1 2026:CGHC:10867 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 25 of 2021 1. Sukhmat Bai W/o Late Laxman Kumar Tekam Aged About 20 Years R/o Ramayan Chowk Chantidih, Thana Sarkanda, Tahsil And District Bilaspur, Chhattisgarh (Claimant). 2. Urmila Bai W/o Late Itwari Tekam Aged About 50 Years R/o Ramayan Chowk Chantidih, Thana Sarkanda, Tahsil And District Bilaspur Chhattisgarh. (Claimant). ... Appellants versus 1. Pushkar Pathak S/o Tikaram Pathak Aged About 40 Years R/o Mahamaya Chowk Pandariya, Thana Pandariya, Tahsil And District Kabirdham Chhattisgarh (Driver Of The Offending Vehicle Bus No. C.G. 10/g./3330). (Driver). 2. Smt. Manjulata Tiwari W/o Mohan Tiwari R/o Kapil Nagar, Muktidham Chowk Sarkanda, Thana Sarkanda, Tahsil And District Bilaspur Chhattisgarh. Other Address Gopibandhpara, Tahsil Pandariya Thana Pandariya, District Kabirdham Chhattisgarh (Owner Of The Offending Vehicle Bus No. C.G. 10/ G./3330). 3. The New India Insurance Company Limited, Through Branch Manager, Branch Office 2nd Floor Rama Trade Center, In Front Of Rajeev Plazza Old Bus Stand Bilaspur Tahsil And District Bilaspur, Chhattisgarh (Insurer Of The Offending Vehicle Bus No. C.G. 10/g./3330). ... Respondents (Cause title taken from Case Information System) For Appellants : Ms. Shalini Jangde, holding the brief of Mr. Arjun Lal Singroul, Advocate. For Respondent No.3. : Mr. B. N. Nande, Advocate. Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 02/03/2026 1. Heard. 2. The claimants have preferred this appeal for enhancement of compensation amount, assailing the judgment and award dated 12.03.2020 passed by the learned Second Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur (C.G.) (for short ‘Claims Tribunal) in Claim Case No.795/2018, DEEPTI JHA Digitally signed by DEEPTI JHA 2 whereby the learned Claims Tribunal has awarded compensation to the tune of Rs.12,79,600/-, with an interest @ 6% per annum on account of death of Laxman Kumar Tekam. 3. Facts of the case in brief are that on 26.07.2018, the deceased/Laxman Kumar Tekam and his wife were going to the Village Mathpur in a bus. The deceased died from electrocution after touching high tension wires while removing a bicycle from the bus roof. The claimants, who are widow and mother of the deceased filed a claim case under Section 166 of the Motor Vehicles Act, 1988 (for short ‘M.V. Act’), wherein they pleaded that the age of the deceased was 21 years and earning Rs.9,000/- per month. The insurance company filed the reply and denied the averments made in the claim case. It was pleaded that driver of the offending vehicle did not have valid driving license. The learned Claims Tribunal framed issues, parties led their evidence and thereafter award was passed. 4. Ms. Shalini, counsel appearing for the appellants/claimants would submit that on account of negligence on the part of driver of the offending vehicle, the deceased came into contact with 11KV high Tension Wire and died. She would submit that the learned Claims Tribunal assessed the income of the deceased Rs.6,000/- per month, which is at lower side. It is argued that in absence of evidence with regard to income of deceased, the learned Claims Tribunal should have applied the Minimum Wages matrix applicable in the State of Chhattisgarh at the relevant point of time. She would further submit that the learned Claims Tribunal has committed an error, while granting compensation of Rs.20,000/-, each under the head of loss of consortium. She would pray to enhance the compensation. 5. On the other hand, Mr. Nande, learned counsel appearing for the respondent No.3/insurance company would submit that the learned Claims Tribunal has awarded just and proper compensation to the claimants, therefore, the appeal deserves to be dismissed. 3 6. The learned Claims Tribunal has recorded categorical finding that the driver of the offending vehicle was negligent and the deceased suffered injuries and subsequently died on account of negligence on the part of the driver. Findings recorded by the learned Claims Tribunal appears to be just and proper. 7. The learned Claims Tribunal has assessed the income of the deceased Rs.6,000/- per month. The deceased met with an accident in the month of July, 2018 and the Minimum Wage admissible to a unskilled labourer in the month of July, 2018 was Rs.8,800/- and learned Claims Tribunal should have taken that figure while computing the income of the deceased. 8. Further, learned Claims Tribunal has awarded Rs.40,000/- only under the head of loss of consortium, whereas wife and mother of the deceased are entitled to receive compensation under the head of loss of consortium. Thus, compensation requires re-consideration and same is being revisited herein below:- S.No. Head Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs.6,000 x 12 = Rs.72,000/- Rs.8,800 x 12 = Rs.1,05,600/- 2. Future Prospect (40%) = Rs.28,800/- (40%) Rs.42,240/- 3. Deduction (-) 1/3 = Rs.33,600/- (Rs.67,200/-) (-) (1/3) = Rs.49,280/- (Rs.98,560/-) 4. Multiplier (x) 18= Rs.12,09,600/- (x) 18 = Rs.17,74,080/- 5. Loss of Estate Rs.15,000/- Rs.15,000/- 6. Funeral Expenses Rs.15,000/- Rs.15,000/- 7. Loss of consortium to claimant No.1 Rs.40,000/- Rs.40,000/- 8. Loss of consortium to claimant No.2 NIL Rs.48,000/- Total Rs.12,79,600/- Rs.18,92,080/- 4 9. In view of the aforesaid analysis, the amount of compensation of Rs.12,79,600/- awarded by the Claims Tribunal is enhanced to Rs.18,92,080/- Hence, after deducting the amount of Rs.12,79,600/-, the appellants/claimants are entitled for an additional amount of Rs.6,12,480/-. The Insurance Company is 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. The additional amount of compensation shall carry interest @ 6% per anuum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of impugned award shall remain intact. 10. Accordingly, MAC No. 25/2021 is partly allowed and the impugned award modified to the extent, as indicated herein-above. 11. Interlocutory application(s), pending if any, also stand disposed of. Sd/- (Rakesh Mohan Pandey) Judge Deepti Jha