1 CGHC010379452023 2026:CGHC:30383 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1882 of 2023 1 - Satish Bhagat S/o Jagjeevan Bhagat Aged About 36 Years Caste- Uraon, Resident Of Mahadevdand, Police Station- Bagicha, District- Jashpur (C.G.) (Claimant) 2 - Shrawan Bhagat S/o Jagjeevan Bhagat Aged About 32 Years Caste- Uraon, Resident Of Mahadevdand, Police Station- Bagicha, District- Jashpur (C.G.) (Claimant) ... Appellants versus 1 - Gajendra Sai Painkra S/o Ramsai Painkra Aged About 45 Years Caste- Kanwar, Resident Of Bamba, Police Station- Bagicha, District- Jashpur (C.G.) 2 - Lalbahadur S/o Jugeshwar Aged About 38 Years Caste- Nagwanshi, Resident Of Marol (Bhandartoli), Police Station- Bagicha, District- Jashpur (C.G.) 3 - Tata AIG General Insurance Company Limited Fourth Floor, Gwalani Chamber Office No. T-8, Vyapar Vihar Main Road, Near I.C.I.C.I. Bank, Bilaspur, District Bilaspur (C.G.) ... Respondent(s) For Appellants : Mr. Sanjeev Kumar Sahu, Advocate For Respondent No.3 : Mr. Sourabh Sharma, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.20 16:45:01 +0530 2 (17.07.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 12.07.2023, passed in MACT Case No.09/2023, whereby learned Claims Tribunal has awarded a total sum of Rs.4,97,536/- as compensation for the death of Jagjeevan Bhagat, who died in a road accident that took place on 10.10.2019. 2. Learned counsel appearing for the appellants/claimants submits that the Tribunal has committed a manifest error in assessing the monthly income of the deceased at Rs.8,320/-, which, according to him, is even lower than the minimum wages payable to an unskilled labourer at the relevant time. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. On the other hand, learned counsel appearing for the respondent No.3 opposes the submission made by the counsel for appellants and submits that in the facts and circumstances of case, the award passed by the Tribunal is just & proper and does not require any enhancement. 4. I have heard learned counsel for the parties, considered their submissions made herein-above and went through the records with utmost circumspection. 5. Though it was claimed that at the time of accident, the deceased was earning an annual income of Rs.2,00,000/- by tailoring and farming, no documentary evidence in this regard has been brought on record. The accident occurred 3 on 10.10.2019 and the minimum wages of even an unskilled labour at that time was Rs.8600. Accordingly, the monthly income of the deceased is reassessed at Rs.8,600/-, resulting in an annual income of Rs.103200/-. 6. At the time of accident, the deceased was aged about 70 years and a non-salaried person. There are total two claimants who are the sons of the deceased. 7. Considering the date of incident, the age of the deceased and the number of dependants, this Court finds that the addition towards future prospects, the deduction towards personal expenses, the multiplier adopted and the compensation awarded by the Tribunal under conventional heads are just and proper. 8. Thus, in light of the aforesaid discussion and 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 & Ors3, the compensation is recomputed as under:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Income 8320x12 =99,840 8600 x 12 =1,03,200 2. Future prospects Nil Nil 3. Deduction (-) 1/3 (i.e. 33,280) =66,560 (-)1/3 (i.e. 34,400) = 68,800 4. Multiplier (x) 5 = 3,32,800 (x) 5 = 3,44,000/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 5. Other conventional heads Rs. 1,10,000/- Rs. 1,10,000/- 6. Medical expenses & Transportation 54,736 54,736 Total Rs. 4,97,536/- Rs. 5,08,736/- 9. In view of the aforesaid analysis, the amount of compensation of Rs.4,97,536/- awarded by the Claims Tribunal is enhanced to 5,08,736/-. Hence, after deducting the amount of Rs.4,97,536 /-, the appellants are held entitled for an additional amount of Rs.11,200/-. The additional amount of compensation shall carry interest @ 6% per annum from the filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 10. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 11. The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the concerned Tribunal. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co- ordination of Secretary, Legal Aid of the concerned area wherein the claimants reside. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai