1 CGHC010112282022 2026:CGHC:31520 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 511 of 2022 1 - Islam Begum Late Sheikh Mohammad Aged About 43 Years R/o Village Bhelwadih, Police Station- Rakhi, Tahsil Abhanpur, District- Raipur (C.G.) 2 - Ku. Shabina Bano D/o Late Sheikh Mohammad Aged About 23 Years R/o Village Bhelwadih, Police Station- Rakhi, Tahsil Abhanpur, District- Raipur (C.G.) 3 - Shahmad Ali S/o Late Sheikh Mohammad Aged About 21 Years R/o Village Bhelwadih, Police Station- Rakhi, Tahsil Abhanpur, District- Raipur (C.G.) 4 - Arbaj Ali S/o Late Sheikh Mohammad Aged About 18 Years R/o Village Bhelwadih, Police Station- Rakhi, Tahsil Abhanpur, District- Raipur (C.G.) 5 - Minor Haidar Ali S/o Late Sheikh Mohammad Aged About 10 Years Through Mother And Natural Guardian Islam Begum W/o Late Sheikh R/o Village Bhelwadih, Police Station- Rakhi, Tahsil Abhanpur, District- Raipur (C.G.) 6 - Fatima Begum W/o Late Bhangu Ali Aged About 65 Years R/o ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Village Bhelwadih, Police Station- Rakhi, Tahsil Abhanpur, District- Raipur (C.G.) ... Appellants versus 1 - Manoj Kumar Vishwakarma S/o Anuj Vishwakarma Aged About 30 Years R/o Nadi Road Ghodari, Bhathapara, Police Station, Tahsil And District- Mahasamund (C.G.) (Driver Of Tata Di 207 Bearing No Cg 04 Ja 5549) 2 - Baldau Yadav S/o Ramanand Yadav Aged About 45 Years R/o Village Kosrangi, Police Station Khallari, District- Mahasamund (C.G.) (Owner Of Tata Di 207 Bearing No. Cg 04 Ja 5549) 3 - Branch Manager Cholamandalam General Insurance Company Ltd. Infront Of Lic Office, Simran Tower, Second Floor, Pandari Raipur, Tahsil And District- Raipur (C.G.) (Insurance Company Of Tata Di 207 Bearing No. Cg 04 Ja 5549) ... Respondent(s) For Appellants : Mr. Kripesh G. Kela, Advocate For Respondent No.3 : Mr. P. R. Patankar, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (23.07.2026) 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 29.01.2019, passed in M.A.C. No.503/2017, whereby the learned Claims Tribunal has awarded a total sum of Rs.10,15,000/- as compensation for the death of Late Sheikh Mohhamad (age 43 3 years), who died in a road accident which took place on 13.03.2017. 2. Learned counsel for the appellant submits that the learned Claims Tribunal has erred in awarding an inadequate amount of compensation in the facts and circumstances of the case. It is submitted that the Claims Tribunal assessed the income of the deceased at Rs. 6,000/- per month, whereas the deceased was working as a driver. In support of the said contention, the driving licence and the Registration Certificate were exhibited as Ex.14-C and Ex.15-C, respectively. The Tribunal has also recorded a finding that the deceased was a driver by profession. It is the specific case of the claimants that the deceased was earning Rs. 15,000/- per month. Therefore, considering the deceased to be a skilled worker, his income ought to have been assessed at a higher amount. It is further submitted that the Tribunal has awarded inadequate compensation under the conventional heads, which deserves enhancement. However, the Tribunal has rightly awarded compensation towards future prospects and has correctly applied the appropriate multiplier and deduction towards personal expenses. Accordingly, it is prayed that the instant appeal be allowed and the compensation awarded by the learned Claims Tribunal be suitably enhanced. 3. Learned counsel for respondent No. 3/Insurance Company submits that the learned Claims Tribunal, after duly appreciating 4 the oral and documentary evidence available on record, has rightly assessed the income of the deceased in accordance with the applicable minimum wages prescribed for a skilled labourer and has consequently awarded just and reasonable compensation. It is further submitted that the compensation awarded by the learned Claims Tribunal is just and proper, therefore warrants no interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. In the case at hand, the learned Tribunal has indeed taken the monthly income of the deceased to be Rs.6,000. According to the claimants, the deceased used to earn Rs.15,000/- per month as a driver, and the said fact has also been admitted by the Tribunal, yet no challenge has been raised by the non-appellants to the deceased being a driver, hence considering the deceased working as a driver/skilled labourer, it would proper to take his monthly income of Rs.8,500/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for skilled labour. Furthermore, in other conventional heads the Tribunal has granted only Rs.70,000/- which ought to be Rs.2,70,000/-, to that extent the impugned award needs to be modified. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of 5 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. 6000 x 12 = 72,000/- Rs. 8500 x 12 = 1,02,000/- 2. Future prospect (+)25% (i.e. Rs. 18,000) = 90,000/- (+)25% (i.e. Rs. 25,500) = 1,27,500/- 3. Deduction (-) 1/4 (i.e. 22,500/-) = 67,500/- (-) 1/4 (i.e. 31,875) = 95,625/- 4. Multiplier (x) 14 = 9,45,000/- (x) 14 = 13,38,750/- 5 Other conventional heads Rs. 70,000/- Rs. 2,70,000/- (15000+15000+2,40,00 0) Total Rs. 10,15,000/- Rs. 16,08,750/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.10,15,000/- awarded by the Claims Tribunal is enhanced to Rs.16,08,750/-. Hence, after deducting the amount of Rs.10,15,000/-, the appellants are held entitled for an additional amount of Rs.5,93,750/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of 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. 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 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 Saxena