1 2026:CGHC:26116 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2198 of 2025 1 - Khel Kunwar Painkra W/o Late Anar Singh Aged About 30 Years. 2 - Aamir Singh Alia Amir Singh S/o Late Anar Singh Aged About 12 Years (Minor) Through Her Mother Khel Kunwar Painkra W/o Late. Anar Singh. 3 - Manjit Singh S/o Late Anar Singh Aged About 2 Years (Minor) Through Her Mother Khel Kunwar Painkra W/o Late. Anar Singh. 4 - Munni Painkra W/o Kameshwar Painkra Aged About 54 Years. 5 - Kameshwar Painkra Alias Kamesar Painkra S/o Late Bandhan Painkra Aged About 59 Years. 6 - Munna Ram S/o Kameshwar Painkra Aged About 20 Years. All are R/o Village - Taraju, Police Station and Tehsil - Lakhanpur, District - Surguja Chhattisgarh ... Appellants versus 1 - Rahmat Ansari S/o Rustam Ansari Aged About 41 Years R/o Village - Obra, Mohalla - Rodtola, Police Station - Gadhwa, District - Gadhwa Jharkhand 2 - Shakti Traders Through Its Proprietor, Vaibhav Tiwari, Shop No. 28 Shubh Regency Chakarbhata, District - Bilaspur, Chhattisgarh. 3 - The Oriental Insurance Company Limited Through Its Divisional Manager, Divisional Office - Road Shubhagpura, Udaipur, Rajashthan, 2 Pin - 313011 Through - Divisional Manager, The Oriental Insurance Company Limited, Divisional Office - Manendragarh Road, Near Ambedkar Chowk, Ambikapur District - Surguja, Chhattisgarh ... Respondents (Cause-title is taken from CIS) For Appellants/claimants For Respondent No.1 & 2 (Driver & Owner). For Respondent No.3/Insurance Company Mr. Aditya Kumar Mishra, Advocate None. Ms. Swati Agrawal, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (25.06.2026) 1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellants/claimants for enhancement against the award dated 23.08.2025 passed by 06th Motor Accident Claims Tribunal, Ambikapur, District -Surguja, (C.G.), in Claim Case No. 284/2024, whereby compensation of Rs.19,94,760/- with interest @ 9% per annum, in favour of the appellants has been awarded. 2. The gist of the claim before the Tribunal, in brief, was that on 29/08/2024, the deceased (Anar Singh) alongwith his companion Mithlesh Rajwade was proceeding from his residence at Village-Taraju to Village-Mohanpur on motorcycle bearing registration No. CG15DY8753 for some urgent work; said motorcycle was being carefully driven by Mithlesh Rajwade on his correct side of the road at 3 a moderate speed, the deceased, Anar Singh was riding pillion. At about 2:00 p.m., near Mohanpur Mor on NH-130, within the limits of Village -Jajga, a trailer truck bearing registration No.CG10BS6730, driven by respondent No.1-Rahmat Ansari, came at high speed, in a rash and negligent manner, and suddenly pulled over colliding with the said motorcycle. In the alleged accident, deceased Anar Singh sustained severe injuries on his head, face, limbs and other parts of his body and succumbed to his injuries on the spot. On the basis of report, Crime No.210/2024 was registered at Police Station- Lakhanpur, District Surguja, Chhattisgarh. 3. It is claimed that at the time of alleged accident, deceased Anar Singh was aged about 30 years, he was earning Rs.15,000/- per month through masonry and agricultural work. Due to the death of deceased, there is an irreparable loss to the claimants who are family members of the deceased. Therefore, the claimants had preferred an application before the Tribunal claiming total compensation of Rs. 35,51,000/- u/s 166 of MV Act. 4. The learned Tribunal, after considering the evidence and documents available on record, assessed the income of the deceased to be Rs. 7,800/- per month. Added 40% future prospects. Considered the fact that the claimants are the wife, son, brother & parents of the deceased, 1/4th of the income was deducted towards personal expenses. Considered the age of the deceased as 30 years, multiplier of 17 was applied. Further, a total amount of Rs. 3,24,000/- has been 4 awarded under other heads. Accordingly, the total compensation of Rs. 19,94,760/- has been awarded by the Claims Tribunal in favour of the claimants with interest @ 9% per annum against respondents, from the date of application. Hence, the appeal is for enhancement. 5. Learned counsel for the appellants/claimants submits that the compensation awarded by the Claims Tribunal is on the lower side and needs to be enhanced suitably. Learned counsel for appellants urged that the Tribunal has assessed lesser income of the deceased which needs to be enhanced from Rs.7,800/- to Rs.10,380/- per month as per minimum wages notification prevailing at the time of accident. Therefore, the appeal may be allowed and compensation needs to be enhanced suitably. 6. On the other hand, learned counsel for the Insurance Company has argued that the Claims Tribunal after appreciating oral and documentary evidence available on record rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference. 7. Heard counsel for the parties and perused the documents available on record. 8. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a 5 Bonanza. 9. Now this Court shall examine as to whether the compensation awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 10. As regards the income of the deceased, though the claimants have pleaded that the deceased was earning Rs.15,000/- per month from the masonry and agricultural work, but no documentary evidence in support thereof has been produced, but it cannot be said that the deceased was not earning anything from his work. Therefore, in absence of any reliable evidence regarding income of the deceased, keeping in mind the nature of occupation, date of accident 29.08.2024, wage structure prevailing on the date of accident, price index and cost of living etc. specially notification by Labour Department for minimum wages, upon considering the aforementioned factors, I find it appropriate to take income of deceased as Rs.10,380/- per month as minimum wages, at the relevant time of accident. The annual income comes to Rs.1,24,560/-. As per National Insurance Company Ltd. Vs. Pranay Sethi and Others, (2017) 16 SCC 680, future prospects would be 40% as held by the Tribunal. Hence, after adding 40% towards future prospect i.e. Rs. 49,824/-, the yearly income comes to Rs.1,74,384/-. The deceased was married, claimants are their wife, son, parents and brother, (total 6 dependents), so deduction towards personal expenses would be 1/4th as rightly held by the Tribunal i.e. Rs.43,596/-. After deduction of the same, the annual dependency 6 comes to Rs.1,30,788/-. In view of judgment of the Hon’ble Supreme Court in Sarla Verma and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 and National Insurance Company Ltd. Vs. Pranay Sethi and Others, (2017) 16 SCC 680, the multiplier would be 17. Hence, after applying multiplier of 17, the total loss of dependency works out to Rs.22,23,396/-. 11. Rs.3,24,000/- has been awarded to the claimants by the Tribunal towards other conventional which is just and proper, hence, claimants are also entitled to get the said amount, which described in the following manner:- Heads Calculation Towards loss of estate Rs.18000/- Towards funeral expenses Rs.18000/- Towards loss of consortium (spouse, parental, filial) & loss of love and affection to the six claimants @ Rs. 48,000/- each Rs.48000 X 6 =2,88,000/-. Total Rs. 3,24,000/- 12. Thus, the total compensation is recomputed as Rs.25,47,396/- (Rs.22,23,396 + Rs. 3,24,000). 13. After deducting Rs.19,94,760/- as awarded by the Tribunal, the enhancement would be Rs.5,52,636/- (Rs.25,47,396 - 19,94,760). 14. In the result, the appeal is partly allowed. The appellants/claimants shall be entitled to get Rs.5,52,636/- in addition to what has already been awarded by the Claims Tribunal. The enhanced amount shall 7 carry interest @ 6% from the date of enhancement of the award till its realization. The rest of the conditions shall remain intact. 15. The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co- ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge J.