Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:22549
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 480 of 2019 1 - Smt. Suruchi Singh Wd/o Late Anirudh Singh Aged About 26 Years R/o Village Sambalpur, Tahsil Mungeli, District- Mungeli, Chhattisgarh.,
District
:
Mungeli,
Chhattisgarh 2 - Balkrishna S/o Late Anirudh Singh Aged About 7 Years Minor Through The Natural Guardian Appellant No.1,smt. Suruchi Singh W/o Late Anirudh Singh, R/o Village Sambalpur, Tahsil Mungeli, District- Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh 3 - Ku. Ankita D/o Late Anirudh Singh Aged About 4 Years Minor Through The Natural Guardian Appellant No.1,smt. Suruchi Singh W/o Late Anirudh Singh, R/o Village Sambalpur, Tahsil Mungeli, District- Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh 4 - Smt. Prabha Singh Thakur D/o Late Daan Singh Aged About 65 Years R/o Village Sambalpur, Tahsil Mungeli, District- Mungeli, Chhattisgarh...........(Claimants)
... Appellants HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.05.14 11:45:33 +0530
2 versus 1 - Uttra Kumar Maravi S/o Late Daras Ram Maravi Aged About 37 Years R/o Village Pachotiya, (Ghundukapa) Tahsil Mungeli, District-
Mungeli,
Chhattisgarh................(Owner/driver) 2 - Ifco Tokiyo General Insurance Company Limited Through Branch Manager Ifco Tokiyo General Insurance Company Limited, 1st Floor, Galaxy Hieight, Near Icici Bank, Yyapar Vihar, Sanjay Apartment, Bilaspur, Disrtict- Bilaspur, Chhattisgarh............... (Insurance Company)
... Respondent(s) For Appellants : Mr. Keshav Dewangan, Advocate For Respondent No. 2 : Mr. P.R. Patankar, Advocate
SB - Hon'ble Shri Justice Sanjay K. Agrawal
Judgment on Board 13.05.2026
1. This appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellants/claimants seeking enhancement of compensation, challenging the impugned award dated 01/11/2018 (Annexure A/1) passed by learned Motor Accident Claims Tribunal, Mungeli in
3 Claim Case No. 02/18 whereby compensation of Rs. 11,73,200/- has been awarded in favour of the appellants/claimants for the death of Aniruddh Singh. 2. Learned counsel for the appellants/claimants would submit that the compensation awarded by the Claims Tribunal is grossly inadequate and deserves to be enhanced as the Tribunal has assessed the monthly income of the deceased as Rs. 6,000/- whereas it ought to be Rs. 8,580/- as per minimum wage notification prevailing at the time of the accident and the Tribunal has further erred in only granting Rs. 40,000/- under loss of consortium whereas it ought to have granted Rs. 40,000/- x 4 = Rs. 1,60,000/- for loss of consortium, therefore, impugned award is liable to be modified and the amount of compensation may suitably be enhanced. 3. Learned counsel for respondent No. 2 would support the impugned award and submit that the compensation awarded by the Claims Tribunal is just and proper and does not warrant any interference by this Court. 4
4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 5. A careful perusal of the record would show that the Claims Tribunal has taken monthly income of deceased as Rs. 6,000/- which amounts to Rs. 72,000/- annually and made a deduction of 1/3rd towards personal expenses which comes to Rs. 48,000/- then applied multiplier of 16, which totals to Rs. 7,68,000/-. The Tribunal has further granted Rs. 15,000/- for loss of estate, Rs. 15,000/- for funeral expenses and Rs. 40,000/- for loss of consortium, which comes around to Rs. 8,38,000/- and added 40% of the said amount towards future prospect and thereby, granted a total compensation of Rs. 11,73,000/- in favour of the appellants/claimants. 6. However, the Tribunal ought to have taken the monthly income of the deceased as Rs. 8,580/- instead of Rs. 6,000/- as per the minimum wage notification and further ought to have granted Rs. 1,60,000/- for loss of
5 consortium.
Thus, in view of the aforesaid analysis, this Court is calculating the compensation as stated below :- Heads of Compensation Compensation awarded by this Court Income Rs. 8,580/- x 12 = Rs. 1,02,960/- Deduction (-) 1/3 i.e. Rs. 34,320/- = Rs. 68,640/- Multiplier (x) 16 = Rs. 10,98,240/- Future Prospect (+) 40% i.e. Rs. 4,29,296/- = Rs. 15,27,536/- Loss of Estate Rs. 15,000/- Funeral Expenses Rs. 15,000/- Loss of consortium Rs. 40,000/- x 4 = Rs. 1,60,000/- Total Rs. 17,17,536/-
7. In view of the aforesaid analysis, the amount of compensation of Rs. 11,73,000/- awarded by the Claims Tribunal is enhanced to Rs. 17,17,536/-. Hence, the claimants are held entitled for an additional compensation of Rs. 5,44,336/-. Respondent No. 2/Insurance Company is
directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per
6 annum from the date of filing of claim application before the Tribunal i.e. 15.01.2018 till its realization. Rest of the conditions of the impugned award shall remain intact.
8. Accordingly, the impugned award is modified and the instant appeal is allowed to the extent indicated herein- above.
Sd/-
(Sanjay K. Agrawal)
Judge Harneet