1 CGHC010249422023 2026:CGHC:31604 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1500 of 2023 1 - Smt. Durga Thakur W/o. Late Raj Kumar Thakur, Aged About 20 Years R/o. School Para Ward No. 02 Attaragudhi Thana - Pithora, District - Mahasamund, Chhattisgarh. 2 - Shambhu Thakur, S/o. Bhanwar Singh Thakur, Aged About 54 Years R/o. School Para Ward No. 02 Attaragudhi Thana - Pithora, District - Mahasamund, Chhattisgarh. 3 - Smt. Ramila Bai Thakur, W/o. Shambhu Thakur, Aged About 45 Years R/o. School Para Ward No. 02 Attaragudhi Thana - Pithora, District - Mahasamund, Chhattisgarh. ... Appellants/Claimants versus 1 - Manoj Kumar Sethiya S/o. K.C. Sethiya Aged About 52 Years R/o. H.No.- 9/75, Thakkar Baba Ward, Gudhiyari, Raipur, Thana - Gudhiyari, District - Raipur, Chhattisgarh. (Owner) 2 - The New India Insurance Company Limited, Mandal Office -3, Bajrang Market, Rda Building, Ge Road Raipur, District - Raipur, Chhattisgarh. (Vehicle No. C.G. 04 Ea 0630) Insurance Company) ... Respondents For Appellants/Claimants : Ms. Shruti Shrivastava, Adv. For Respondents : None. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (23.07.2026) Digitally signed by HEERA LAL SAHU Date: 2026.07.24 10:09:43 +0530 2 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 28.01.2023, passed in Claim Case No.913/2021, whereby the learned Claims Tribunal has awarded a total sum of Rs.19,01,680/- as compensation for the death of Late Raj Kumar Thakur, who died in a road accident which took place on 23.05.2021. 2. Learned counsel for the appellants would submit that the learned Claims Tribunal has awarded a lesser amount under other conventional heads, which need to be enhanced suitably. 3. No one appeared on behalf of the respondents during the final hearing of the matter. 4. I have heard learned counsel appearing for the appellant and perused the record of the Tribunal, including award impugned. 5. In the present case, the appellants/claimants pleaded before the Claims Tribunal that the deceased, Raj Kumar Thakur, was employed as a helper on a truck bearing registration No. CG-04- MT-1738, earning a monthly income of 12,000/- along with a ₹ daily allowance of 100/-. However, no documentary evidence ₹ was adduced to substantiate this claim. Consequently, evaluating the prevailing wage structure on the date of the accident, the monthly income of the deceased was appropriately assessed at 9,200/- for an unskilled labourer. Given that the ₹ deceased was 26 years of age at the time of the accident, an addition of 40% towards future prospects is warranted. Furthermore, as the deceased was married and left behind three dependents (his wife and parents), a 1/3rd deduction towards personal and living expenses is applicable, alongside a multiplier of 17 based on his age. In view of the facts and circumstances of the case, the compensation assessed by the Tribunal is just and proper, and the same is hereby affirmed. 6. The learned claims Tribunal has awarded an amount of Rs. 3 1,50,000/- on other conventional heads in favour of claimants, but looking to the facts and circumstances of the case, it is not found proper and needs to be enhanced suitably in the interest of justice. 7. Thus, the claimants/appellants are entitled to get compensation of Rs. 16,500/- towards loss of estate and Rs. 16,500/- towards funeral expenses and as per 'Magma General Insurance Co. Ltd. Vs. Nanu, reported in AIR Online 2018 SC 189, all the claimants/appellants (3 claimants) are entitled to get a compensation of Rs.44,000/- each i.e. Rs. 44,000x3 = Rs. 1,32,000/- towards the head of love and affection. 8. Hence, the claimants/appellants are entitled for compensation in the following manner:- S.No. Heads Awarded by the Tribunal Awarded by this Court 01 Income of the deceased Rs. 9,200/- Rs. 9,200/- 02 Annual income of the deceased (9,200x12) Rs. 1,10,400/- Rs. 1,10,400/- 03 After 1/3 deduction towards personal expenses (1,10,400- 36,800) Rs. 73,600/- Rs. 73,600/- 04 After applying multiplier of 17 (73,600x17) Rs. 12,51,200/- Rs. 12,51,200/- 05 After adding 40% future prospect (12,51,200+5,00,48 0) Rs. 17,51,680/- Rs. 17,51,680/- 06 Towards Loss of consortium to all the 3 claimants Rs.40,000x3 = Rs. 1,20,000/- Rs. 44,000x3 = Rs. 1,32,000/- 07 Towards loss of Rs. 15,000/- Rs. 16,500/- 4 estate 08 Towards funeral expenses Rs. 15,000/- Rs. 16,500/- Total (5+6+7+8) Rs. 19,01,680/- Rs. 19,16,680/- 9. Thus, the total compensation is recomputed as Rs. 19,16,680/-. After deducting Rs. 19,01,680/- as awarded by the tribunal, the enhancement would be Rs. 15,000/-. 10. In the result, the appeal is partly allowed. The claimants/appellants shall be entitled to get Rs. 15,000/- in addition to what is already awarded by the claims Tribunal. The enhanced amount shall carry interest @ 6% from the date of filing of the claim petition before the Tribunal till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 11. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. 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 H. L. Sahu