1 CGHC010015902026 2026:CGHC:32431 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 158 of 2026 1 - Sheetla Bai Mahant W/o Late Chain Das Mahant Aged About 44 Years R/o Village 900/1, Shiv Nagar, Dhyanchand Mohalla, Rumgara, Balco, Ward No. 34, Distt - Korba Chhattisgarh (Claimant) 2 - Ritesh Das Mahant S/o Late Chain Das Mahant Aged About 24 Years R/o Village 900/1, Shiv Nagar, Dhyanchand Mohalla, Rumgara, Balco, Ward No. 34, Distt - Korba Chhattisgarh (Claimant) 3 - Hitesh Das Mahant S/o Late Chain Das Mahant Aged About 22 Years R/o Village 900/1, Shiv Nagar, Dhyanchand Mohalla, Rumgara, Balco, Ward No. 34, Distt - Korba Chhattisgarh (Claimant) ... Appellant (s) versus 1 - Naseem Ansari S/o Niyaamat Ansari Through J H Transport, Proprietor Rajeev Ranjan Rai, R/o Plot No. 15 Behind Coffee House, Tp Nagar, Korba, Distt. Korba Chhattisgarh (Driver) 2 - J H Transport Through Proprietor Rajeev Ranjan Rai, R/o Plot No. 15 Behind Coffee House, T P Nagar, Korba, Distt. Korba Chhattisgarh (Owner) 3 - National Insurance Company Limited Through Branch Manager, Near Kosabadi Square, Korba, Distt. - Korba Chhattisgarh (Insurer) ... Respondent(s) 2 For Appellants/Claimants : Mr. Pallav Mishra, Adv. For Respondent No.3 : Mr. Dashrath Gupta, Adv. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (28.07.2026) 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 25.10.2025, passed in M.A.C.T. No.36/2025, whereby the learned Claims Tribunal has awarded a total sum of Rs.45,55,816/- as compensation for the death of Late Chain Das, who died in a road accident which took place on 17.12.2023. 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. Mr. Dashrath Gupta, learned counsel appearing for respondent No.3/Insurance Company supporting the impugned award submits that the learned Claims Tribunal has awarded just and proper compensation, which needs no interference by this Court. 4. I have heard learned counsel appearing for the appellants and respondent No.3 & 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, Chain Das, was employed as Fitter in BALCO, earning a monthly salary of Rs.28,062/-, which has been duly proved by the learned Claims Tribunal. 3 Consequently, the monthly income of the deceased was appropriately assessed at Rs.28062/-. Given that the deceased was 45 years of age at the time of the accident, an addition of 30% towards future prospects is warranted. Furthermore, as the deceased was married and left behind three dependents (his wife and two sons), a 1/3rd deduction towards personal and living expenses is applicable, alongside a multiplier of 14 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. 70,000/- under 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. 18,000/- towards loss of estate and Rs. 18,000/- 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.48,000/- each i.e. Rs. 48,000x3 = Rs. 1,44,000/- 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. 28,062/- Rs. 28,062/- 02 Annual income of the deceased Rs. 3,36,744/- Rs. 3,36,744/- 4 (28062 x 12) 03. After adding 30% future prospect (3,36,744 + Rs.1,01,023) Rs. 4,37,767/- Rs. 4,37,767/- 04 After 1/3 deduction towards personal expenses (4,37,767- 1,45,923) Rs. 2,91,844/- Rs.2,91,844/- 05 After applying multiplier of 14 (2,91,844x14) Rs. 40,85,816/- Rs. 40,85,816/- 06 Towards Loss of consortium to all the 3 claimants Rs.40,000/- Rs. 48,000x3 = Rs. 1,44,000/- 07 Towards loss of estate Rs. 15,000/- Rs. 18,000/- 08 Towards funeral expenses Rs. 15,000/- Rs. 18,000/- Total (5+6+7+8) Rs. 41,55,816/- Rs. 42,65,816/- 9. Thus, the total compensation is recomputed as Rs. 42,65,816/-. After deducting Rs. 41,55,816/- as awarded by the tribunal, the enhancement would be Rs. 1,10,000/-. 10. In the result, the appeal is partly allowed. The claimants/appellants shall be entitled to get Rs. 1,10,000/- 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. 5 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 Pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.07.29 19:24:59 +0530