1 CGHC010201162019 2026:CGHC:33213 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1225 of 2019 1 - Vishesh Sinha, S/o. Late Shri Milan Sinha, Aged About 29 Years, R/o. Village Tamrua, Tahsil Kawardha, District Kabirdham, Chhattisgarh. 2 - Omprakash Sinha, S/o. Late Shri Milan Sinha, Aged About 27 Years, R/o. Village Tamrua, Tahsil Kawardha, District Kabirdham, Chhattisgarh. 3 - Bhushan Sinha, S/o. Late Shri Milan Sinha, Aged About 24 Years, R/o. Village Tamrua, Tahsil Kawardha, District Kabirdham, Chhattisgarh. 4 - Raju Sinha, S/o. Late Shri Milan Sinha, Aged About 22 Years, R/o. Village Tamrua, Tahsil Kawardha, District Kabirdham, Chhattisgarh. ... Appellants versus 1 - Amit Kumar Chandravanshi, S/o. Tekram Chandravanshi, Aged About 32 Years, R/o. Village Mohgaon, Police Station Pipariya, District Kabirdham, Chhattisgarh. Present Address:- Kailash Nagar, Ward No. 03, Kawardha, District Kabirdham, Chhattisgarh. (Driver Of The Vehicle No. CG/10/8137). ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.08.01 11:11:49 +0530 2 2 - Ranjit Singh Rajput, S/o. Shri Murli Rajput, Aged About 27 Years, R/o. Village Barhatti, Police Station Rajnandgaon (Bhoramdev), Tehsil Bodla, District Kabirdham, Chhattisgarh. Present Address- Behind Gayatri Temple, Kawardha Police Station- Kabirdham, Tehsil Kabirdham, District Kabirdham, Chhattisgarh (Register Owner Of The Vehicle). 3 - Bajaj Allianz General Insurance Company Limited, Through General Manager, Address Plot No. 02/07, Second Flore, Near Gandhi Chowk G.E. Road, Akash Ganga Supela Bhilai, Teshil And District Durg Chhattisgarh. (Insurer Of Vehicle). 4 – Malti, W/o. Late Milan Sinha, D/o. Tularam, Aged About 35 Years, R/o. Village Bijabhat Tehsil Bemetara, District Bemetara, Chhattisgarh. ... Respondents For Appellants : Mrs. Preeti Yadav, Advocate For Respondent No. 3 : Mr. Sangeet Kumar Kushwaha, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 31.07.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/ claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 08.02.2019 passed by the learned Motor Accident Claims Tribunal, Bemetara in Claim Case No.52/2018, by which the claim 3 application of the claimants has been allowed and an amount of compensation to a sum of Rs. 8,82,000/- has been awarded to the claimants. 2. Mrs. Preeti Yadav, 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.7,000/- 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. She further submits that the deduction should be ¼ instead of ½ towards personal expenses of the deceased and furthermore, loss of consortium to the children of the deceased has not been awarded. Therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal may be enhanced suitably. 3. Mr. Sangeet Kumar Kushwaha, 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 4 learned 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 gone through the records minutely. 5. Learned Claims Tribunal has assessed the monthly income of deceased to be Rs. 7,000/- per month i.e. Rs. 84,000/- 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 discussions 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 & 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. 7,000 x 12 = 84,000/- Rs. 7,930 x 12 = 95,160/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 Future prospects Nil Add : 10% :- Rs. 95,160 + 9,516 = Rs. 1,04,676/- Deduction towards personal expenses (- 50%) Rs. 84,000 – 42,000 = Rs. 42,000/- 1/4th Rs. 1,04,676 – 26,169 = Rs. 78,507/- Multiplier of 11 Rs. 42,000 x 11 = Rs. 4,62,000/- Rs. 78,507 x 11 = Rs. 8,63,577/- Medical expenses Rs. 3,50,000/- Rs. 3,50,000/- Loss of consortium to wife Rs. 40,000/- Rs. 40,000/- Loss of consortium to children Nil Rs. 1,60,000/- (40,000 x 4) Loss of Estate Rs. 15,000/- Rs. 15,000/- Funeral Expenses Rs. 15,000/- Rs. 15,000/- Total Rs. 8,82,000/- Rs. 14,43,577/- 6. In view of the aforesaid analysis, the amount of compensation of Rs. 8,82,000/- awarded by the Claims Tribunal is enhanced to Rs. 14,43,577/-. Hence, after deducting the amount of Rs. 8,82,000/- already awarded by the Claims Tribunal, the appellants are entitled for an additional amount of Rs. 5,61,577/-. 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. 6 7. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok