1 CGHC010239152024 2026:CGHC:33036 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1587 of 2024 1 - Smt. Rameshwari Singh W/o Late Shivnarayan Aged About 28 Years (Wife Of Deceased) R/o Village - Khonda, P.S. - Ramkola, District - Surajpur (C.G.) 2 - Piyush Kumar Singh S/o Late Shivnarayan Aged About 11 Years (Son Of Deceased) Minor Through Legal Guardian, Appellant No. 1 Amt. Rameshwari Singh, R/o Village - Khonda, P.S. Ramkola, District - Surajpur (C.G.) 3 - Ram Singh S/o Late Shivnarayan Aged About 7 Years (Son Of Deceased) Minor Through Legal Guardian, Appellant No. 1 Amt. Rameshwari Singh, R/o Village - Khonda, P.S. Ramkola, District - Surajpur (C.G.) 4 - Laxman S/o Late Shivnarayan Aged About 7 Years (Son Of Deceased) Minor Through Legal Guardian, Appellant No. 1 Amt. Rameshwari Singh, R/o Village - Khonda, P.S. Ramkola, District - Surajpur (C.G.) 5 - Jaynandan Singh S/o Furman Aged About 62 Years (Father Of Deceased) R/o Village - Khonda, P.S. Ramkola, District - Surajpur (C.G.) 6 - Dilraj Kunwar Netam W/o Jaynandan Singh Aged About 54 Years (Mother Of Deceased) R/o Village - Khonda, P.S. Ramkola, District - Surajpur (C.G.) ... Appellant(s) 2 versus 1 - Ramesh S/o Shri Adhin Singh Aged About 30 Years R/o Village - Gadbadi, P.S. - Baikunthpur, District - Koriya (C.G.) (Driver Cum Owner Of Vehicle) 2 - Branch Manager National Insurance Company Limited, Branch Office - Vyapar Bihar Road, Above Canara Bank, 1st Floor, Bilaspur (C.G.) (Insurance Company) ... Respondent(s) For Appellants : Mr. Krishna Kant Prajapati, Advocate. For Respondent No.1 : Mr. Praveen Dhurandhar, Advocate. For Respondent No.2 : None 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 07.02.2024, passed in Motor Accident Claim Case No.01/2023, whereby the learned Claims Tribunal has awarded a total sum of Rs.13,80,240/- as compensation for the death of Late Shivnarayan Singh, who died in a road accident which took place on 01.07.2022. 2. Learned counsel for the appellant submitted that the learned Claims Tribunal has committed error of law in assessing the monthly income of the deceased. The deceased at the relevant time was working as Mason and as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, 3 Chhattisgarh for unskilled labour, the monthly wages was Rs.9960/-, but the learned Claims Tribunal only accessed the monthly income of deceased to be Rs.6,000/-. He further submits that under the conventional heads also the learned Claims Tribunal has awarded meager compensation, which needs to be enhanced suitably. 3. Mr. Praveen Dhurandhar, learned counsel for respondent No.1 supported the impugned award. 4. None appeared for respondent No.2. 5. I have heard learned counsel for the appellant and respondent No.1, perused the record of the Tribunal, including award impugned. 6. In the case at hand, the learned Tribunal has indeed taken the monthly income of the deceased to be Rs. 6,000/- for unskilled labourer on the date of accident. Considering that the deceased was 35 years of age at the time of accident and was unskilled labour, it would be proper to take his monthly income of Rs.9960/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour. Given that the deceased was 35 years of age at the time of the accident, an addition of 40% towards future prospects is warranted. Furthermore, as the deceased was married and left behind 06 dependents (his wife, three children and parents), a 1/4th deduction towards personal and living expenses ought to have been taken but the learned Claims Tribunal deducted 1/5th towards personal and living expenses, which in view of the law laid down by the Hon'ble Supreme Court in National Insurance Company Vs. Pranay Sethi (2017) 16 SCC 680, needs to be modified. Accordingly, 1/4th of the income of the deceased is deducted towards his personal and living expenses for the purpose of computation of compensation. Therefore, to that extent 4 the impugned award needs to be modified. 7. The learned claims Tribunal has awarded an amount of Rs. 90,000/- under other 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. 8. 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. 6000x12 = 72,000/- Rs. 9960x12 = 1,19,520/- 2 Future prospect (+)40% (i.e. Rs. 28,800) = 1,00,800/- (+)40% (i.e. Rs. 47,808) = 1,67,328/- 3 Deduction (-) 1/5 (i.e. 20,160) = 80,640/- (-) 1/4 (i.e. 41,832/-) = 1,25,496/- 4 Multiplier (x) 16 = 12,90,240/- (x) 16 = 20,07,936/- 5 Towards Loss of consortium to all the 6 claimants Rs.50,000/- Rs. 44,000x6 = Rs. 2,64,000/- 6 Towards loss of estate Rs. 20,000/- Rs. 16,500/- 1(2017) 16 SCC 680 2(2009) 6 SCC 121 3(2018) 18 SCC 130 5 7 Towards funeral expenses Rs. 20,000/- Rs. 16,500/- Total Rs. 13,80,240/- Rs. 23,04,936/- 9. Thus, the total compensation is recomputed as Rs. Rs.23,04,936/-. After deducting Rs.13,80,240/- as awarded by the Tribunal, the enhancement would be Rs. 9,24,696/-. 10. In the result, the appeal is partly allowed. The claimants/appellants shall be entitled to get Rs. 9,24,696/- 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. 11. 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 Pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.08.01 16:14:28 +0530