1 2026:CGHC:27455 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2209 of 2019 1 - Smt. Rekha W/o Late Ravi Kumar Yadav, Aged About 25 Years R/o Village Mahrumkala, Thana And Tahsil Khairagarh, District Rajnandgaon Chhattisgarh................Claimant, District : Rajnandgaon, Chhattisgarh 2 - Chuneshwar, Aged About 8 Months, S/o Late Ravi Kumar Yadav, Minor Through Mother Smt. Rekha, Aged About 25 Years, W/o Late Ravi Kumar Yadav, R/o Village Mahrumkala, Thana And Tahsil Khairagarh, District Rajnandgaon Chhattisgarh................Claimant, District : Rajnandgaon, Chhattisgarh 3 - Smt. Surtiya W/o Pitambar Yadav, Aged About 45 Years R/o Village Mahrumkala, Thana And Tahsil Khairagarh, District Rajnandgaon Chhattisgarh................Claimant, District : Rajnandgaon, Chhattisgarh 4 - Mehtar Ram Yadav, S/o Late Bisahu Yadav, Aged About 60 Years R/o Village Mahrumkala, Thana And Tahsil Khairagarh, District Rajnandgaon Chhattisgarh................Claimant, District : Rajnandgaon, Chhattisgarh ... Appellant(s) versus 1 - Aashif Bhai S/o Nathabhai Sama, R/o Hadphodi, Tahsil Apleta, District Rajkot (Gujrat) Pin 360370............Driver, District : Rajkot, Gujarat 2 - Mama Di Jafar, S/o Ayub Bhai Sama, R/o 43 Moti Fall Chowk, Bh Dargaha, Had- phodi, Tahsil Apleta, District Rajkot Gujrat Pin 360001................Owner, District : Ra- jkot, Gujarat 3 - Branch Manager, Reliance General Insurance Company Ltd., Business Ampaya, 3rd Floor, Dr. Radhakrishna Road, Near Kakyavada Jimkhana, Yanik Road Rajkot Pin No. 360001 Gujrat, Through Local Branch Office National Corporate Park, 5th Floor, In Front Of Dhuppad Petrol Pump G.E. Road, District Raipur..................In- surer, District : Raipur, Chhattisgarh --- Respondent(s) Digitally signed by JYOTI JHA Date: 2026.07.04 11:52:23 +0530 2 For Appellant : Mrs. Bhavika Kotecha, Advocate For Respondent/State : Mr. Rahul Singh Thakur, on behalf of Mr. Sourabh Sharma, Advocate. Hon’ble Shri Sanjay K. Agrawal, Judge Order on Board 03.07.2026 1. This appeal has been filed by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) seeking enhancement in the compensation amount, against the impugned award dated 25.09.2019 passed by the Learned Additional Motor Acci- dent Claims Tribunal, Khairagarh, District Rajnandgaon, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 4/2019, whereby the Claims Tribunal allowed the claimants’ application and awarded Rs. 9,26,800/- along with interest for death of Ravi Kumar. 2. Mrs. Bhavika Kotecha, learned counsel for the appellants, would sub- mit that the Claims Tribunal has erred in awarding the less compensa- tion. He would also submit that the Claims Tribunal erred in assessing income of the deceased Rs. 4,500/- per month which should be Rs. 8,140/- per month as per Chhattisgarh Minimum Wages Notification is- sued by the office of the Labour Commissioner, Chhattisgarh. He would further submit that under the head of consortium amount has not been awarded by the Claims Tribunal which is liable to be awarded. 3. Mr. Rahul Singh Thakur, learned counsel for the Insurance Company/ respondent No.3, would oppose the prayer made by learned counsel for the appellant and submit that compensation awarded by the Claims Tribunal is no higher side which is liable to be reduced. 4. I have heard learned counsel for the parties, considered their rival sub- missions made herein above and gone through the records minutely. 5. Learned Claims Tribunal assessed the monthly income of deceased to be 4,500/- however, in the opinion of this Court, as per the Chhattis- garh Minimum Wages Notification issued by the office of Labour Com- 3 missioner, Chhattisgarh, the monthly income of the deceased should be 8,140/- (as per minimum wages prescribed at relevant time). Ac- cordingly, the monthly income of the deceased is liable to be re- assessed at Rs. 8,140/-. Further, the Claims Tribunal has not awarded any amount under the conventional head of consortium to the appel- lants No. 2 to 4. In view of the law laid down by the Hon'ble Supreme Court, the claimants No. 2 to 4 are also entitled to compensation under the said head. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme 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 compensation as below:- Sr. No Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income 4,500/- 8,140/- 2. Future Prospect (+)40% 1,800/- ; Total Rs. 6,300/- (+)40% 3,256/-; Total 11,396/- 3. Deduction (-)1/3 i.e. 2,100/- = 4,200/- (-)1/3 i.e. 3,798/- = 7,598/- 4. Multiplier (x) 17 (x) 17 6. Annual Income 4,200 x 12= 50,400 x 17= 8,56,800/- 7,598x12 = 91,176 x 17 = 15,49,992/- 7. Loss of Estate 15,000/- 15,000/- 8. Funeral Expenses 15,000/- 15,000/- 9. Loss of Consortium (claimant No. 1.) 40,000/- 40,000/- 10. Loss of Consortium (claimants No. 2 to 4) NIL 40,000x3 =1,20,000/- Total 9,26,800/- 17,39,992/- 1(2017) 16 SCC 680 2 (2009) 6 SCC 121 3(2018) 18 SCC 130 4 7. In view of the aforesaid analysis, the amount of compensation of Rs. 9,26,800/- awarded by the Claims Tribunal is enhanced to Rs. 17,39,992/-. Hence, after deducting the amount of Rs. 9,26,800/-, the appellants/claimants are held to be entitled to an additional amount of Rs. 8,13,192/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three months from the date of receipt of copy of this order. The addi- tional amount of compensation shall carry interest @6% per annum from the date of filing of claim application before the Tribunal till its real- ization. Rest of the conditions of the impugned award shall remain in- tact. 8. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Jyoti