1 CGHC010011822025 2026:CGHC:34280 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 94 of 2025 1 - Shivam Singh S/o Late Ramsevak Singh Aged About 24 Years R/o Village - Karwa (Pakdipara) Police Chowki And Tehsil Latori, District Surajpur Chhattisgarh (Defendant No. 4) 2 - Kriti Singh D/o Late Ramsevak Singh Aged About 20 Years R/o Village - Karwa (Pakdipara) Police Chowki And Tehsil Latori, District Surajpur Chhattisgarh (Defendant No. 5) 3 - Priyanka Singh D/o Late Ramsevak Singh Aged About 18 Years R/o Village - Karwa (Pakdipara) Police Chowki And Tehsil Latori, District Surajpur Chhattisgarh (Defendant No. 6) 4 - Pili Bai W/o Late Ramdev Aged About 61 Years R/o Village - Karwa (Pakdipara) Police Chowki And Tehsil Latori, District Surajpur Chhattisgarh (Defendant No. 7) ... Appellant(s) versus 1 - Branch Manager United India Insurance Company Limited, Branch Office Near Kumkum Hotel, First Floor, Bramh Road, Ambikapur, District - Sarguja Chhattisgarh (Insurer Of Offending Vehicle No. Cg 29 Ac 0623) 2 - Ram Prasad Rajwade S/o Girdhari Ram Rajwade Aged About 42 Years R/o Gajadharpur, P.O. Karwa, Chowki - Latori, P.S. Jainagar, District Surajpur Chhattisgarh (Driver) 2 3 - Sumitra Rajwade W/o Ramprasad Rajwade Aged About 28 Years R/o Gajadharpur, P.O. Karwa, Chowki - Latori, P.S. Jainagar, District Surajpur Chhattisgarh (Owner) 4 - Shayampati Singh W/o Late Ramsevak Singh Porte Aged About 27 Years R/o Village Karwa, P.O. Karwa, Chowki - Latori, P.S. Jainagar, District Surajpur Chhattisgarh (Claimant No. 1) 5 - Rishant Singh Porte S/o Late Ramsevak Singh Porte Aged About 4 Years Represented By His Natural Guardian Claimant No. 1 Shayampati Singh, R/o Village Karwa, P.O. Karwa, Chowki - Latori, P.S. Jainagar, District Surajpur Chhattisgarh (Claimant No. 2) ... Respondent(s) For Appellants/Claimants : Mr. Abhinav Dubey, Advocate. For Respondent Nos. 1 : Mrs. Swati Agrawal, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (05.08.2026) 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 10.12.2024, passed in Motor Accident Claim Case No.112/2023, whereby the learned Claims Tribunal has awarded a total sum of Rs.14,12,043/- as compensation for the death of Late Ramsewak Porte, who died in a road accident which took place on 02.03.2023. 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 Peon in the Primary Co-operative Society, Surajpur and was drawing salary of Rs.10,000/- & also earning 3 Rs.10,000/- from grocery shop, as such, he was earning Rs.20,000/- per month, however, the learned Tribunal only assessed the monthly in come of the deceased to be Rs.7,000/- 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 No.1/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 through the records with utmost circumspection. 5. In the present case, the appellants/claimants pleaded before the Claims Tribunal that the deceased Ramsewak Porte was Peon in the Primary Co-operative Society, Surajpur and drawing salary of Rs.10,000/- and he was also earning Rs.10,000/- from grocery shop, as such, he was earning total Rs.20,000/- per month. 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. 7,000/- 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. 6. The learned claims Tribunal has awarded an amount of Rs.48,000/- towards consortium to appellants (1 to 3), who are the 4 children of first wife of deceased & appellant No.4 – mother of the deceased and respondent No. 4 -Shayampati & respondent No.5 – Rishant Singh Porte being the second wife and son of the deceased respectively (in all 06 claimants), along with Rs.18,000/- towards loss of estate and Rs.18,000/- towards funeral expenses, but looking to the facts and circumstances of the case, the amount of consortium not found proper and needs to be enhanced suitably in the interest of justice. 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. 7000x12 = 84,000/- Rs. 9960x12 = 1,19,520/- 2. Future prospect (+)25% (i.e. Rs. 21,000) = 1,05,000/- (+)25% (i.e. Rs. 29,880) = 1,49,400/- 3. Deduction (-) 1/4 (i.e.26,250 ) = 78,750/- (-) 1/4 (i.e. 37,350) = 1,12,050/- 4. Multiplier (x) 14 = 11,02,500/- (x) 14 = 15,68,700/- 5 Towards Loss of consortium to all 06 claimants Rs. 48,000/- Rs. 48,000 x 6 = Rs.2,88,000/- 6. Towards Loss of Estate Rs.18,000/- Rs.18,000/- 7. Towards Rs.18,000/- Rs.18,000/- 1(2017) 16 SCC 680 2(2009) 6 SCC 121 3(2018) 18 SCC 130 5 funeral exepenses 9. Towards Medical Expenses Rs.2,25,543/- Rs.2,25,543/- Total Rs. 14,12,043/- Rs. 21,18,243/- 8. In view of the aforesaid analysis, the amount of compensation of Rs.14,12,043/- awarded by the Claims Tribunal is enhanced to Rs.21,18,243/-. Hence, after deducting the amount of Rs.14,12,043/-, the appellants are held entitled for an additional amount of Rs.7,06,200/-. 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 concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.08.07 10:54:23 +0530