1 2026:CGHC:2430 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 222 of 2024 1. Smt. Sukwariya Bai W/o. Late. Chaituram Baiga, Aged About 41 Years R/o Jalda, Ps Torwa, Bilaspur, Tehsil And District Bilaspur Chhattisgarh Currently Residing At Devrikhurd, P.S. Torwa, Bilaspur Tehsil And District Bilaspur Chhattisgarh. 2. Ishwari Baiga D/o. Late Chaituram Baiga, Aged About 19 Years R/o Jalda, Ps Torwa, Bilaspur, Tehsil And District Bilaspur Chhattisgarh Currently Residing At Devrikhurd, P.S. Torwa, Bilaspur Tehsil And District Bilaspur Chhattisgarh. 3. Ganeshiya Baiga D/o Late, Chaituram Baiga, Aged About 18 Years R/o Jalda, Ps Torwa, Bilaspur, Tehsil And District Bilaspur Chhattisgarh Currently Residing At Devrikhurd, P.S. Torwa, Bilaspur Tehsil And District Bilaspur Chhattisgarh. 4. Durgeshiya Baiga D/o Late, Chaituram Baiga, Aged About 10 Years R/o Jalda, Ps Torwa, Bilaspur, Tehsil And District Bilaspur Chhattisgarh Currently Residing At Devrikhurd, P.S. Torwa, Bilaspur Tehsil And District Bilaspur Chhattisgarh. ... Appellant(s) versus 1. Guljeet Singh Bhandari S/o Top Singh Bhandari, Aged About 28 Years R/o. Village Gunsari, P.S. Takhatpur, District Bilaspur Chhattisgarh. 2. Amit Kumar Bharadwaj, S/o Rajkumar Bharadwaj, Aged About 30 Years R/o. Village Kekati, Post Rajpur, P.S. Takhatpur, District Bilaspur Chhattisgarh. 3. Branch Manager, Bajaj Laaianz General Insurance Bajaj Allianz General Insurance Company Limited, 3rd Floor, Gurukripa Tower, Near Icici Bank, Main Road, Vyapar Vihar, Bilaspur Tehsil And District Bilaspur Chhattisgarh. ... Respondent(s) Digitally signed by AJINKYA PANSARE Date: 2026.01.16 10:35:16 +0530 2 For Appellants : Ms. Poonam Gilurkar, Adv. on behalf of Mr. Amit Buxy, Adv. For Respondent No. 3 : Mr. Shashwat Yechuri, Adv. on behalf of Mr. D.L. Dewangan, Adv. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 15.1.2026 1) This appeal is admitted for hearing. 2) With the consent of parties, matter is heard finally. 3) This appeal has been preferred by the appellants/ claimants under Section 173 of Motor Vehicle Act, 1988 assailing the award passed by learned Tenth Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 1373/2021 dated 30.10.2023 whereby learned Tribunal has passed an award to the tune of Rs. 17,37,999/- with interest @ 9% on account of death of Chaituram Baiga. 4) Facts of the present case are that on 8.1.2021 at about 7:00 pm, Chaituram was going to village Bhimpuri on motorcycle. When he reached Kota-Lormi Main Road, the offending vehicle – Motorcycle bearing registration No. CG-10-AT-3281 coming from opposite direction dashed the motorcycle. In the accident, Chaituram sustained grievous injuries and died during course of treatment. Claimants, who are widow and children of the deceased moved claim application claiming therein compensation 3 to the tune of Rs. 40,40,000/-. They pleaded that the deceased was aged 45 years and was earning Rs. 18,000/- per month working as mason. Learned Tribunal framed issues ; parties led evidence and thereafter award impugned was passed. 5) Learned counsel for the appellants submits that learned Tribunal has assessed the notional income of the deceased to be Rs. 8,960/- per month which is not in consonance with the minimum wage matrix applicable in the State of Chhattisgarh at the relevant time. Although, she fairly submits that learned Tribunal has awarded just and proper compensation under conventional heads and also honored the medical bills. She prays to modify the award accordingly. 6) On the other hand, learned counsel appearing for the Insurance Company would oppose. He submits that learned Tribunal has awarded just and proper compensation and this appeal deserves to be dismissed. 7) Heard learned counsel for the parties and perused the impugned award with utmost circumspection. 8) Admittedly, claimants have not placed any document to demonstrate the monthly income of the deceased. However, learned Tribunal has assessed the monthly income of the deceased to be Rs. 8,960/- whereas according to the minimum wage matrix applicable in the State of Chhattisgarh, minimum 4 wages payable to an unskilled laborer in January, 2021 was Rs. 9,480/- per month and learned Tribunal ought to have considered that figure. Although it is not in dispute that learned Tribunal has awarded just and proper compensation under conventional heads and honored the medical bills. 9) Thus, in light of the aforesaid discussion, this Court is re- computing the compensation as below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Annual Income Rs. 1,07,520/- (@Rs. 8,960 pm) Rs. 1,13,760/- (@Rs. 9,480 pm) 2. Annual income after Deduction towards personal expenses Rs. 80,640/- (@1/4) Rs. 85,320/- (@1/4) 3. Annual Income adding Future Prospect Rs. 1,00,800/- (@25%) Rs. 1,06,650/- (@25%) 4. Annual Income after applying Multiplier Rs. 14,11,200/- (@14) Rs. 14,93,100/- (@14) 5. Loss of Estate Rs. 16,500/- Rs. 16,500/- 6. Funeral expenses Rs. 15,000/- Rs. 15,000/- 7. Loss of Consortium Rs. 1,76,000/- (widow + three children) Rs. 1,76,000/- (widow + three children) 8. Medical Bills Rs. 1,19,299/- Rs. 1,19,299/- TOTAL Rs. 17,37,999/- Rs. 18,19,899/- 5 10) Accordingly, the amount of compensation of Rs. 17,37,999/- awarded by the Claims Tribunal is enhanced to Rs. 18,19,899/-. Hence, the appellants are entitled for an additional amount of Rs. 81,900/-. The Insurance Company is directed to make payment of additional compensation assessed herein-above within period of 60 days. Rest of the terms of the award shall remain intact. 11) Accordingly, the appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a