-1- 2026:CGHC:1570 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 655 of 2021 1 - Parvati Banjare Wd/o Late Rakesh Kumar Banjare, Aged About 24 Years R/o Ward No.15, Pragati Nagar, Nagar Panchayat Bhatgaon, Police Station Bhatgaon, Tahsil Bilaigarh, District Baloda Bazar - Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 2 - Minor Riyansh Banjare S/o Late Rakesh Kumar Banjare, Aged About 5 Years Through Legal Guardian Mother Parvati Banjare, R/o Ward No.15, Pragati Nagar, Nagar Panchayat Bhatgaon, Police Station Bhatgaon, Tahsil Bilaigarh, District Baloda Bazar - Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 3 - Minor Lavanya D/o Late Rakesh Kumar Banjare, Aged About 1 Years Through Legal Guardian Mother Parvati Banjare, R/o Ward No.15, Pragati Nagar, Nagar Panchayat Bhatgaon, Police Station Bhatgaon, Tahsil Bilaigarh, District Baloda Bazar - Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh 4 - Balad Ram Banjare S/o Late Hatau Banjare, Aged About 68 Years R/o Ward No.15, Pragati Nagar, Nagar Panchayat Bhatgaon, Police Station Bhatgaon, Tahsil Bilaigarh, District Baloda Bazar - Bhatapara Chhattisgarh., District : Balodabazar- Bhathapara, Chhattisgarh 5 - Chanda Bai W/o Baladram Banjare, Aged About 66 Years R/o Ward No.15, Pragati Nagar, Nagar Panchayat Bhatgaon, Police Station Bhatgaon, Tahsil Bilaigarh, District Baloda Bazar - Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ... Appellants versus 1 - Santosh Khunte S/o Ramayan Das Khunte, Aged About 37 Years R/o Village Hardi, Police Station Bhatgaon, Tahsil Bilaigarh, District Baloda Bazar - Bhatapara Chhattisgarh (Driver Of Offending Vehicle Car Inova Bearing Registration No. C.G. 12- A B-9999), District : Balodabazar-Bhathapara, Chhattisgarh 2 - Ramakant Dewangan S/o Gore Lal Dewangan, Aged About 40 Years R/o Ward No.02, Nagar Panchayat Bhatgaon, Police Station Bhatgaon, Tahsil Bilaigarh, District Baloda Bazar - Bhatapara Chhattisgarh ((Owner Of Offending Vehicle Car Inova Bearing Registration No. C.G. 12- A B-9999), District : Balodabazar-Bhathapara, Chhattisgarh 3 - Insurance Company, The Oriental Insurance Company Limited, Branch Office - Sai Vihar Colony, Raipur District Raipur Chhattisgarh (Driver Of Offending Vehicle Car Inova Bearing Registration No. C.G. 12- A B-9999), District : Raipur, Chhattisgarh ... Respondents -2- For Appellants/Claimants : Mr. S.P. Sahu, Advocate For respondent No.3/Insurance : Mr. Akash Shrivastava, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 12.01.2026 1) Heard. 2) The appellants/claimants have filed this appeal for enhancement of compensation against an award passed by the learned Third Additional Motor Accidents Claims Tribunal, Baloda Bazar-Bhatapara (C.G.) in Claim Case No.89/2019 dated 31.08.2021 whereby, the learned Tribunal has granted compensation to the tune of Rs.19,97,800/- with interest @ 7% per annum on account of death of Rakesh Kumar. 3) Learned counsel appearing for the appellants/claimants would submit that on 28.04.2019 at around 3:00 p.m., the deceased who was on his motorcycle was dashed by Inova car bearing registration No.C.G.12/AB/9999, resultantly, he sustained injuries and succumbed to death. He would further submit that age of the deceased was 26 years at the time of accident and earning Rs.18,000/- per month. He would contend that the widow, two minor children and parents of the deceased filed a claim case under Section 166 of the C.G. Motor Vehicles Act. He would further contend that the learned Tribunal considered the income of the deceased Rs.9,000/- per month which is at lower side. He would submit that the learned Tribunal has not granted compensation for loss of consortium to minor children and parents of the deceased. He would -3- pray to enhance the compensation accordingly. 4) On the other hand, Mr. Shrivastava, learned counsel appearing for the respondent/Insurance Company would oppose the submissions made by Mr. Sahu. He would submit that the learned Tribunal has granted just and proper compensation. He would further submit that the appeal deserves to be dismissed. 5) I have heard the learned counsel appearing for the parties and perused the record with utmost circumspection. 6) Admittedly, the learned Tribunal treated the deceased a skilled labourer but failed to assess the income according to minimum wages matrix. The minimum wage admissible to a skilled labourer in the month of April, 2019 was Rs.9,830/- and the learned Tribunal should have taken that figure while computing the income of the deceased. Further, learned Tribunal has not granted compensation for loss of consortium to minor children and parents of the deceased. 7) Taking into consideration the above-discussed facts, in my opinion, the compensation requires recomputation and same is being revisited herein below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs.9000x12= Rs.1,08,000/- Rs.9830 x 12 = Rs. 1,17,960/- 2. Future Prospect 40% of 1,08,000 = 43,200 1,08,000+43,200=1,51,200 40% of 1,17,960 = 47,184 1,17,960+47,184=1,65,144 -4- 3. Deduction (-) 1/4 =Rs. 37,800/- 1,51,200 – 37,800 = 1,13,400 (-) 1/4= 41,286 1,65,144–41,286 = 1,23,858 4. Multiplier (x) 17 = Rs. 19,27,800 (x) 17 =Rs. 21,05,586/- 5. Other heads- loss of Consortium (for appellants No.1/wife) Rs.40,000/- Rs.40,000/- 6. Loss of consortium for appellants No.2 to 5 Nil Rs.40,000 x 4 = 1,60,000/- 7. Funeral expenses Rs. 15,000/- Rs. 15,000/- 8. Loss of Estate Rs. 15,000/- Rs. 15,000/- 9. Total Rs. 19,97,800/- Rs. 23,35,586/- 8) Accordingly, the amount of compensation of Rs.19,97,800/- awarded by the Claims Tribunal is enhanced to Rs.23,35,586/-. Hence, after deducting the amount of Rs.19,97,800/-, the appellants are entitled for an additional amount of Rs.3,37,786/-. The additional amount of compensation shall carry interest @ 7% per annum from the date of application till the date of its realization. The rest of the terms and conditions of award shall remain intact. 9) Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Rekha