3. Ms. Harneet Kaur, learned counsel appearing for the respondent/ insurance company, would support the impugned award and submit that the plea of contributory negligence is based on evidence available on record, therefore, just and proper compensation has been awarded and, as such, the appeal is liable to be dismissed. 4 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. So far as the plea of contributory negligence is concerned, the deceased was admittedly a pillion rider sitting in the vehicle being driven by Jivan Lal Patel and though the insurance company has taken a plea of contributory negligence, but no evidence has been led on behalf of the insurance company to demonstrate the plea of contributory negligence. Furthermore, Rahuldev Baghel (AW-2) has been examined to be the eye-witness to the incident and he has been clearly stated that the offending motorcycle was being driven by Sudhir and he was fully negligent in driving the offending vehicle and no contributory negligence has been alleged by Jivan Lal Patel who was driving the other motorcycle in which the deceased was sitting as a pillion rider. As such, the plea of contributory negligence has not been established, therefore, the claimants are entitled for full compensation. 6. Learned Claims Tribunal has assessed the monthly income of deceased Mahendra Kumar Patel to be Rs. 4,000/- per month, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the income of the deceased should be 5 Rs. 6,107/- per month. 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 Sethi 1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is re-computing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 4,000/- per month Rs. 4,000 x 12 = 48,000/- per annum Rs. 6,107/- per month Rs. 6,107 x 12 = Rs. 73,284/- per annum Add future prospects @ 40% Rs. 48,000 + Rs. 19,200 = Rs. 67,200/- Rs. 73,284 + Rs. 29,314 = Rs. 1,02,598/- Deduction of 1/4 towards personal expenses Rs. 67,200 – 16,800 = Rs.50,400/- Rs. 1,02,598 – 25,650 = Rs. 76,948/- Multiplier of 14 Rs. 50,400 x 14 = Rs. 7,05,600/- Rs. 76,948 x 14 = Rs. 10,77,272/- Loss of consortium to claimants 1 to 7 40,000/- Rs. 40,000 x 7 = 2,80,000/- Loss of Estate Rs. 15,000/- Rs. 15,000/- Funeral Expenses Rs. 15,000/- Rs. 15,000/- Total Rs. 7,75,600/- Rs. 13,87,272/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 7. In view of the aforesaid analysis, the amount of compensation of Rs. 7,75,600/- awarded by the Claims Tribunal is enhanced to Rs. 13,87,272/-. Hence, after deducting the amount of Rs. 7,75,600/- already awarded by the Claims Tribunal, the appellants are entitled for an additional amount of Rs.6,11,672/-. The respondent/ insurance company is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days. The additional amount of compensation shall carry interest @ 9% 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 partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok