1 2026:CGHC:21539 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 889 of 2019 1 - Smt. Durga Mishra W/o Late Dinesh Mishra Aged About 31 Years R/o Village Karamsen (Nayapara) Thana Nandghat, Tahsil Nawagarh, District Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh 2 - Surya Mishra S/o Late Dinesh Mishra Aged About 4 Years Minor Through Natural Guardian Mother Appellant No. 1 R/o Village Karamsen (Nayapara) Thana Nandghat, Tahsil Nawagarh, District Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh 3 - Shweta Mishra D/o Late Dinesh Mishra Aged About 12 Years Minor Through Natural Guardian Mother Appellant No. 1 R/o Village Karamsen (Nayapara) Thana Nandghat, Tahsil Nawagarh, District Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh 4 - Sushma Mishra D/o Late Dinesh Mishra Aged About 14 Years Minor Through Natural Guardian Mother Appellant No. 1 R/o Village Karamsen (Nayapara) Thana Nandghat, Tahsil Nawagarh, District Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh 5 - Pyari Bai W/o Kanhaiya Mishra Aged About 70 Years R/o Village Karamsen (Nayapara) Thana Nandghat, Tahsil Nawagarh, District Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh 6 - Kanhaiya Mishra S/o Late Ramnarayan Mishra Aged About 71 Years Minor Through Natural Guardian Mother Appellant No. 1 R/o Village Karamsen (Nayapara) Thana Nandghat, Tahsil Nawagarh, District Bemetara, Chhattisgarh, District : Bemetara, Chhattisgarh --- Appellants Versus 1 - Ramesh Tiwari S/o Late Bhagwandas Tiwari Aged About 40 Years R/o Gandhi Ward, Post Devari, P.S. Devri, District Sagar, Madhya Pradesh, Present R/o Village Sargaon, Police Station Hirri District Mungeli, Chhattisgarh (Driver), District : Mungeli, Chhattisgarh SAIFAN KHAN Digitally signed by SAIFAN KHAN 2 2 - Jaideep Gupta S/o Ramesh Chand Gupta Aged About 32 Years R/o Village Trpongi, Sadar Police Station Dharsiva, District Raipur, Chhattisgarh (Owner), District : Raipur, Chhattisgarh 3 - I C I C I Lombard Ins. Com. Com. Branch Office, Near Commercial Department, Devendra Nagar Road Raipur, District Raipur, Chhattisgarh, District : Raipur, Chhattisgarh --- Respondents WITH MAC No. 890 of 2019 1 - Icici Lumbard General Insurance Company Limited Through Its Legal Manager, Vanijya Bhawan, Ground Floor, Devendra Nagar, Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---Appellant Versus 1 - Smt. Durga Mishra W/o Late Dinesh Kumar Mishra, Aged About 32 Years R/o Village Karamsen (Nayapara), Police Station Nandghat, Tahsil Nawagarh, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 2 - Surya Mishra S/o Late Dinesh Kumar Mishra Aged About 4 Years Minor Through Legal Guardian Mother Namely Smt. Durga Mishra W/o Late Dinesh Kumar Mishra, R/o Village Karamsen (Nayapara), Police Station Nandghat, Tahsil Nawagarh, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 3 - Shweta Mishra D/o Late Dinesh Kumar Mishra Aged About 12 Years Minor Through Legal Guardian Mother Namely Smt. Durga Mishra W/o Late Dinesh Kumar Mishra, R/o Village Karamsen (Nayapara), Police Station Nandghat, Tahsil Nawagarh, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 4 - Sushma Mishra D/o Late Dinesh Kumar Mishra Aged About 14 Years Minor Through Legal Guardian Mother Namely Smt. Durga Mishra W/o Late Dinesh Kumar Mishra, R/o Village Karamsen (Nayapara), Police Station Nandghat, Tahsil Nawagarh, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 5 - Pyari Bai W/o Kanhaiya Mishra Aged About 70 Years R/o Village Karamsen (Nayapara), Police Station Nandghat, Tahsil Nawagarh, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 6 - Kanhaiya Mishra S/o Late Ramnarayan Mishra Aged About 71 Years R/o Village Karamsen (Nayapara), Police Station Nandghat, 3 Tahsil Nawagarh, District Bemetara Chhattisgarh. (Claimants), District : Bemetara, Chhattisgarh 7 - Ramesh Tiwari S/o Late Bhagwandas Tiwari Aged About 40 Years R/o Gandhi Ward, Deori, P.O. And Police Station Deori, District Sagar (M.P.) Present R/o Village Sargaon Police Station Hirri, District Mungeli Chhattisgarh. (Driver), District : Mungeli, Chhattisgarh 8 - Jaideep Gupta S/o Rameshchandra Gupta Aged About 32 Years R/o Village Tarpongi, Police Station Dharsinwa, District Raipur Chhattisgarh. (Owner), District : Raipur, Chhattisgarh --- Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Claimants : Mr. AK Sahu, Advocate For Insurance Company : Ms. Harneet Kaur, Advocate on behalf of Mr. Sourabh Sharma, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 08.05.2026 1. Regard being had to the simlitude of the question of the facts and law involved and being arising out of a common award, on the joint request of learned counsel for the parties, both these appeals are clubbed together, heard together and being disposed of by this common order. 2. MAC-889-2019 has been filed under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) by the Claimants seeking enhancement of amount of compensation, challenging the impugned award dt. 30.11.2018, whereby learned Claims Tribunal has awarded a total sum of Rs.16,90,000/- as compensation for the death of Dinesh Kumar Mishra, who died in a road accident took place on 16.08.2017. Whereas, MAC-890-2019 has also been filed under Section 173 of the Act of 1988 by the Insurance Company, challenging 4 the same awarded dt. 30.11.2018, whereby liability to pay compensation to the claimants has been fastened upon them. 3. Learned counsel for the Claimants would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. Claims Tribunal erred in not calculating any amount under the head of future prospect which ought to have been granted @ 40% of his income. Even, on the head of loss of consortium only Rs.40,000/- has been granted, which ought to have been Rs.40,000/- x 6 = Rs.2,40,000/-. Therefore, to that extent, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 4. On the other hand, learned counsel for the Insurance Company would submit that the amount of compensation awarded by the Claims Tribunal is on the higher side, as the deceased being a skilled labour, his monthly income ought to have been taken as Rs.10,660/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh, which the learned Claims Tribunal as taken Rs.12,000/- per month. Thus, the amount of compensation awarded is liable to be reduced and the appeal filed by the claimants deserves to be dismissed. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 6. In the case at hand, in light of the judgments of the Supreme 5 Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi1, 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 quantum of compensation to be awarded to the claimants, as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs.12,000/- x 12 = Rs.1,44,000/- Rs.10,660/- x 12 = Rs.1,27,920/- 2 Future Prospect NIL (+) 40% (i.e. Rs.51,168/-) = Rs.1,79,088/- 3. Deduction (-) 1/4 (i.e. Rs.36,000) = Rs. 1,08,000/- (-) 1/4 (i.e. Rs.44,772/-) = Rs.1,34,316/- 4. Multiplier (x) 15 = Rs.16,20,000/- (x) 15 = Rs.20,14,740/- 5. Loss of Estate Rs.15,000/- Rs.15,000/- 6. Funeral Expenses Rs.15,000/- Rs.15,000/- 7. Loss of Consortium Rs.40,000/- Rs.2,40,000/- Total Rs.16,90,000/- Rs.22,84,740/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.16,90,000/- awarded by the Claims Tribunal is enhanced to Rs.22,84,740/-. Hence, after deducting the amount of Rs.16,90,000/-, the appellants are held entitled for an additional amount of Rs.5,94,740/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 45 days from the date of receipt of copy of this order. 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. 8. Accordingly, both the appeals are disposed off and the impugned award is modified to the extent as indicated herein-above. sd/- (Sanjay K. Agrawal) Judge s@if