1 CGHC010028912025 2026:CGHC:32895 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 228 of 2025 1 - Smt. Gunja Sahu Wd/o Late Shri Gulendra Sahu Aged About 31 Years R/o Village Karga Post Hasda No.2 Police Station Kurud District Dhamtari (C.G.) Temporary Address Through Lilambar Singh Kharun Rail Vihar 184/4 Fafadih Raipur Tahsil And District - Raipur (C.G.) (Claimants) 2 - Smt. Radhika Wd/o Late Shri Gulendra Sahu Aged About 30 Years R/o Village Karga Post Hasda No.2 Police Station Kurud District Dhamtari (C.G.) Temporary Address Through Lilambar Singh Kharun Rail Vihar 184/4 Fafadih Raipur Tahsil And District - Raipur (C.G.) 3 - Bhumika Sahu D/o Late Shri Gulendra Sahu Aged About 12 Years Mimor Through Legal Guardian Mother Smt. Gunja Sahu R/o Village Karga Post Hasda No.2 Police Station Kurud District Dhamtari (C.G.) Temporary Address Through Lilambar Singh Kharun Rail Vihar 184/4 Fafadih Raipur Tahsil And District - Raipur (C.G.) 4 - Sagar Sahu S/o Late Shri Gulendra Sahu Aged About 10 Years Mimor Through Legal Guardian Mother Smt. Gunja Sahu R/o Village Karga Post Hasda No.2 Police Station Kurud District Dhamtari (C.G.) Temporary Address Through Lilambar Singh Kharun Rail Vihar 184/4 Fafadih Raipur Tahsil And District - Raipur (C.G.) SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.07.31 16:47:44 +0530 2 5 - Harsh Sahu S/o Late Shri Gulendra Sahu Aged About 3 Years Mimor Through Legal Guardian Mother Smt. Gunja Sahu R/o Village Karga Post Hasda No.2 Police Station Kurud District Dhamtari (C.G.) Temporary Address Through Lilambar Singh Kharun Rail Vihar 184/4 Fafadih Raipur Tahsil And District - Raipur (C.G.) 6 - Santosh Sahu S/o Late Shri Leela Ram Sahu Aged About 57 Years R/o Village Karga Post Hasda No.2 Police Station Kurud District Dhamtari (C.G.) Temporary Address Through Lilambar Singh Kharun Rail Vihar 184/4 Fafadih Raipur Tahsil And District - Raipur (C.G.) 7 - Smt. Uma Bai Sahu W/o Santosh Sahu Aged About 50 Years Mimor Through Legal Guardian Mother Smt. Gunja Sahu R/o Village Karga Post Hasda No.2 Police Station Kurud District Dhamtari (C.G.) Temporary Address Through Lilambar Singh Kharun Rail Vihar 184/4 Fafadih Raipur Tahsil And District - Raipur (C.G.) ... Appellants versus 1 - Horilal Verma S/o Shri Mohan Lal Verma Aged About 50 Years R/o Village Paleni Police Station Than Khamhariya District - Bemetara (C.G.) (Drive And Owner Of Offending Vehicle) 2 - The National Insurance Company Limited Through Branch Manager Address Second Floor Momin Marg G.E. Road Raipur District - Raipur (C.G.) (Insurer Of Offending Vehicle) --- Respondent(s) For Appellants : Mr. SP Sahu, Advocate For Respondents No.1 : Mr. Amit Kumar Sahu, Advocate For Respondents No.2 : Mr. Anil Kumar Gulati, Advocate 3 Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (30.07.2026) 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 23.08.2024, passed in Claim Case No.801/2023, whereby the learned Claims Tribunal has awarded a total sum of Rs.23,01,466/- as compensation for the death of Gulendra Kumar Sahu who was aged about 33 and died during treatment in a road accident which took place on 16.07.2023. 2. Learned counsel for the appellant would submit that the learned Claims Tribunal has erred in awarding lesser amount of compensation in the facts of the case. The Claims Tribunal has assessed the income of the deceased on the lower side and has also awarded lesser amount under other conventional heads, which needs to be enhanced. Furthermore, looking to the number of claimants i.e. 7, the deduction towards personal and living expenses ought to be 1/5 instead of 1/4. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for respondent No.2/insurance company would submit that the Claims Tribunal after appreciating oral and documentary evidence available on record rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went 4 through the records with utmost circumspection. 5. In the case at hand, true it is that the learned Tribunal has taken the monthly income of the deceased to be Rs.9000/-, which ought to be Rs.9960/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh. Furthermore, in other conventional heads, the Tribunal has granted only Rs.1,80,000 which ought to be 3,72,000/-. The Tribunal has also made deduction as 1/4 which ought to be 1/5, 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 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. 9000 x 12 = 1,08,000/- Rs. 9960 x 12 = 1,19,520/- 2. Future prospect (+)40% (i.e. Rs. 43,200) = 1,51,200/- (+)40% (i.e. Rs. 47,808) = 1,67,328/- 3. Deduction (-) 1/4 (i.e. 37800) = 1,13,400/- (-) 1/5 (i.e. 33465.6) = 1,33,862.4/- in round figure 1,33,863/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 4. Multiplier (x) 16 = 18,14,400/- (x) 16 = 21,41,808/- 5 Other conventional heads Rs. 1,80,000/- Rs. 3,72,000/- (18000+18000+336 000) 6 Medical Expenses Rs.3,07,066 Rs.3,07,066 Total Rs. 23,01,466/- Rs. 28,20,874/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.23,01,466/- awarded by the Claims Tribunal is enhanced to Rs.28,20,874/-. Hence, after deducting the amount of Rs.23,01,466/-, the appellants are held entitled for an additional amount of Rs.5,19,408/-. The additional amount of compensation shall carry interest @ 6% per annum from 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. 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 -Shubham