1 CGHC010176662019 2026:CGHC:34420 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 990 of 2019 1 - Smt. Ramkuvar Sahu W/o Late Shri Teerathram Sahu Aged About 50 Years R/o Village - Piparkhar, Post And P.S. - Tahsil - Ambagarh Chowki, District Rajnandgaon Chhattisgarh. ---(Claimant), District : Rajnandgaon, Chhattisgarh ... Appellant(s) versus 1 - Kheman Lal Sahu S/o Late Shri Santuram Sahu Aged About 31 Years R/o Village - Suragi, P.S. - Lalbagh, Tahsil And District Rajnandgaon Chhattisgarh. ---Driver, District : Rajnandgaon, Chhattisgarh 2 - Mahesh Yadav (Dead) Through His Legal Heir Maneesh Yadav, S/o Late Shri Mahesh Yadav, Aged About 37 Years, R/o Choukhadiya Para, Ward No. 35, Near Durga Mandir, Through Mahesh Travels, Choukhadiya Para, P.S. Basantpur, Tahsil And District Rajnandgaon Chhattisgarh. ----Owner, District : Rajnandgaon, Chhattisgarh 3 - National Insurance Company Ltd. Through Its Branch Manager, Branch Office, Kamthi Line, Tahsil And District Rajnandgaon Chhattisgarh. ---Insurance Company, District : Rajnandgaon, Chhattisgarh 2 4 - Rajaram Sahu S/o Late Shri Teerath Ram Sahu Aged About 35 Years R/o Peprikhar, P.S. - Post - Tahsil - Ambagarh Chowki, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 5 - Bhojdas Sahu S/o Late Shri Teerath Ram Sahu Aged About 30 Years R/o Peprikhar, P.S. - Post - Tahsil - Ambagarh Chowki, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 6 - Mukesh Yadav S/o Late Shri Mahesh Yadav R/o Ambagarh Chowki, P.S. - Tahsil - Ambagarh Chowki, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 7 - Smt. Tarabai Yadav Aged About 67 Years R/o Choukhadiya Para, Tahsil And District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 8 - Smt. Mrinali Yadav W/o Sumit Yadav Aged About 42 Years R/o Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 9 - Smt. Sapna Yadav W/o Feroj Aged About 40 Years R/o Nehru Nagar, Durg District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Yogesh Chandra Pandey, Advocate For Respondent No. 3 : Ms. Pooja Yadav on behalf of Mr. Shivendu Pandeya, Advocate 3 SB – Hon’ble Shri Justice Sanjay K. Agrawal Judgment on Board 06/08/2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement of amount of compensation, challenging the impugned award dated 08/03/2019 passed by learned 2nd Additional Motor Accident Claims Tribunal, Rajnandgaon in Claim Case No. 22/15 whereby learned Claims Tribunal has awarded a total sum of Rs. 2,59,000/- as compensation to the appellant/claimant for the death of her husband Tirath Ram Sahu. 2. Learned counsel for the appellant/claimant would submit that the Claims Tribunal has only erred in assessing the income of the deceased as Rs. 4,500/- per month whereas it should be Rs. 5,167/- per month as per the minimum wage notification prevailing at the time of the accident, therefore, the amount of compensation may suitably be enhanced. He would further submit that learned Claims Tribunal has exonerated respondent No. 3 (Insurance Company) from the liability of payment of compensation holding that the Driver of the offending vehicle did not have valid and effective driving license and therefore, in light of the decision rendered by the Supreme Court in the matter of 4 National Insurance Co. Ltd. v. Swaran Singh and Others 1 , the principle of pay and recover be applied in the instant case. 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the amount of compensation awarded by the Claims Tribunal is just and proper and does not warrant any interference by this Court. 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. Having heard learned counsel for the parties and having gone through the record, it appears that the Claims Tribunal has assessed the income of the deceased as Rs. 4,500/- per month whereas it should be Rs. 5,167/- per month as per the minimum wage notification. 6. Thus, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 4,500/- x 12 = Rs. 54,000/- Rs. 5,167/- x 12 = Rs. 62,004/- 2. Deduction towards personal expense (-) ½ = Rs. 27,000/- (-) ½ = Rs. 31,002/- 3. Multiplier (x) 7 = Rs. 1,89,000/- (x) 7 = Rs. 2,17,014/- 4. Loss of Estate Rs. 15,000/- Rs. 15,000/- 1 (2004) 3 SCC 297 5 5. Funeral Expenses Rs. 15,000/- Rs. 15,000/- 6. Loss of Consortium Rs. 40,000/- Rs. 40,000/- Total Rs. 2,59,000/- Rs. 2,87,000/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 2,59,000/- awarded by the Claims Tribunal is enhanced to Rs. 2,87,000/-. Hence, the appellant is held entitled for an additional amount of Rs. 28,000/-. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal i.e. 30/01/2015 till its realization. In view of the decision rendered by the Supreme Court in the matter of Swaran Singh (supra), the principle of pay and recovery is applied and it is hereby directed that the respondent No. 3/Insurance Company shall firstly pay the compensation to the appellant/claimant and thereafter, recover it from the owner and driver of the vehicle. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet