1 CGHC010241332020 2026:CGHC:30910 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1149 of 2020 {Arising out of award dated 6-9-2019 passed by the 2nd Additional Motor Accident Claims Tribunal to the 1st Additional Motor Accident Claims Tribunal, Raipur in Claim Case No.628/2018} 1. Smt. Kamini Verma, wife of Krit Kumar Verma, aged about 36 years, 2. Himanshu Verma, son of Krit Kumar Verma, aged about 14 years, 3. Krit Kumar Verma, son of Ghasiya Ram Verma, aged about 40 years, 4. Ghasiyaram Verma, son of late Ranuram Verma, aged about 68 years, Minor Appellant No.2 through mother Smt. Kamini Verma All are resident of Kali Nagar, Lalpur, P.S. Tikrapara, District Raipur, Chhattisgarh (Claimants) ... Appellants versus 1. Sewakram Verma, son of B.R. Verma, aged about 51 years, resident of Village Khamriya, Post Bhansoj, Tahsil Arang, District Raipur (Chhattisgarh) (Owner and Driver of the offending vehicle Tractor bearing registration No.CG-04/LD-5816 and trolley No.CG-04/LD-5817) 2. The New India Insurance Company Ltd., Through Manager, First Floor, Upper of Karnataka Bank, Fafadih Chowk, Jail Road, Raipur, District Raipur, Chhattisgarh (Owner of the offending vehicle Tractor bearing registration No.CG- 04/LD-5816 and trolley No.CG-04/LD-5817) ... Respondents For Appellants : None present. For Respondent No.1 : Mr. Satyendra Srivas, Advocate on behalf of Mr. Rakesh Thakur, Advocate. For Respondent No.2 : Mrs. Swati Agrawal, Advocate on behalf of Mr. Pankaj Agrawal, Advocate. SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.07.22 15:48:46 +0530 2 Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 21/07/2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 6-9-2019 passed by the 2nd Additional Motor Accident Claims Tribunal to the 1st Additional Motor Accident Claims Tribunal, Raipur in Claim Case No.628/2018, whereby the learned Claims Tribunal has awarded a total sum of ₹ 9,77,200/- as compensation for the death of Kaushal Verma, who was a Driver, aged about 19 years at the time of incident. The appellants herein/ claimants are mother, brother, father and grand-father of deceased Kaushal Verma, respectively. 2. When the matter is called for hearing, none present for the appellants herein/claimants. No representation is made. 3. Mr. Satyendra Srivas and Mrs. Swati Agrawal, learned counsel appearing on behalf of respondents No.1 & 2, respectively, would support the impugned award and oppose the appeal. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. 5. Admittedly, the deceased was a Driver and thus, an unskilled labour and the learned Claims Tribunal ought to have taken his monthly 3 income to be ₹ 8,000/- on the basis of notification issued under the Minimum Wages Act in the year 2021, whereas, it has been taken as ₹ 6,000/-, therefore, the amount of compensation deserves to be enhanced. 6. The learned Claims Tribunal has assessed the monthly income of deceased Kaushal Verma to be ₹ 6,000/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the Office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased should be ₹ 8,000/- (as per minimum wages prescribed at relevant time). 7. Thus, considering the evidence available on record and that the deceased was a Driver, 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 Sethi 1, Sarla Verma & Ors. v. 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:- S. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation 1. Income ₹ 6,000/- per month. Yearly Income = ₹ 6,000 x 12 = ₹ 72,000/-. ₹ 8,000/- per month. Yearly Income = ₹ 8,000 x 12 = ₹ 96,000/-. 2. Future Prospect 40% i.e. ₹ 28,800/-; ₹ 72,000 + 28,800 = ₹ 1,00,800/- 40% i.e. ₹ 38,400/-; ₹ 96,000 + 38,400 = ₹ 1,34,400/- 3. Deduction (-) ½ = ₹ 50,400/- ₹ 1,00,800 – 50,400 = ₹ 50,400/- (-) ½ = ₹ 67,200/- ₹ 1,34,400 – 67,200 = ₹ 67,200/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 4. Multiplier (x) 18 = ₹ 9,07,200/- (x) 18 = ₹ 12,09,600/- 5. Loss of Estate ₹ 15,000/- ₹ 15,000/- 6. Funeral Expenses ₹ 15,000/- ₹ 15,000/- 7. Loss of Consortium ₹ 40,000/- ₹ 40,000/- x 2 = ₹ 80,000/- Total ₹ 9,77,200/- ₹ 13,19,600/- 8. In view of the aforesaid analysis, the amount of compensation of ₹ 9,77,200/- awarded by the Claims Tribunal is enhanced to ₹ 13,19,600/-. Hence, after deducting the amount of ₹ 9,77,200/-, the appellants are held entitled for an additional amount of ₹ 3,42,400/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 7.5% per annum from the date of filing of claim application before the Tribunal i.e. 20-9-2018 till its realisation. Rest of the conditions of the impugned award shall remain intact. 9. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. 10. Intimation along with a copy of this judgment be sent to the appellants, as none has appeared in this case on behalf of the appellants to represent them. Sd/- (Sanjay K. Agrawal) Judge Soma