1 CGHC010170332024 2026:CGHC:33035 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 994 of 2024 1 - Sadhna Kaushik Wd/o Late Diwakar Kaushik, Aged About 29 Years R/o Village Beltara, Police Station Ratanpur, Tahsil And District Bilaspur Chhattisgarh 2 - Divya Kaushik S/o Late Diwakar Kaushik Aged About 6 Years Minor Through The Mother (Natural Guardian) Sadhna Kaushik Wd/o Late Diwakar Kaushik R/o Village Beltara, Police Station Ratanpur, Tahsil And District Bilaspur Chhattisgarh 3 - Ramswaroop Kaushik S/o Late Ramdulare Kaushik, Aged About 71 Years R/o Village Beltara, Police Station Ratanpur, Tahsil And District Bilaspur Chhattisgarh ... Appellant(s) versus 1 - Laxmi Prasad Kariyare S/o Tulsiram, Aged About 37 Years R/o Village Telsara, Police Station And Tahsil Bilha, District Bilaspur Chhattisgarh (Driver Of The Vehicle) 2 - Sajjan Kumar Agrawal S/o Late Budhram Agrawal, Aged About 55 Years R/o Village And Police Station Sirgitti, Tahsil And District Bilaspur Chhattisgarh. M/s Shri Om Oil Extension Limited, Through Proprietor S.K. Agrawal, 08 Sector -C, Sirgitti, Tahsil And District Bilaspur Chhattisgarh (Owner Of The Vehicle) 3 - United India General Insurance Company Limited, Permanent Address - 1st Floor, L.I.C. Building, Magarpara, Near Kalyani Hospital 2 Bilaspur Tahsil And District Bilaspur Chhattisgarh. (Insurer Of The Vehicle) ... Respondent(s) For Appellants/Claimants : Mr. Anand Kesharwani, Advocate. For Respondent Nos. 1&2 : Mr. Ritesh Verma, Advocate. For respondents No.3 : Mr. Anupam Dubey, Advocate. 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 01.04.2024, passed in Claim Case No.1287/2022, whereby the learned Claims Tribunal has awarded a total sum of Rs.18,62,568/- as compensation for the death of Late Diwakar Koushik, who died in a road accident which took place on 08.09.2022. 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 Contractor and was earning Rs.40,000/-, however, the learned Tribunal only assessed the monthly in come of the deceased to be Rs.9540/- in view of Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour, which is not justified. He further submits that under the conventional heads also the learned Claims Tribunal has awarded meager compensation, which needs to be enhanced suitably. 3. Learned counsel for respondent Nos. 1 and 2 supported the 3 impugned award. 4. Learned counsel for respondent No.3/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. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 6. In the present case, the appellants/claimants pleaded before the Claims Tribunal that the deceased, Diwakar Koushik earning Rs.40,000/- per month by doing labour work. However, no documentary evidence was adduced to substantiate this claim. The learned Tribunal has indeed taken the monthly income of the deceased to be Rs. 9540/- for unskilled labourer on the date of accident. Considering the deceased as unskilled labourer, it would proper to take his monthly income of Rs.9,960/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for skilled labour. Therefore, to that extent the impugned award needs to be modified. 7. 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. 9540x12 = Rs. 9960x12 = 1(2017) 16 SCC 680 2(2009) 6 SCC 121 3(2018) 18 SCC 130 4 1,14,480/- 1,19,520/- 2. Future prospect (+)40% (i.e. Rs. 45,792) = 1,60,272/- (+)40% (i.e. Rs. 47,808) = 1,67,328/- 3. Deduction (-) 1/3 (i.e. 53,424) = 1,06,848/- (-) 1/3 (i.e. 55,776) = 1,11,552/- 4. Multiplier (x) 16 = 17,09,568/- (x) 16 = 17,84,832/- 5 Towards Loss of consortium to all 03 claimants Rs. 1,20,000/- Rs. 44,000 x 3 = Rs.1,32,000/- 6. Towards Loss of Estate Rs.16,500/- Rs.16,500/- 7. Towards funeral exepenses Rs.16,500/- Rs.16,500/- Total Rs. 18,62,568/- Rs. 19,49,832/- 8. In view of the aforesaid analysis, the amount of compensation of Rs.18,62,568/- awarded by the Claims Tribunal is enhanced to Rs.19,49,832/-. Hence, after deducting the amount of Rs.18,62,568/-, the appellants are held entitled for an additional amount of Rs.87,264/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of the claim application before the Claims Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 9. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 10. 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 5 concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.08.03 11:52:16 +0530