1 CGHC010333862023 2026:CGHC:37210 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1768 of 2023 1 - Prachi Khandekar D/o Late Madan Lal Khandekar, Aged About 14 Years R/o Gitanjali, City, Face-025, House No. -P/02, Police Station Sarkanda, Tahsil And District Bilaspur Chhattisgarh. 2 - Lokesh Kumar Khandekar S/o Late Madan Lal Khandekar, Aged About 13 Years Minor Through The Grand Father (Natural Guardian) Mangal Ram Khandekar, R/o Gitanjali, City, Face-025, House No. - P/02, Police Station Sarkanda, Tahsil And District Bilaspur Chhattisgarh. 3 - Pravin Kumar Khandekar S/o Late Madan Lal Khandekar, Aged About 11 Years Minor Through The Grand Father (Natural Guardian) Mangal Ram Khandekar, R/o Gitanjali, City, Face-025, House No. - P/02, Police Station Sarkanda, Tahsil And District Bilaspur Chhattisgarh. 4 - Mangal Ram Khandekar S/o Late Anandram Khandekar, Aged About 94 Years R/o Gitanjali, City, Face-025, House No. -P/02, Police Station Sarkanda, Tahsil And District Bilaspur Chhattisgarh. ... Appellants versus 1 - Bhagirathi Khairwar S/o Babulal Khairwar, Aged About 30 Years R/o Mukan Banbandha, Tahsil And Police Station Pali, Chowki Chaitma, District Koraba Chhattisgarh. (Driver Of The Vehicle Motor Cycle No. C.G. -12bd-1991) 2 - Ifcco Tokyo General Insurance Company Limited, Branch Manager, Branch Office -2nd Floor, Shop No. -205, M.M. Silver Plaxa, Mahavir SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.08.21 10:54:42 +0530 2 Nagar, Ring Road No. 01, In Front Of Raipur Udyog, Near Of The Mining Office, District Raipur Chhattisgarh ( Insurer Of The Vehicle Motor Cycle No. C.G.-12bd-1991) 3 - Hemlata W/o Late Madanlal Khandekar, Aged About 35 Years R/o Through D/o Shri Jagdev Prasad Barman, R/o Village Semariya, Police Station And Tahsil Kota, District : Bilaspur, Chhattisgarh --- Respondent(s) For Appellants : Mr. Anand Kesharwani, Advocate For Respondents : None Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (19.08.2026) 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 21.04.2023, passed in Claim Case No.661/2022 by learned 6th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) whereby the learned Claims Tribunal has awarded a total sum of Rs.17,02,100/- as compensation for the death of Madanlal Khandekar, who died in a road accident which took place on 30.01.2022. 2. 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, which needs to be enhanced. Therefore, the instant appeal be allowed and the compensation 3 awarded by the Claims Tribunal may suitably be enhanced. 3. I have heard learned counsel for the appellant, considered his rival submission made herein-above and went through the records with utmost circumspection. 4. In the case at hand, true it is that the learned Tribunal has taken the monthly income of the deceased to be Rs.7,900/-, which ought to be Rs.9,280/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, to that extent the impugned award needs to be modified. 5. 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. 7900 x 12 = 94,800/- Rs. 9280 x 12 = 1,11,360/- 2. Future prospect (+)40% (i.e. Rs. 44,544) = 1,55,904/- 3. Deduction (-) 1/4 (i.e. 23,700) = 71,100/- (-) 1/4 (i.e. 38976) = 1,16,928/- 4. Future (+)40% (i.e. Rs. 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 prospect 28,440) = 99,540/- 4. Multiplier (x) 15 = 14,93,100/- (x) 15 = 17,53,920/- 5 Other conventional heads Rs. 2,09,000/- Rs. 2,09,000/- (16500+16500+176 000) Total Rs. 17,02,100/- Rs. 19,62,920/- 6. In view of the aforesaid analysis, the amount of compensation of Rs.17,02,100/- awarded by the Claims Tribunal is enhanced to Rs.19,62,920/-. Hence, after deducting the amount of Rs.17,02,100/-, the appellants are held entitled for an additional amount of Rs.2,60,820/-. 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. 7. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 8. 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