1 CGHC010429392022 2026:CGHC:30382 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 14 of 2023 1 - Dashrath S/o Devcharan Aged About 48 Years R/o Village Kanpa Maro, Post And Chowki Maro, Thana Nandghat, District Bemetara Chhattisgarh 2 - Smt. Madhu W/o Dashrath Dhiri Aged About 45 Years R/o Village Kanpa Maro, Post And Chowki Maro, Thana Nandghat, District Bemetara Chhattisgarh ... Appellants versus 1 - Kishore S/o Radhelal Sinha Aged About 40 Years R/o Hamal Para, Ward No. 25, Rajnandgaon, District Rajnandgaon Chhattisgarh (Driver Of Offending Vehicle Truck No. C. G.-08 A E-1285) 2 - Jashvir Singh S/o Iqbal Singh Bhatiya Aged About 53 Years R/o Near Patal Bhairavi Mandir Rajnandgaon, Thana Kotwali, Rajnandgaon, District Rajnandgaon Chhattisgarh (Owner Of Offending Vehicle) 3 - The Manager, Oriental Insurance Company Ltd., Branch Office-Beside The L I C Office, Near Railway Station Rajnandgaon, District Rajnandgaon Chhattisgarh (Insurance Company) ... Respondent(s) For Appellant(s) : Mr. B. S. Rajput, Advocate For Respondents 1&2 : Mr. Harshwardhan Singh Thakur, Adv., on behalf of Mr. B. P. Singh, Adv. BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.20 16:45:32 +0530 2 Fro Respondent No.3 : Mr. Anmol Gupta, Advocate, on behalf of Mr. Sumit Singh, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (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 26.09.2022, passed in MACT/CIS No.48/2020, whereby learned Claims Tribunal has awarded a total sum of Rs.8,50,000/- as compensation for the death of Jwala Prasad Dhiri, who died in a road accident that took place on 10.02.2020. 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.7,000/-, which, according to him, is even lower than the minimum wages payable to an unskilled labourer at the relevant time. Hence, the income so assessed is requires suitable enhancement. The Claims Tribunal has not granted any amount towards future prospects of the deceased. It is further submitted that the compensation awarded under the conventional heads is also inadequate and deserves to be enhanced in accordance with the principles laid down by the Hon'ble Supreme Court. 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 respondents oppose the submission made by the counsel 3 for appellants and submit 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 working as a driver and welder and was earning Rs. 20,000/- per month, no documentary evidence in this regard has been brought on record. The accident occurred on 10.02.2020 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. The accident occurred on 10.02.2020. The deceased was unmarried, aged about 22 years and a non-salaried person. There are total two claimants who are the parents of the deceased. 7. True it is that the Tribunal has not granted any amount towards future prospects of the deceased Jwala Prasad Dhiri, which ought to be 40% and to that extent the impugned award needs to be modified. 8. Considering the age of the deceased and the number of dependants, this Court finds that the deduction towards personal expenses and the multiplier adopted by the Tribunal are just and proper. However, the compensation awarded by the Tribunal under conventional heads deserves enhancement. Accordingly, both the appellants are held entitled to filial consortium of Rs.44,000 each. The amount awarded under the heads of loss of estate and 4 funeral expenses is also enhanced to Rs.16,500/- each. 9. 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 7,000x12 =84,000 8600 x 12 =1,03,200 2. Future prospects Nil (+) 40% (i.e.41280) = 1,44,480 3. Deduction (-) 1/2 = 42,000 (-) ½ = 72,240 4. Multiplier (x) 18 = 7,56,000 (x) 18 = 13,00,320/- 5 Other conventional heads Rs. 94,000/- Rs. 1,21,000/- [16,500 + 16,500 + 88,000 (44,000 x 2)] Total Rs. 8,50,000/- Rs. 14,21,320/- 10. In view of the aforesaid analysis, the amount of compensation of Rs.8,50,000/- awarded by the Claims Tribunal is enhanced to 14,21,320/-. Hence, after deducting the amount of Rs.8,50,000/-, the appellants are held entitled for an additional amount of Rs.5,71,320/-. 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. 11. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 herein-above. 12. 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