1 CGHC010078272023 2026:CGHC:34833 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 370 of 2023 1 - Sumitra Bai Patre W/o Late Shri Bhagela Patre, Aged About 50 Years, Caste Satnami, R/o Village Shitalkunda, Police Station City Kotwali, Mungeli, District Mungeli Chhattisgarh 2 - Kulambar Patre, S/o Late Shri Bhagela Patre Aged About 26 Years Caste Satnami, R/o Village Shitalkunda, Police Station City Kotwali, Mungeli, District Mungeli Chhattisgarh 3 - Raju Patre, S/o Late Shri Bhagela Patre Aged About 24 Years Caste Satnami, R/o Village Shitalkunda, Police Station City Kotwali, Mungeli, District Mungeli Chhattisgarh 4 - Rakesh Patre, S/o Late Shri Bhagela Patre Aged About 22 Years Caste Satnami, R/o Village Shitalkunda, Police Station City Kotwali, Mungeli, District Mungeli Chhattisgarh ... Appellant(s) versus 1 - Satbir Yadav S/o Ram Yadav Aged About 22 Years R/o Village Dabo, Police Station Fasterpur, District Mungeli Chhattisgarh (Driver Of The Offending Vehicle Hero H.F. Deluxe Bearing Registration No. C.G. 28 L 1691) 2 - Dinesh Yadav S/o Ram Yadav Aged About 30 Years R/o Village Dabo, Police Station Fasterpur, District Mungeli Chhattisgarh (Owner Of The Offending Vehicle Hero H.F. Deluxe Bearing Registration No. C.G. 28 L 1691) Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.08.12 11:07:08 +0530 2 3 - National Insurance Company B-1, Taha Complex Ring Road, Priydarshini Nagar, Bilaspur, Tahsil And District Bilaspur Chhattisgarh (Insurer Of The Offending Vehicle Hero H.F. Deluxe Bearing Registration No. C.G. 28 L 1691) ... Respondent(s) For Appellants : Mr. S.P. Sahu, Advocate. For Respondent Nos. 1&2 : None For Respondent No.3 : Mr. G.V. Kutumba Rao, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (07.08.2026) 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 29.11.2022, passed in Claim Case No.27/2021, whereby the learned Claims Tribunal has awarded a total sum of Rs.6,08,200/- as compensation for the death of Late Bhagela Patre, who died in a road accident which took place on 12.05.2020. 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 had agricultural land having installed tube-well in it and earning Rs.5,00,000 to Rs.8,00,000/- per year, but the learned Claims Tribunal, in view of Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour, only accessed the monthly income of deceased to be Rs.6,500/-, which considering the date of incident is on lower side. He further submits that under the conventional heads also the learned Claims Tribunal has awarded meager compensation, which needs to be enhanced suitably. 3 3. None for respondent Nos. 1 and 2. 4. Mr. G.V. Kutumba Rao, learned counsel for respondent No.3 supported the impugned award. 5. I have heard learned counsel for the appellant and respondent No.3, perused the record of the Tribunal, including award impugned. 6. In the case at hand, the learned Tribunal has indeed taken the monthly income of the deceased to be Rs. 6,500/- for unskilled labourer on the date of accident. Considering that the deceased was 60 years of age at the time of accident and was unskilled labour, it would be proper to take his monthly income of Rs.8,8,60/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour. The deceased at the time of incident, was aged about 60 years and unskilled labour. Thus, an addition of 10% towards future prospects is warranted instead of 15% as has been taken by the learned Claims Tribunal. Furthermore, as the deceased was married and left behind 04 dependents (his wife, and three children), a 1/4th deduction towards personal and living expenses ought to have been taken but the learned Claims Tribunal deducted 1/3rd towards personal and living expenses, which in view of the law laid down by the Hon'ble Supreme Court in National Insurance Company Vs. Pranay Sethi (2017) 16 SCC 680, needs to be modified. Accordingly, an addition of 10% towards future prospect and thereafter 1/4th of the income of the deceased is deducted towards his personal and living expenses for the purpose of computation of compensation. Therefore, to that extent the impugned award needs to be modified. 7. The learned claims Tribunal has awarded an amount of Rs. 70,000/- under convention heads (Rs.40,000/- towards consortium, Rs.15,000/- towards loss of estate and Rs.15,000/- 4 towards funeral expenses) in favour of claimants, but looking to the facts and circumstances of the case, it is not found proper and needs to be enhanced suitably in the interest of justice. 8. 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. 6500x12 = 78,000/- Rs. 8860x12 = 1,06,320/- 2 Future prospect (+)15% (i.e. Rs. 11,700) = 89,700/- (+)10% (i.e. Rs. 10,632) = 1,16,952/- 3 Deduction (-) 1/3 (i.e. 29,900) = 59,800/- (-) 1/4 (i.e. 29,238/-) = 87,714/- 4 Multiplier (x) 9 = 5,38,200/- (x) 9 = 7,89,426/- 5 Towards Loss of consortium to all the 6 claimants Rs.40,000/- Rs. 44,000x4 = Rs. 1,76,000/- 6 Towards loss of estate Rs. 15,000/- Rs. 16,500/- 7 Towards funeral expenses Rs. 15,000/- Rs. 16,500/- Total Rs. 6,08,200/- Rs. 9,98,426/- 1(2017) 16 SCC 680 2(2009) 6 SCC 121 3(2018) 18 SCC 130 5 9. Thus, the total compensation is recomputed as Rs. Rs.9,98,426/-. After deducting Rs.6,08,200/- as awarded by the Tribunal, the enhancement would be Rs. 3,90,226/-. 10. In the result, the appeal is partly allowed. The claimants/appellants shall be entitled to get Rs. 3,90,226/- in addition to what is already awarded by the claims Tribunal. The enhanced amount shall carry interest @ 6% from the date of filing of the claim petition before the Tribunal till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 11. 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