1 CGHC010019412019 2026:CGHC:29611 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 268 of 2019 Bhagat Ram Sagarvanshi S/o Rambharosa Sagarvanshi Aged About 55 Years R/o Subhash Nagar Ward, Dhamtari, District - Dhamtari Chhattisgarh. ---(Claimant), District : Dhamtari, Chhattisgarh ... Appellant(s) versus 1 - Tanka Mudli S/o Late Goura Mudli Aged About 24 Years R/o Village Bad- nerka, Police Station Kakrigumma, District - Koraput Orissa., District : Kora- put, Orissa 2 - Dhanesh Yadav S/o Mahbal Yadav Aged About 40 Years R/o Village Khapra, Bhatthipara, Jagdalpur, Tahsil And District - Jagdalpur Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh 3 - Branch Manager Chola Mandlam Ms General Insurance Company Lim- ited, Branch Raipur Tahsil And District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Respondent(s) For Appellant : Mr. Kunal Das, Advocate For Respondent No. 3 : Ms. Jasleen Kaur, advocate, on behalf of Mr. D.L. Dewangan, Advocate Hon’ble Shri Sanjay K. Agrawal, Judge Order on Board 14.07.2026 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 2 enhancement in the compensation amount, against the impugned award dated 27.06.2018 passed by the Additional Motor Accident Claims Tribunal Dhamtari, District Dhamtari, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 88/2016, whereby the Claims Tri- bunal allowed the claimant’s application and awarded Rs.4,09,516/- along with interest. 2. Learned counsel for the appellant submits that the Claims Tribunal erred in assessing income of the deceased Rs. 4,500/- per month which should be Rs. 5,787/- per month as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Learned Claims Tribunal has erroneously applied the multiplier of 10, whereas the appropriate multiplier, having regard to the age of the claimant, ought to have been 11. Moreover, the Claims Tri- bunal has erred in awarding the less compensation under the heads of pain and suffering, transportation expenses, special diet and attendant less amount has been awarded by the Claims Tribunal which is liable to be enhanced and even under the heads of future earning capacity, loss of amenities & enjoyment compensation has not been awarded by the Claims Tribunal which is liable to be awarded. 3. Learned counsel for the Insurance Company, would oppose the prayer made by learned counsel for the appellant and submit that the amount awarded by the Claims Tribunal is just and proper which does not call for 4. I have heard learned counsel for the parties, considered their rival sub- missions made herein above and gone through the records with utmost circumspection. 5. Learned Claims Tribunal assessed the monthly income of appellant 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- missioner, Chhattisgarh, the monthly income of the appellant should be 5,787/- (as per minimum wages prescribed at relevant time). Accord- ingly, the monthly income of the appellant is liable to be reassessed at 3 Rs. 5,787/-. Considering that the injured claimant was 55 years of age at the time of the accident, this Court finds that the learned Claims Tri- bunal has rightly applied the multiplier of 10 in accordance with the set- tled principles governing assessment of compensation. Furthermore, under the heads of pain and suffering, transportation expenses, special diet and attendant, amount is liable to be enhanced. 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 4500x12=54000/- 5787x12= 69,444/- 2. Future Prospect NIL NIL 3. 50% expenses to- wards personal ex- penses 27,000/- NIL 4. Multiplier 27000 x10=2,70,000/- (x) 10 ; 69,444 x10 = 6,94,440 5. Functional Disabil- ity (loss of Future earning) 90% =2,43,000/- 90% = 6,24,996/- 6. Medical Expenses 1,36,516 1,36,516 Pain and suffering, Special Diet, Atten- dant 30,000 +60000 Total 4,09,516/- 08,21,516/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 4,09,516/- awarded by the Claims Tribunal is enhanced to Rs. 08,21,516/-. Hence, after deducting the amount of Rs. 4,09,516/-, the appellant/claimants is held to be entitled to an additional amount of Rs. 1(2017) 16 SCC 680 2 (2009) 6 SCC 121 3(2018) 18 SCC 130 4 4,12,000/-. The concerned respondent No. 3 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