1 CGHC010375642019 2026:CGHC:32218 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2100 of 2019 1 - Sunil Kumar Barla S/o Late Fladiyush Barla Aged About 36 Years Caste - Uranw, R/o Village - Bandega Kilkila, Station - Talsara, District - Sundargarh (Orissa), District : Sundargarh, Orissa 2 - Sandeep Barla S/o Late Fladiyush Barla Aged About 30 Years Caste - Uranw, R/o Village - Bandega Kilkila, Station - Talsara, District - Sundargarh (Orissa), District : Sundargarh, Orissa 3 - Ashok Barla S/o Late Fladiyush Barla Aged About 29 Years Caste - Uranw, R/o Village - Bandega Kilkila, Station - Talsara, District - Sundargarh (Orissa), District : Sundargarh, Orissa 4 - Aanand Barla Fladiyush Barla Aged About 28 Years, Caste - Uranw, R/o Village - Bandega Kilkila, Station - Talsara, District - Sundargarh (Orissa), District : Sundargarh, Orissa ... Appellants Versus 1 - Tarun Singh S/o Uday Singh Aged About 40 Years Caste - Rajput, R/o Gram - Lawakera, Tehsil - Farsabahar District - Jashpur Chhattisgarh. (Driver) (Non Applicant No. 01), District : Jashpur, Chhattisgarh 2 - Virendra Kumar Gupta S/o Ganesh Prasad Gupta, R/o Gram - Lawakera, Tahsil Farsabahar, District - Jashpur Chhattisgarh. (Owner) (Non Applicant No. 02), Chhattisgarh 3 - The New India Insurance Co. Ltd., Micro Branch Office P. N. S. Complex, Raigarh Road, Jashpur Nagar, District - Jashpur Chhattisgarh. (Non Applicant No. 03), District : Jashpur, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Ms. Vidhi Matlani, Advocate on behalf of Mr. Sanjay Agrawal, Advocate For Respondents No.1 & 2 : Mr. Subodh Pandey, Advocate through Video Conferencing For Respondent No.3 : Mr. P. Dutta, Advocate ------------------------------------------------------------------------------------------------ SAIFAN KHAN Digitally signed by SAIFAN KHAN 2 Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 28.07.2026 1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) by the Claimant seeking enhancement of amount of compensation, challenging the impugned award dt. 13.08.2019, whereby learned Claims Tribunal has awarded a total sum of Rs.1,08,750/- as compensation to the claimants for the death of Fladiyush Barla, who died in a road accident took place on 09.01.2017. 2. Learned counsel for the Claimant would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. Claims Tribunal erred in assessing income of deceased as Rs.15.000/- per annum which should be Rs.6,206/- per month as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Further, Claims Tribunal also erred in not awarding any amount under the head of loss of consortium, whereas it ought to have been Rs.44,000/- x 4= Rs.1,76,000. Therefore, to that extent, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondents would submit that the appellants have failed to prove nature of occupation and income of the deceased by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of deceased on 3 notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 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, 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 & Ors 3 , this Court is computing the quantum of compensation to be awarded to the claimant, as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs.1250/- x 12 = Rs.15,000/- Rs.6206/- x 12 = Rs.74,427/- 2 Future Prospect NIL NIL 3. Deduction (-) 1/4 (i.e. Rs.3750/-) = Rs. 11,250/- (-) 1/4 (i.e. Rs.18,618/-) = Rs.55,809/- 4. Multiplier (x) 7 = Rs.78,750/- (x) 7 = Rs.3,90,663/- 5. Loss of Estate Rs.15,000/- Rs.15,000/- 6. Funeral Express Rs.15,000/- Rs.15,000/- 7. Loss of consortium NIL Rs.44,000/- x 4= Rs.1,76,000/- Total Rs.1,08,750/- Rs.5,96,663/- 6. 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.1,08,750/- awarded by the Claims Tribunal is enhanced to Rs.5,96,663/-. Hence, after deducting the amount of Rs.1,08,750/-, the appellants are held entitled for an additional amount of Rs.4,87,913/-. 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 copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 7. Accordingly, the appeals is allowed in part and the impugned award is modified to the extent as indicated herein-above. sd/- (Sanjay K. Agrawal) Judge s@if