1 CGHC010170302026 2026:CGHC:31165 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1170 of 2026 1 - Smt. Muli Bai Morya W/o. Late Jairam Morya Aged About 50 Years R/o. Village Takraguda Thhothhapara, Dist.- Bastar (C.G.). 2 - Durjan Morya S/o. Late Jairam Morya Aged About 33 Years R/o. Village Takraguda Thhothhapara, Dist.- Bastar (C.G.). 3 - Tavir Morya S/o. Late Jairam Morya Aged About 30 Years R/o. Village Takraguda Thhothhapara, Dist.- Bastar (C.G.). 4 - Murari Morya S/o. Late Jairam Morya Aged About 27 Years R/o. Village Takraguda Thhothhapara, Dist.- Bastar (C.G.). 5 - Thhiluram Morya S/o. Late Jairam Morya Aged About 25 Years R/o. Village Takraguda Thhothhapara, Dist.- Bastar (C.G.). ... Appellants versus 1 - Sushant Kumar @ Tony S/o. Late Prabhat Kumar Masih Aged About 33 Years R/o. Nayamunda, Tiranga Chowk, P.S. Bodhghat, Jagdalpur Dist.- Bastar (C.G.) (Driver). 2 - Madan Baghel S/o. Bhadaru Baghel Aged About 34 Years R/o. Badechakwa, Thhurluguda Para, Chouki Ghotiya, P.S. Lohandiguda, Dist.- Bastar (C.G.) (Owner of Vehicle). 3 - SBI General Insurance through Branch Manager, 4th Floor, PJRI Chamber, Pachpedi Naka, Dhamtari Road, N.H. 43, Raipur (C.G.) (Insurance Company Of Offending Vehicle) ... Respondents For the appellants : Mr. Raza Ali, Advocate For the respondents : …….. Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 22.07.2026 2 1. Heard on I.A. No.1 for condonation of delay in filing the appeal. For the reasons stated in the application which is supported by affidavit of appellant no.2 and since this appeal is preferred by the claimants, the delay of 89 days is condoned. Application is allowed. Heard on admission. 2. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed seeking enhancement of compensation, challenging the impugned award dated 14.10.2025 passed by the learned III Addl. Motor Accident Claims Tribunal, Jagdalpur, Chhattisgarh in Claim Case No. 250/2024 whereby learned Claims Tribunal has awarded a total sum of Rs.11,82,134/-- as a compensation for the death of deceased. 3. Brief facts of the case are that the deceased Jairam Mourya, aged about 60 years, died in a motor accident took place on 13.09.2024 due to rash and negligent driving of respondent no.1. Appellant no.1 is widow and appellants 2 to 5 are sons of deceased . They being legal heirs filed claim application seeking a total compensation of Rs.34,50,000/-. 4. Learned counsel for the appellants submits that the Tribunal had taken the lesser income of deceased as Rs. 10,428/- per month and the amounts granted under the conventional heads are also meagre, thereby, just compensation has not been awarded. He submits that the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 5. The claimants have pleaded that the deceased was earning the monthly income of Rs.20,000/- from agricultural work and by doing the job of Headmistry. In absence of any evidence regarding income of deceased, the Tribunal took the income as Rs.10,428/- treating him as unskilled worker. As per the Chhattisgarh Minimum Wages applicable as on the date of accident 13.09.2024, the wages of unskilled person was Rs.10,380/- per month. Therefore, the income taken by the Tribunal i.e., Rs.10,428/- 3 cannot be said to be on lower side. Since there are 5 dependents and the deceased was married person of 60 years of age, the Tribunal has rightly added 10% future prospectus, deducted 1/4th towards personal expenses and applied multiplier 9 which cannot be said to be on lower side. Under the other conventional heads, applying the principle of 10% automatic enhancement for every three years, it has granted Rs.16,500/- for funeral expenses, Rs.16,500/- for loss of estate and Rs.2,20,000/- for loss of consortium. Thus a total compensation of Rs.11,82,134/- has been awarded. 6. Since the award passed by the Tribunal is in conformity with the principles laid down by the Supreme Court in National Insurance Company Ltd. Versus Pranay Sethi (2017) 16 SCC 680; Sarla Verma Vs. Delhi Transport Corporation (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. Versus Nanu Ram @ Chuhru Ram (2018) 18 SCC 130 I am of the opinion that the award passed by the tribunal cannot be said to be unjust or unreasonable warranting interference by this Court in the instant appeal. 7. Accordingly, this appeal is dismissed at the admission stage itself. Sd/- Sanjay Kumar Jaiswal Judge Rao