1 2026:CGHC:13749 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1575 of 2023 1. Reji Bai Ratre W/o Late Mohanlal Ratre Aged About 55 Years 2. Malik Ram Ratre S/o Late Mohanlal Ratre Aged About 40 Years Both R/o Village Kathiya, Post Ranka, Tahsil Barela, Police Station and District Bemetara (C.G.) (Claimant) ... Appellants/claimants versus 1. Bhola Vishwakarma S/o Kalwa Vishwakarma aged about 25 years R/o Bamhnighant, Police Station Bada Malhar, District Chhatarpur M.P. (Driver of The Offending Vehicle CG-04, JD-7155) 2. Kailash Bisnoi S/o Jay Narayan Bisnoi R/o Atul Friet Carrier, Ring Road No.02 Kabir Nagar, Raipur Tahsil And District Raipur (C.G.) (Owner of The Offending Vehicle CG-04, JD-7155) 3. Branch Manager The New India Insurance Company Limited, Branch Office, First Floor Rama Trade Center, In front of Rajiv Plaza, Police Station Civil Line, Tahsil and District Bilaspur (C.G.) (Insurer of The Offending Vehicle CG-04, JD- 7155) ... Respondents For Appellants : Shri Mohd. Parvez Khan, Advocate For Respondent No.3-Insurer : Shri Deepak Gupta, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board dated 23.03.2026 2 This appeal arises out of the award dated 17.04.2023 passed by Additional Motor Accident Claims Tribunal (for short the "Tribunal") Bilaspur, District Bilaspur, CG in Claim Case No. 143/2021 awarding a compensation of Rs. 03,48,666/- in favour of the appellants/claimants. 2. Facts of the case in brief are that on 02.08.2019 at about 8:30 PM when deceased Mohan Lal Ratre was going to his field, the offending vehicle – Trailer bearing registration No. CG-04-JD-7155 driven by respondent No.1 rashly and negligently came and hit him. In the said accident deceased suffered grievous injuries and succumbed to the same during treatment in the hospital. Criminal case for the offence under Section 304-A IPC was registered against the driver of the offending vehicle and after investigation charge sheet was also filed. 3. With aforesaid facts, a claim petition was filed by the appellants/claimants praying for compensation of Rs. 46,50,000/- on various heads. Pleadings of the claimants have, however, been denied by the respondents. 4. After evaluating the evidence available on record, the Tribunal awarded Rs. 03,48,666/- to the appellant/claimants as compensation as a whole and it is this award which is under challenge in this appeal. 5. Counsel for the appellants submits that the assessment of the income of the deceased is on the lower side and needs enhancement. He submits that though the deceased being an agriculture labourer was earning Rs. 15,000/- per month, the Tribunal has taken it at Rs. 6,000/- and thus committed an illegality in so doing. Same, according to him, is the position with the amount awarded on other heads also, and being so the compensation awarded is required to be enhanced. 3 6. On the other hand, counsel for the respondent No.3 has supported the award impugned and submitted that the compensation awarded is just and proper and the claimants are not entitled for any enhancement in the awarded sum. 7. Heard counsel for the parties and perused the documents on record. 8. From the pleadings of the respective parties and the overall evidence on record it is clear that the accident occurred with the offending vehicle which was insured with respondent No.3 and was being driven by respondent No. 1. From the pleadings it is apparent that the deceased at the relevant time was aged about 65 years and was working as an agriculture labourer. Learned Tribunal took the monthly income of the deceased at Rs. 6,000/- which in the considered opinion of this Court appears to be inappropriate. Since the deceased was an agriculture labourer by occupation, looking the minimum wages prevailing at the relevant time, the monthly income of the deceased is taken at Rs. 8,000/- and annual at Rs. 96,000/-. 9. In the light of the judgments of the Hon’ble Supreme Court rendered in the matters of National Insurance Company Ltd. v. Pranay Sethi, (2017) 16 SCC 680, Sarla Verma and others v. Delhi Transport Corporation and others, (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and others, (2018) 18 SCC 130, this Court recomputes the compensation in the following manner: Sl.No. Particulars Amount (Rs.) 1 Annual Income 96,000 3 Income after deduction towards personal and living xpenses of the deceased (Rs. 96,000/3 = Rs. 32,000; 96,000 – 32,000 = Rs.64,000) 64000 4 Loss of dependency after application of 3,20,000 4 multiplier (Rs. 64,000 x 5 = Rs. 3,20,000) 5 Funeral Expenses 15,000 6 Loss of Estate 15,000 7 Parental consortium to both claimants 80,000 Total Compensation = 4,30,000 (-) Compensation Awarded by the Claims Tribunal = 3,48,666 Enhancement in Compensation = 81,334 10. In view of the aforesaid analysis, the appellants/claimants are held to be entitled to an additional amount of compensation of Rs.81,334. The en- hanced amount of compensation shall carry simple interest @ 6% per annum from the date of filing of the instant appeal till realisation of the enhanced compensation. Respondent No.3/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 a copy of this order. 11. Accordingly, the appeal is allowed in part and the impugned award is modified to the extent shown above. Sd/- (Sachin Singh Rajput) JUDGE Jyotishi AVANISH JYOTISHI Digitally signed by AVANISH JYOTISHI Date: 2026.04.02 15:22:00 +0530