1 CGHC010359642022 2026:CGHC:37229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1306 of 2022 1 - Smt. Rukhmani Sahu Wd/o Late Moradhwaj Sahu Aged About 34 Years R/o Village- Lakhna, Serara, District- Raipur, Chhattisgarh 2 - Ghanshyam Sahu S/o Late Moradhwaj Sahu Aged About 13 Years Minor, And Presented Through Their Mother, Smt. Rukhmani Sahu. R/o Village- Lakhna, Serara, District- Raipur, Chhattisgarh 3 - Shesh Kumar Sahu S/o Late Moradhwaj Sahu Aged About 12 Years Minor, And Presented Through Their Mother, Smt. Rukhmani Sahu. R/o Village- Lakhna, Serara, District- Raipur, Chhattisgarh 4 - Smt. Son Kuwar Sahu W/o Shri Shiv Kumar Sahu Aged About 55 Years R/o Village- Lakhna, Serara, District- Raipur, Chhattisgarh 5 - Shiv Kumar Sahu S/o Late Thanwar Sahu Aged About 58 Years R/o Village- Lakhna, Serara, District- Raipur, Chhattisgarh ... Appellants versus 1 - Likeshwar Sahu S/o Dushyant Sahu Aged About 32 Years R/o Village And Post- Bhilai, Police Station- Arang, District- Raipur, Chhattisgarh, At Present- R/o Kanha Niwash, Gali No. 15, Sector-3, Professor Colony, Raipur, District- Raipur, Chhattisgarh (Driver And Owner Of The Offending Vehicle Ultro Car No. C.G./04/b/9570) 2 - The New India Insurance Co. Ltd. Through Divisional Office, SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.08.21 10:54:17 +0530 2 Manager, R.D.A. Building, Near Bajrang Hotel, G.E. Road, Raipur, District- Raipur, Chhattisgarh (Insurer Of The Offending Vehicle Ultro Car No. C.G./04/b/9570) --- Respondent(s) For Appellants : Mr. Pushpendra Kumar Patel, Advocate For Respondent No.2 : Mr. Hanuman Prasad Agrawal, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment 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 11.05.2022, passed in Claim Case No.405/2020 by learned Tribunal 11th Additional Motor Accident Claims Tribunal, Raipur (CG), whereby the learned Claims Tribunal has awarded a total sum of Rs.21,74,810/- as compensation for the death of Mordhwaj Sahu who was aged about 37 years and died in a road accident which took place on 15.05.2020. 2. Learned counsel for the appellant submits that the learned Claims Tribunal has erred in awarding a lesser amount of compensation in the facts and circumstances of the case. The deceased was working as a welder under a contractor and was earning Rs. 15,000/- per month, but the Claims Tribunal has assessed the income of the deceased on the lower side. The amount awarded under other conventional 3 heads is also on the lower side, which needs to be enhanced. Therefore, it is prayed that the instant appeal be allowed and the compensation awarded by the Claims Tribunal be suitably enhanced. 3. Learned counsel for respondent No.2/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. The learned Claims Tribunal has considered the evidence adduced by the claimants. The claimants examined AW-3, Dayanand Sharma, who stated that the deceased was working as a welder and was being paid Rs. 15,000/- per month. However, in cross-examination he admitted that there was no written contract between the deceased and the owner of the factory. The Tribunal further observed that the attendance register, salary register, PAN card, etc. produced by the claimants were not found to be reliable in view of the contradictions in the evidence of NAW-1, Ashu Singh, and the documents filed by the Insurance Company. In view of the lack of cogent documentary proof of income, the learned Tribunal has rightly not accepted the claimed income of Rs. 15,000/- per month. The Tribunal has instead assessed the income of the deceased at Rs. 10,290/- per month by taking into consideration the minimum wages notification issued by the Labour Commissioner, Chhattisgarh, for skilled workers under the 4 Minimum Wages Act, 1948, which was applicable at the time of the accident dated 15.05.2020. The said finding on this point is correct and calls for no interference. 6. It is true that the learned Tribunal has awarded only Rs. 2,30,000/- under other conventional heads, whereas the same ought to be Rs. 2,53,000/-. To that extent, the impugned award deserves 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. 10290 x 12 = 1,23,480/- Rs. 10290 x 12 = 1,23,480/- 2 Deduction (-) 1/4 (i.e. 30870) = 92,610/- (-) 1/4 (i.e. 30870) = 92,610/- 3 Multiplier (x) 15 = 13,89,150/- (x) 15 = 13,89,150/- 4 Future prospect (+)40% (i.e. Rs. 5,55,660) = 19,44,810/- (+)40% (i.e. Rs. 5,55,660) = 19,44,810/- 5 Other conventional heads Rs. 2,30,000/- Rs. 2,53,000/- (16500+16500+144 000) 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 Total Rs. 21,74,810/- Rs. 21,97,810/- 8. In view of the aforesaid analysis, the amount of compensation of Rs.21,74,810/- awarded by the Claims Tribunal is enhanced to Rs.21,97,810/-. Hence, after deducting the amount of Rs.21,74,810/-, the appellants are held entitled for an additional amount of Rs.23,000/-. 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. 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 -Shubham