1 2026:CGHC:10957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 732 of 2021 1 - Yuvraj Deshmukh S/o Teejuram Deshmukh Aged About 57 Years R/o Village Piparchhedi, Police Station Arjuni, Tahsil And District Dhamtari (C.G.). 2 - Smt. Suneti Deshmukh W/o Yuvraj Deshmukh Aged About 53 Years R/o Village Piparchhedi, Police Station Arjuni, Tahsil And District Dhamtari (C.G.) ... Appellant(s) versus 1 - Bahadur Singh S/o Gurjeet Singh Aged About 29 Years R/o Village Jevra, Post Mandirpara Farm House, Tahsil And District Bemetara (C.G.) (Driver). 2 - Vasan Singh S/o Joginder Singh, Through- Surjeet Singh S/o Jasvinder Singh, Firm Mahindra Travels, New Bus Stand, Pandari, Raipur, Tahsil And District- Raipur (C.G.)(Owner). 3 - Divisional Manager The New India Insurance Company Limited, Division Office, First Floor Tank Business Tower, Near Fafadih Chowk, Station Road, Raipur, District- Raipur (C.G.) (Insurer) ... Respondent(s) For Appellants : Mr. Praveen Dhurandhar, Advocate For Respondent No.1 : None For Respondent No.2 : Mr. Virendra Verma, Advocate For Respondent No.3 : Mr. B. N. Nande, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Digitally signed by NADIM MOHLE 2 Judgment on Board 03/03/2026 1. The appellants/claimants have filed this appeal challenging the award passed by the learned Motor Accident Claims Tribunal, Dhamtari, in Claim Case No. 57/2020 dated 29.09.2021, whereby the learned Tribunal has granted compensation to the tune of 10,54,300/- with interest at the rate of 9% per ₹ annum on account of the death of Chitanand Deshmukh. 2. Mr. Dhurandhar, learned counsel appearing for the appellants would argue that on 25.11.2019 at around 4:30 hrs, the motorcycle of the deceased was dashed by a bus bearing registration No. CG–04–E-4731. He would further submit that in the said accident, the deceased Chitanand Deshmukh sustained grievous injuries and during the course of treatment he died. 3. He would argue that a claim case under Section 166 of the Motor Vehicles Act was filed by the claimants, wherein it was pleaded that age of the deceased was 27 years and he was earning 10,000/- per month. The Tribunal ₹ assessed the income of the deceased as 6,000/- per month, which is on the ₹ lower side. He would contend that the Tribunal should have applied the minimum wages matrix if there was no sufficient evidence with regard to the income. He would further submit that the Tribunal failed to grant compensation for loss of consortium to the parents; thus, he prays that the compensation may be enhanced, accordingly. 4. On the other hand, learned counsel appearing for the respondents would oppose the submissions and contend that the Tribunal has granted just and proper compensation and therefore the appeal deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the record. 6. The claimants pleaded that the income of the deceased was 10,000/- per ₹ month, but failed to prove the said fact. The Tribunal should have applied the minimum wages matrix in absence of cogent evidence with regard to the income of the deceased. 3 7. The minimum wages admissible to an unskilled labourer in the month of November, 2019 was 8,060/-, and that figure should have been taken into ₹ account while computing the income of the deceased by the Tribunal. Further, the Tribunal also failed to grant compensation for loss of consortium, therefore, the compensation granted by the Tribunal requires reconsideration and the same is revisited as under: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs.6,000 x 12 = Rs. 72,000/- Rs.8,060 x 12 = Rs. 96,720/- 2. Future Prospect (40 %) Rs. 1,00,800/- Rs.1,35,408/- 3. Deduction (1/2) Rs. 50,400/- Rs.67,704/- 4. Multiplier (17) Rs.8,56,800/- Rs.11,50,968/- 5. Loss of Estate Rs.15,000/- Rs.15,000/- 6. Funeral expenses Rs.15,000/- Rs.15,000/- 7. Loss of Consortium (for appellants No.1 & 2) None Rs.80,000/- 8. Medical Bills Rs. 1,67,500/- Rs. 1,67,500/- Total Rs.10,54,300/- Rs. 14,28,468/- Final Compensation Rs.14,28,468 – 10,54,300 = Rs.3,74,168/- In view of the above calculation, the claimants shall be entitled to an additional sum of Rs.3,74,168/-. The insurance company is directed to pay the enhanced compensation Rs.3,74,168/- with interest @ 9% per annum to the appellants/claimants within a period of 60 days. Rest of the terms and conditions of the award shall remain intact. 4 Accordingly, the appeal filed by the claimants is allowed in part to the extent indicated hereinabove. Sd/- Rakesh Mohan Pandey JUDGE Nadim