1 CGHC010048702025 2026:CGHC:34447 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 376 of 2025 1. Amarjeet Poya S/o Sadar Singh Aged About 44 Years Caste - Gond, R/o Village- Shivnandanpur, P.S. Bishrampur, Tehsil And District- Surajpur (C.G.) (Father Of The Deceased) 2. Phuleshwari Poya W/o Amarjit Poya Aged About 35 Years Caste- Gond, R/o Village- Shivnandanpur, P.S. Bishrampur, Tehsil And District- Surajpur (C.G.) (Mother Of The Deceased) 3. Aditya Poya S/o Amarjit Singh Aged About 18 Years Caste- Gond, R/o Village- Shivnandanpur, P.S. Bishrampur, Tehsil And District- Surajpur (C.G.) (Brother Of The Deceased) (Claimants) ... Appellants versus 1. The Branch Manager Chola Mandalam M.S. General Insurance Company Limited Branch Office 2nd Floor, Near Simran Tower, L.I.Opposite C Building, Pandri, Raipur (C.G.) (Insurance Co.) 2. Kanhaiya Lal S/o Janakdhari Aged About 22 Years R/o Village- Banji, Post Adhnapur, P.S Jhagrakhand, District- Korea (C.G.) (Driver) BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.08.07 10:49:30 +0530 2 3. Sumit Kumar Singh S/o Satyanarayan Singh Aged About 22 Years R/o Government Office, Chota Bazar, Chirmiri, P.S. Chirmiri, District- M.C.B. (C.G.) (Vehicle Owner) ... Respondent(s) For Appellants : Mr. Pavas Sharma, Advocate For Respondent No.1 : Mr. Sangeet Ku. Kushwaha, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (06.08.2026) 1. Heard on I.A. No.01/2025, an application seeking condonation of delay in filing the appeal. 2. The present appeal has been preferred by the claimants seeking enhancement of the compensation awarded by the Claims Tribunal. 3. Upon due consideration, I.A. No.01/2025 is allowed and the delay of 38 days in filing the appeal stands condoned. 4. Also heard on admission. 5. The appeal is admitted. 6. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellants/claimants challenging the impugned award dated 24.09.2024, passed by 2nd Additional Motor Accident Claims Tribunal, Surajpur, District Surajpur (CG), in Motor Accident Claim Case No.53/2023, whereby learned Claims Tribunal has awarded a total sum of Rs.10,88,400/- as compensation for the death of Tej Pratap Poya, who died in a road accident that took place on 17.01.2022. 7. Learned counsel appearing for the appellants/claimants 3 submits that the Tribunal has committed a manifest error in assessing the monthly income of the deceased at Rs.7,000/-, which, according to him, is even lower than the minimum wages payable to an unskilled labourer at the relevant time. It is further submitted that the compensation awarded under the conventional heads is also inadequate and deserves to be enhanced in accordance with the principles laid down by the Hon'ble Supreme Court. Therefore, the instant appeal may be allowed and the compensation awarded by the Claims Tribunal suitably be enhanced. 8. On the other hand, learned counsel appearing for respondent No.1 opposes the submission made by the counsel for appellants and submits that in the facts and circumstances of case, the award passed by the Tribunal is just & proper and does not require any enhancement. 9. I have heard learned counsel for the parties, considered their submissions made herein-above and went through the records with utmost circumspection. 10. Though it was claimed by the claimants that at the time of accident the deceased was earning Rs.20,000/- per month by imparting private tuition, no documentary evidence in this regard has been brought on record to substantiate the said claim. The accident occurred on 17.01.2022 and the minimum wages of even an unskilled labourer at that time was Rs.9280/-. Accordingly, the monthly income of the deceased is reassessed at Rs.9,280/-, resulting in an annual income of Rs.1,11,360/-. 11. The deceased was an unmarried, non-salaried person aged about 19 years at the time of the accident. There are three claimants i.e. the parents and brother of the deceased. 4 12. Considering the date of incident, the age of the deceased and the number of dependants, this Court finds that the addition towards future prospects, the deduction towards personal expenses and the multiplier applied by the Tribunal are just, proper and in accordance with law. However, the Tribunal has not awarded any amount under filial consortium. Accordingly, the appellants are held entitled to consortium of Rs.44,000 each. The amount awarded under the heads of loss of estate and funeral expenses is also enhanced to Rs.16,500/- each. 13. Thus, in light of the aforesaid discussion and the judgments of the Hon’ble Supreme Court in 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, the compensation is recomputed as under:- Sl. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Income 7000x12 =84,000 9280 x 12 =111360 2. Future prospects (+)40% (i.e.33600) = 117600 (+)40% (i.e. 44544) = 155904 3. Deduction (-) 1/2 =58,800 (-)1/2 = 77952 4. Multiplier (x) 18 = 10,58,400 (x) 18 = 14,03,136 5. Other conventional heads 30,000/- Rs. 1,65,000 [16,500 + 16,500 + 132,000 (44,000 x 3)] Total Rs. 10,88,400/- Rs. 15,68,136/- 14. In view of the aforesaid analysis, the amount of compensation of Rs.10,88,400/- awarded by the Claims Tribunal is enhanced to 15,68,136/-. Hence, after deducting the amount 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 of Rs.10,88,400/-, the appellants/claimants are held entitled for an additional amount of Rs.4,79,736/-. The additional amount of compensation shall carry interest @ 6% per annum from the filing of claim petition before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 15. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 16. 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 reside. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai