1 CGHC010062542020 2026:CGHC:36922 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 440 of 2020 1 - Smt. Ishwari Bai W/o Bhakta Ram Aged About 38 Years R/o Village Tumrikasa, Police Station And Tahsil Manpur, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh 2 - Dhaneshwar Lal S/o Bhakta Ram Aged About 17 Years (Now 19 Years) R/o Village Tumrikasa, Police Station And Tahsil Manpur, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh 3 - Harishchand S/o Bhakta Ram Aged About 15 Years R/o Village Tumrikasa, Police Station And Tahsil Manpur, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh 4 - Firtu Ram S/o Man Singh Aged About 65 Years R/o Village Tumrikasa, Police Station And Tahsil Manpur, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh 5 - Upasin Bai W/o Firtu Ram Aged About 65 Years R/o Village Tumrikasa, Police Station And Tahsil Manpur, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh 6 - Smt. Dhaneshwari D/o Bhakta Ram Aged About 21 Years R/o Village 2 Hathra, Police Station Khadgaon District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ... Appellant(s) versus 1 - Irsad Ansari S/o Jahid Aalam Aged About 28 Years R/o Rawatpara, Jagdalpur District Jagdalpur Chhattisgarh Driver Of Offending Vehicle Truck No. Cg-04-J-0306, District : Bastar(Jagdalpur), Chhattisgarh 2 - Leelawati Devi R/o N.C.C.Transport Nagar, Bhilai District Durg Chhattisgarh Owner Of Offending Vehicle Truck No. Cg-04-J-0306, District : Durg, Chhattisgarh 3 - Branch Manager National Insurance Co. Ltd. Branch Office Kamthi Line, Rajnandgaon Tahsil And District Rajnandgaon Chhattisgarh Insurer Of Offending Vehicle Truck No. Cg-04-J-0306, District : Rajnandgaon, Chhattisgarh ... Respondent(s) For Appellant(s) : Mr. Utkarsh Patel on behalf of Mr. Pushpendra Kumar Patel, Advocate For Respondent No. 3 : Mr. Anil Gulati, Advocate SB – Hon’ble Shri Justice Sanjay K. Agrawal Judgment on Board 18/08/2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/claimants seeking 3 enhancement of compensation challenging the impugned award dated 17/07/2017 passed by learned Motor Accident Claims Tribunal, Rajnandgaon in MACT No. 142/2015 whereby compensation of Rs. 12,37,500/- has been awarded in favour of the appellants/claimants for the death of Bhakta Ram and the liability of payment of compensation has been fastened upon the Insurance Company. 2. Cross-objection under Order 41 Rule 22 of CPC r/w Rule 242(3) of the Motor Vehicle Rules, 1994 has also been filed by the respondent No. 3/Insurance Company seeking reduction of compensation amount. 3. Learned counsel for the appellants/claimants would submit that the Claims Tribunal ought to have granted 25% towards future prospect and it has only granted Rs. 2,00,000/- for loss of consortium whereas it ought to have granted Rs. 48,000/- x 6 = Rs. 2,88,000/-, therefore, the amount of compensation may suitably be enhanced. 4. Learned counsel for respondent No. 3 would submit that the Claims Tribunal has erred in assessing the monthly income of the deceased as Rs. 7,500/- whereas it should be Rs. 6,000/- as per the minimum wage notification prevailing at the time of the accident, therefore, the amount of compensation awarded by the Claims Tribunal is liable to be reduced. 4 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 6. After hearing learned counsel for the parties on the appeal as well as cross-objection, this Court is computing the compensation as mentioned below :- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 7,500/- x 12 = Rs. 90,000/- Rs. 6,000/- x 12 = Rs. 72,000/- 2. Future Prospect NIL (+) 25% i.e. Rs. 18,000/- = Rs. 90,000/- 2. Deduction towards personal expense (-) 1/4 = Rs. 67,500/- (-) 1/4 = Rs. 67,500/- 3. Multiplier (x) 15 = Rs. 10,15,500/- (x) 15 = Rs. 10,15,500/- 4. Loss of Estate NIL Rs. 18,000/- 5. Funeral Expenses Rs. 25,000/- Rs. 18,000/- 6. Loss of Consortium Rs. 2,00,000/- Rs. 2,88,000/- Total Rs. 12,37,500/- Rs. 13,26,500/- 7. Thus, the amount of compensation of Rs. 12,37,500/- awarded by the Claims Tribunal is enhanced to Rs. 13,26,500/-. Hence, the appellants are held entitled for an additional amount of 5 Rs. 99,000/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 23/07/2015 till its realization. The rest of the conditions of the impugned award shall remain intact. 8. Accordingly, the impugned award is modified and the appeal as well as cross-objection, both are disposed of. Sd/- (Sanjay K. Agrawal) JUDGE Harneet