1 CGHC010420322019 2026:CGHC:28436 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2241 of 2019 1 - Usha Bai Yadav W/o Late Manoj Yadav Aged About 30 Years R/o Ward No. 03 Kachhari Para Bemetara, Thana, Tahsil And District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh 2 - Chandan S/o Late Manoj Yadav Aged About 10 Years Minor Through Mother Usha Bai Appellant No. 1, R/o Ward No. 03 Kachhari Para Bemetara, Thana, Tahsil And District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh 3 - Ku. Kajal D/o Late Manoj Yadav Aged About 6 Years Minor Through Mother Usha Bai Appellant No. 1, R/o Ward No. 03 Kachhari Para Bemetara, Thana, Tahsil And District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh 4 - Pardeshi S/o Amarnath Yadav Aged About 55 Years R/o Ward No. 03 Kachhari Para Bemetara, Thana, Tahsil And District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh 5 - Munni Bai W/o Padeshi Yadav Aged About 50 Years R/o Ward No. 03 Kachhari Para Bemetara, Thana, Tahsil And District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh ... Appellant(s) versus 2 1 - Bhawani Singh Rajput S/o Ashok Singh Rajput Aged About 22 Years R/o Ward No. 05 Kachhari Para Bemetara, Thana, Tahsil And District Bemetara, Chhattisgarh. (Driver Mazda No. Cg-25-5848), District : Bemetara, Chhattisgarh 2 - Kaushal Motwani S/o Narayan Das Motwani R/o Krishna Vihar Colony, Bemetara, Thana, Tahsil And District Bemetara, Chhattisgarh. (Owner Mazda No. Cg-25-5848), District : Bemetara, Chhattisgarh 3 - Megma General Insurance Company H.D.I. 3 New Ground Flour, Chirouddin Ward, Near Rajkumar College National Highway Road Raipur, District Raipur, Chhattisgarh. (Wrongly Mention In Order Sheet Bemetara Thana, Tahsil And District Bemetara), (Insurer Mazda No. Cg- 25-5848), District : Raipur, Chhattisgarh ... Respondent(s) For Appellant(s) : Mr. Amit Kumar Sahu, Advocate For Respondent No. 3 : Mr. Rahul Singh Thakur on behalf of Mr. Sourabh Sharma, Advocates SB - Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 09.07.2026 1. The instant appeal has been preferred by the appellants/claimants against the impugned award dated 01/10/2019 passed by the Motor Accident Claims Tribunal, Bemetara in Claim Case No. 38/2019 seeking enhancement of compensation awarded by the Claims Tribunal for the death of Manoj Yadav. 2. Learned counsel for the appellants/claimants would submit that the Claims Tribunal has taken the monthly income of the 3 deceased as Rs. 7,500/- whereas it ought to be Rs. 8,140/- as per the minimum wage notification prevailing on the date of the accident. Further the Tribunal has not granted anything under future prospect whereas it ought to have granted 40% income as future prospect and lastly, the Tribunal has only granted Rs. 40,000/- under loss of consortium whereas it should have granted Rs. 40,000/- x 5 = Rs. 2,00,000/- under loss of consortium, therefore, the amount of compensation may suitably be enhanced. 3. Learned counsel for respondent No. 3/Insurance Company 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. 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 impugned award would show that the Claims Tribunal has taken the monthly income of the deceased as Rs. 7,500/- whereas it ought to be Rs. 8,140/- as per the minimum wage notification. The Tribunal has also not granted anything under future prospect whereas it ought to have granted 40% income as future prospect and lastly, the Tribunal has only granted Rs. 40,000/- under loss of consortium 4 whereas it should have granted Rs. 40,000/- x 5 = Rs. 2,00,000/- under loss of consortium 6. In view of the aforesaid, compensation is calculated below :- Heads of Compensation Compensation awarded by the Tribunal Compensation awarded by this Court Income Rs. 7,500/- Rs. 8,140/- Future Prospect NIL (+) 40 % = Rs. 11,396/- Personal Expenses (-) ¼ = Rs. 5,625/- (-) ¼ = Rs. 8,547/- Multiplier (x) 15 = Rs. 10,12,500/- (x) 15 = Rs. 15,38,460/- Loss of Estate Rs. 15,000/- Rs. 15,000/- Funeral Expenses Rs. 15,000/- Rs. 15,000/- Loss of Consortium Rs. 40,000/- Rs. 40,000/- x 5 = Rs. 2,00,000/- Total Rs. 10,82,500/- Rs. 17,68,460/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 10,82,500/- awarded by the Claims Tribunal is enhanced to Rs. 17,68,460/-. Hence, the appellants are held entitled for an additional compensation of Rs. 6,85,960/-. Respondent No. 3 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 annum from the date of filing of claim application before the Tribunal i.e. 11/02/2019 till its realization. Rest of the conditions of the impugned award shall remain intact. 5 8. Accordingly, this appeal is allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet