1 CGHC010060312020 2026:CGHC:32505 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 436 of 2020 1 – Santoshi, W/o. Late Manbodh Kaser, Aged About 30 Years, R/o. Village Bilaigarh, Police Station And Tahsil Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh................Claimant 2 - Minor Annu, D/o. Late Manbodh Kaser, Aged About 16 Years, Minor Through Legal Guardian Mother Appellant No. 1, R/o. Village Bilaigarh, Police Station And Tahsil Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh................Claimant 3 - Minor Babita, D/o. Late Manbodh Kaser, Aged About 13 Years, Minor Through Legal Guardian Mother Appellant No. 1, R/o. Village Bilaigarh, Police Station And Tahsil Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh................Claimant 4 - Minor Purnima, D/o. Late Manbodh Kaser, Aged About 11 Years, Minor Through Legal Guardian Mother Appellant No. 1, R/o. Village Bilaigarh, Police Station And Tahsil Bilaigarh, District Baloda Bazar Bhatapara, Chhattisgarh................Claimant 5 - Minor Gayatri, D/o. Late Manbodh Kaser, Aged About 10 Years, ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.07.29 17:02:59 +0530 2 Minor Through Legal Guardian Mother Appellant No. 1, R/o. Village Bilaigarh, Police Station And Tahsil Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh................Claimant 6 - Minor Sarojani, D/o. Late Manbodh Kaser, Aged About 4 Years, Minor Through Legal Guardian Mother Appellant No. 1, R/o. Village Bilaigarh, Police Station And Tahsil Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh................Claimant 7 - Minor Jivan, S/o. Late Manbodh Kaser, Aged About 3 Years, Minor Through Legal Guardian Mother Appellant No. 1, R/o. Village Bilaigarh, Police Station And Tahsil Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh................Claimant 8 - Minor Chandni, D/o. Late Manbodh Kaser, Aged About 1 Years, Minor Through Legal Guardian Mother Appellant No. 1, R/o. Village Bilaigarh, Police Station And Tahsil Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh................Claimant 9 – Shankutala, D/o. Late Bhagwano Kaser, Aged About 35 Years, R/o. Village Bilaigarh, Police Station And Tahsil Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh................Claimant ... Appellants versus 1 - Nemchand Yadav, S/o. Shyamlal Yadav, Aged About 30 Years, R/o. Village Basaiha, Police Station Rajendra Gram, District Anuppur (Madhya Pradesh) Present Address Vishnu Chowk Tifra, Bilaspur, District Bilaspurm Chhattisgarh. (Driver Of Offending Vehicle Truck Bearing Registration No. C.G. 10 C-5323) 3 2 - Karan Vishwakarma, S/o. Ashok Vishwakarma, Aged About 24 Years, R/o. Vishnu Chowk Tifra, Bilaspur, District Bilaspur, Chhattisgarh. (Owner Of Offending Vehicle Truck Bearing Registration No. C.G. 10 C- 5323) 3 - Branch Manager, Insurance Company, The New India Insurance Company Limited, Branch Office Raipur Road, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh. (Insurer Of Offending Vehicle Truck Bearing Registration No. C.G. 10 C-5323) 4 - Hajir Ali, S/o. Haider Ali, Aged About 47 Years, R/o. Musalman Mohalla, Nagar Panchayat Bhatgaon, Police Station And Tahsil Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh 5 - Insurance Company, HDFC Agro Insurance Company Limited, Branch Office Third Floor, Chawla Complex, Devendra Nagar Road, Sai Nagar Raipur 492001 District Raipur Chhattisgarh. (Insurer Of Offending Vehicle Pickup Bearing Registration No. C.G. 22 C-0174) ... Respondents For Appellants : Mr. S.P. Sahu, Advocate For Respondent No.3 : Mrs. Swati Agrawal, Advocate on behalf of Mr. Pankaj Agrawal, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 29.07.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/ claimants seeking enhancement of 4 the amount of compensation, challenging the impugned award dated 20.11.2019 passed by the learned Motor Accident Claims Tribunal, Baloda Bazar, District Baloda Bazar-Bhatapara in Claim Case No.162/2018, by which the claim application of the claimants has been allowed and an amount of compensation to the tune of Rs. 12,79,600/- has been awarded to the claimants for the death of Manbodh Kaser, aged about 36 years, at the time of accident. 2. Appellants, who are wife, daughters, son & sister of deceased Manbodh Kaser filed an application under Section 166 of the Act of 1988 before the Motor Accident Claims Tribunal (for brevity “Claims Tribunal”) seeking compensation to the tune of Rs. 20,00,000/- pleading therein that on the date of accident, deceased Manbodh Kaser, aged about 36 years, was sole bread earner of the family and on account of his untimely death in the accident, the appellants have suffered economical and psychological difficulties. 3. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that deceased Manbodh Kaser died in the accident arising out of rash & negligent driving of the offending vehicle driven by respondent No.1, owned by respondent No.2 and insured by the respondent No.3. Breach of conditions of insurance policy was not found to be proved and after calculating the amount of compensation, the learned Claims 5 Tribunal has awarded Rs. 12,79,600/- with interest @ 9% per annum from the date of filing of claim application. 4. Mr. S.P. Sahu, learned counsel for the appellants, would submit that the learned Claims Tribunal has awarded very meager amount, as the Claims Tribunal erred in assessing the income of deceased to be Rs.6,000/- per month, which should be Rs. 7,930/- per month, as per the Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal may be enhanced suitably. 5. Mrs. Swati Agrawal, learned counsel appearing for the respondent No.3/ insurance company, would submit that the appellants have failed to prove the exact income of deceased by producing clinching and admissible piece of evidence, hence, the learned Claims Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the learned Claims Tribunal is just and proper, which does not call for any interference. 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 6 7. Learned Claims Tribunal has assessed the monthly income of deceased Manbodh Kaser to be Rs. 6,000/- per month i.e. Rs.72,000/- per annum, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased should be Rs. 7,930/- per month i.e. Rs. 95,160/- per annum. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi 1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is re-computing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 6,000 x 12 = 72,000/- Rs. 7,930 x 12 = 95,160/- Future prospects 40% Rs. 72,000 + 28,800 = Rs. 1,00,800/- Rs. 95,160 + 38,064 = Rs. 1,33,224/- Deduction of 1/5 towards personal expenses Rs. 1,00,800 – 20,160 = Rs. 80,640/- Rs. 1,33,224 – 26,644 = Rs. 1,06,580/- Multiplier of 15 Rs. 80,640 x 15 = Rs. 12,09,600/- Rs. 1,06,580 x 15 = Rs. 15,98,700/- Loss of consortium Rs. 40,000/- Rs. 3,60,000/- (Rs. 40,000 x 9) 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 7 Loss of Estate Rs. 15,000/- Rs. 15,000/- Funeral Expenses Rs. 15,000/- Rs. 15,000/- Total Rs. 12,79,600/- Rs. 19,88,700/- 8. In view of the aforesaid analysis, the amount of compensation of Rs. 12,79,600/- awarded by the Claims Tribunal is enhanced to Rs. 19,88,700/-. Hence, after deducting the amount of Rs. 12,79,600/- already awarded by the Claims Tribunal, the appellants are entitled for an additional amount of Rs. 7,09,100/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days. The additional amount of compensation shall carry interest @ 9% 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. 9. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit/Ashok