1 CGHC010064012025 2026:CGHC:31263 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 403 of 2025 1 - Sanjeev Kumar Patel S/o Shankar Prasad Patel, Aged About 53 Years, (Father Of Deceased), R/o Village - Goverdhanpur, Chowki Rewati, Tahsil - Pratappur, District Surajpur Chhattisgarh. 2 - Sunaina Patel W/o Sanjeev Patel, Aged About 43 Years, (Mother Of Deceased), R/o Village - Goverdhanpur, Chowki Rewati, Tahsil - Pratappur, District Surajpur Chhattisgarh. 3 - Priyanshu Patel D/o Sajeev Patel, Aged About 21 Years, (Sister Of Deceased), R/o Village - Goverdhanpur, Chowki Rewati, Tahsil - Pratappur, District Surajpur Chhattisgarh. ... Appellants versus 1 - Hanshila Singh S/o Shri Pushotam, Aged About 40 Years, R/o Village - Lakshmipur, P.S. Bhatgaon, District Surajpur Chhattisgarh (Driver Of The Vehicle). 2 - Bindeswar Yadav S/o Ramcharitra Yadav, Aged About 50 Years, R/o Kaskela, P.S. - Bhatgaon, District - Surajpur Chhattisgarh (Owner Of The Vehicle). 3 - Branch Manager The New India Insurance Company Limited, Branch Office - Ambikapur, District Surguja Chhattisgarh (Insurance Company). ... Respondent SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.07.23 11:14:46 +0530 2 For Appellants : Mr. Krishnakant Prajapati, Advocate For Respondents No.1 & 2 : None For Respondents No.3 : Mr. Hanuman Prasad Agrawal, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (22.07.2026) 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 14.11.2024, passed in Claim Case No.52/2023, whereby the learned Claims Tribunal has awarded a total sum of Rs.15,18,000/- as compensation for the death of Prajjwal Patel (unmarried), who died in a road accident which took place on 18.06.2023. 2. Learned counsel for the appellant would submit that the learned Claims Tribunal has erred in awarding lesser amount of compensation in the facts and circumstances of the case. The Claims Tribunal has assessed the income of the deceased on the lower side and has also awarded lesser amount under other conventional heads, which needs to be enhanced. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for respondent No.3/insurance company would submit that the Claims Tribunal after appreciating oral and documentary evidence available on record rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference. 4. I have heard learned counsel for the parties, considered their 3 rival submissions made herein-above and went through the records with utmost circumspection. 5. In the case at hand, it is true that the learned Tribunal has assessed the monthly income of the deceased at Rs. 10,000/-, which is found to be just and proper. However, under the conventional heads, the learned Tribunal has awarded only Rs. 90,000/-, whereas the claimants are entitled to Rs. 1,80,000/-. To that extent, the impugned award warrants modification by enhancing the compensation under the conventional heads. 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 & Ors3, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Income Rs. 10,000 x 12 = 1,20,000/- Rs. 10,000 x 12 = 1,20,000/- 2. Future prospect (+)40% (i.e. Rs. 48,000) = 1,68,000/- (+)40% (i.e. Rs. 48,000) = 1,68,000/- 3. Deduction (-) 1/2 (i.e. 84,000) = 84,000/- (-) 1/2 (i.e. 84,000) = 84,000/- 4. Multiplier (x) 17 = 14,28,000/- ((x) 17 = 14,28,000/- 5 Other conventiona l heads Rs. 90,000/- Rs. 1,80,000/- (18000+18000+1440 00) Total Rs. 15,18,000/- Rs. 16,08,000/- 7. In view of the aforesaid analysis, the amount of compensation of 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 Rs.15,18,000/- awarded by the Claims Tribunal is enhanced to Rs.16,08,000/-. Hence, after deducting the amount of Rs.15,18,000/-, the appellants are held entitled for an additional amount of Rs.90,000/-. The additional amount of compensation shall carry interest @ 6% per annum from filing of the claim application before the Claims Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 9. 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 resides. Sd/- (Sanjay Kumar Jaiswal) Judge $ourabh