1 2026:CGHC:21905 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 439 of 2020 1 - Smt. Annu Khakha W/o Late Kalephas Khakha Aged About 35 Years R/o Village Galounda Tahsil And District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh 2 - Minor Ashish Khakha S/o Late Kalephas Aged About 14 Years R/o Village Galounda Tahsil And District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh 3 - Minor Kashish Khakha D/o Late Kalephas Khakha Aged About 12 Years R/o Village Galounda Tahsil And District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh 4 - Smt. Suman Khes W/o Basant Khes Aged About 32 Years R/o Village Galounda Tahsil And District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh ... Appellants Versus 1 - Rajendra Gop S/o Shri Nunu Chand Gop R/o Vikas Nagar Singh Mod, Road, No. 09n Hatiya P.S.- Jagarnathpur, Ranchi Jharkhand, District : Ranchi, Jharkhand 2 - Bajaj Alliyanz General Insurance Company Limited Local Branch Shivmohan Place, Vidhansabha Margdarshan, Pandri, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. Rishikant Mahobia, Advocate For Respondent No.2 : Mr. Ghanshyam Patel, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 11.05.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellants seeking SAIFAN KHAN Digitally signed by SAIFAN KHAN 2 enhancement of amount of compensation, challenging the impugned award dt. 30.11.2019, whereby learned Claims Tribunal has awarded a total sum of Rs.8,76,400/- as compensation for the death of Kalephas Khakha, who was aged about 35 years on the date of occurrence and used to work as Meson. 2. Learned counsel for the appellants would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. Claims Tribunal erred in assessing income of deceased as Rs.4500/- per month which should be Rs.7800/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Further, learned Claims Tribunal also erred in awarding less amount on the head of loss of consortium, loss of estate and funeral expenses. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondents would submit that the appellants have failed to prove nature of occupation and income of the deceased by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 3 5. Learned Claims Tribunal assessed the monthly income of deceased to be Rs.4500/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased should be Rs.7800/- PM (as per minimum wages prescribed at relevant time). Further, on the heads of funeral expenses and loss of estate Rs.15,000/- each has been awarded, whereas it ought to have been Rs.16500/- each and on the heads of loss of consortium to each of the appellants Rs.40,000/- each have been awarded, but it ought to have been awarded Rs.44,000/- x 3 = Rs.1,32,000/- total. 6. 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 computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs.4500/- x 12 = Rs.54,000/- Rs.7800/- x 12 = Rs.93,600/- 2. Future Prospect (+) 40% (i.e. Rs.21,600) = Rs.75,600/- (+) 40% (i.e. Rs.37,440/-) = Rs.1,31,040/- 3. Deduction (-) 1/3 (i.e. Rs.25,200/-) = (-) 1/3 (i.e. Rs.43,680/-) = 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 Rs.50,400/- Rs.87,360/- 4. Multiplier (x) 16 = Rs.8,06,400/- (x) 16 = Rs.13,97,760/- 5. Loss of Estate Rs.15,000/- Rs. 16,500/- 6. Funeral Expenses Rs.15,000/- Rs. 16,500/- 7. Loss of Consortium Rs. 40,000/- Rs.44,000/- x 3 = Rs.1,32,000/- Total Rs.8,76,400/- Rs.15,62,760/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.8,76,400/- awarded by the Claims Tribunal is enhanced to Rs.15,62,760/-. Hence, after deducting the amount of Rs.8,76,400/-, the appellants are held entitled for an additional amount of Rs.6,86,360/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days 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 till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. sd/- (Sanjay K. Agrawal) Judge s@if