1 2026:CGHC:21941 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 577 of 2019 1 - Ahlaiya Bai, W/o. Durdeshi Jolhe, Aged About 36 Years, R/o. Village - Hirri, Tehsil - Saarangarh, District Raigarh, Chhattisgarh. 2 - Durdeshi Jolhe, S/o. Dhajaram, Aged About 42 Years, R/o. Village - Hirri, Tehsil - Saarangarh, District Raigarh, Chhattisgarh. ... Appellants versus 1 - Sarju Sahu, S/o. Naanhu Sahu, Aged About 45 Years, R/o. House No. 58, Kenhari Deepa, Tehsil – Bilaigarh, District Balodabazar, Chhattisgarh. ( Driver ) 2 - Harendra Kumar, S/o. Satpaal Gond, Aged About 29 Years, R/o. Deendayal Colony, Raigarh, District Raigarh, Chhattisgarh. (Owner) 3 - Shri Ram General Insurance Raigarh, Chaitnya Nagar, Gharghoda District Raigarh, Chhattisgarh. (Insurance Company) ... Respondents For Appellant : Mr. Suman Kumar Kesary, Advocate For Respondent No. 3 : Ms. Priya Kaiwart, Advocate on behalf of Mr. Sangeet Kumar Kushwaha, Advocate ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.05.11 15:41:08 +0530 2 (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 11.05.2026 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 27.06.2018 passed by learned Third Motor Accident Claims Tribunal of First Additional Motor Accident Claims Tribunal, Raigarh in Claim Case No. 565/2013, by which the claim application of the claimants has been allowed and an amount of compensation to the tune of Rs. 3,94,000/- has been awarded to the claimants for the death of Anita Jolhe, age 15 years, at the time of accident. 2. Appellants, who are mother & father of deceased Anita Jolhe, filed an application under Section 166 of the Act of 1988 before the Motor Accident Claims Tribunal (for brevity “Claims Tribunal”) seeking compensation to the tune of Rs. 14,00,000/- pleading therein that on the date of accident, deceased Anita Jolhe, age 15 years, was bread earner of the family and on account of her untimely death in the accident, the appellants have suffered economical and psychological difficulties. 3 3. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that deceased Anita Jolhe died in the accident arising out of rash & negligent driving of the offending vehicle driven by respondent No.1, owned by respondent No.2 and insured by respondent No.3 herein. Breach of conditions of insurance policy was not found to be proved and after calculating the amount of compensation, the learned Claims Tribunal has awarded Rs. 3,94,000/- along-with interest @ 9% per annum from the date of filing of claim application. 4. Mr. Suman Kumar Kesary, learned counsel appearing for the appellants, would submit that the learned Claims Tribunal has awarded very meager amount, as the Claims Tribunal erred in assessing the income of deceased to be Rs.3,000/- per month, which should be Rs. 4,943/- per month, as per the Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh; therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal be enhanced suitably. 5. Ms. Priya Kaiwart, learned counsel appearing for the respondent No.3/ insurance company, would support the impugned award and submit that the amount of compensation awarded by the learned 4 Claims Tribunal is just & proper, which does not call for any interference. 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 7. Learned Claims Tribunal has assessed the monthly income of deceased Anita Jolhe to be Rs. 3,000/- 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 monthly income of the deceased should be Rs. 4,943/- 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. 3,000/- per month Rs. 4,943/- per month 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 Future prospects Nil Rs. 4,943 + 40% = Rs. 6,921/- Yearly income including future prospects Nil Rs. 6,921 x 12 = Rs. 83,052/- Deduction towards personal expenses 50% Rs. 18,000/- Rs. 41,526/- Multiplier of 18 Rs. 18,000 x 18 = Rs. 3,24,000/- Rs. 41,526 x 18 = Rs. 7,47,468/- Loss of consortium Rs. 40,000/- Rs. 40,000/- x 2 = Rs. 80,000/- Loss of Estate Rs. 15,000/- Rs. 15,000/- Funeral Expenses Rs. 15,000/- Rs. 15,000/- Total Rs. 3,94,000/- Rs. 8,57,468/- 8. In view of the aforesaid analysis, the amount of compensation of Rs. 3,94,000/- awarded by the Claims Tribunal is enhanced to Rs. 8,57,468/-. Hence, after deducting the amount of Rs. 3,94,000/- already awarded by the Claims Tribunal, the appellants are entitled for an additional amount of Rs. 4,63,468/-. The concerned respondent 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. 6 9. 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