1 CGHC010302982023 2026:CGHC:35703 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1596 of 2023 1 - Santosh Dhiwar @ Tarak S/o Harilal Dhiwar, Aged About 51 Years R/o Ward No. 11, Bazar Chowk, Village Bhalera, Thana Aarang District Raipur Chhattisgarh. 2. - Smt. Devki Dhiwar, W/o Santosh Dhiwar @ Tarak, aged 40 years, R/o Ward No. 11, Bazar Chowk, Village Bhalera, Thana Aarang District Raipur Chhattisgarh. ... Appellant (s) versus 1 - Paras Ram Yadav S/o Ganpat Yadav, Aged About 28 Years R/o Village Farfaud Thana Aarang District Raipur Chhattisgarh. Driver (Vehicle No. C.G. 04 Ea 0155) 2 - Omprakash Sahu, S/o Late Perdesi Ram Sahu Aged About 32 Years R/o Near Crasher, Kushalpur, Thana Puranibasti, District Raipur Chhattisgarh. Chhattisgarh Registered Owner. 3 - The New India Insurance Company Ltd, Through Incharge Officer, Second Floor, Mandal Office 03, Rda Building Bajrang Market, G.E. Road, Raipur District Raipur Chhattisgarh (Insurance Compony Vehicle No. C.G. 04ea 0155) ... Respondent(s) Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.08.18 11:13:00 +0530 2 For Appellants/Claimants : Ms. Shruti Shrivastava, Advocate on behalf of Mr. Sanjay Agrawal, Advocate. For Respondent Nos. 1&2 : None. For respondents No.3 : Mr. Samir Singh, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (12.08.2026) 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 18.04.2023, passed in Motor Accident Claim Case No.847/2022, whereby the learned Claims Tribunal has awarded a total sum of Rs.13,00,360/- as compensation for the death of Late Lokeshwar Tarak, aged about 25 years, who died in a road accident which took place on 29.08.2022. 2. Learned counsel for the appellants submitted that the learned Claims Tribunal has committed error of law in assessing the monthly income of the deceased. The deceased at the relevant time was working as Driver and was earning Rs.5,00/- per day and Rs.15,000/- per month, however, the learned Tribunal only assessed the monthly income of the deceased to be Rs.7,800/- in view of Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled 3 labour, which is not justified. He further submits that under the conventional heads also the learned Claims Tribunal has awarded meager compensation, which needs to be enhanced suitably. 3. Learned counsel for respondent No.3/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. In the present case, the appellants/claimants pleaded before the Claims Tribunal that deceased, Lokeshwar Tarak (unmarried) was driver by profession and earning Rs.500/- per day and Rs.15,000/- per month. However, no documentary evidence was adduced to substantiate this claim. The learned Tribunal has indeed taken the monthly income of the deceased to be Rs.7,800/- for unskilled labourer on the date of accident. Considering the deceased as unskilled labourer, it would be proper to take his monthly income of Rs.9,960/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for skilled labour. Therefore, to that extent the impugned award needs to be modified. 6. The learned claims Tribunal has awarded an amount of 4 Rs.16,500/- towards loss of estate, Rs.16,500/- towards funeral expenses and Rs.44,000/- - 44,000/- towards filial consortium (total Rs.1,21,000/-), which in the facts and circumstances of the case, is found to be justified and needs no interference. 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. 7800 x 12 = 93,600/- Rs. 9960x12 = 1,19,520/- 2. Future prospect (+)40% (i.e. Rs. 37,440/-) = 1,31,040/- (+)40% (i.e. Rs. 47,808/-) = 1,67,328/- 3. Deduction (-) 1/2 (i.e. 65,520/-) = 65,520/- (-) 1/2 (i.e. 83,664/-) = 83,664/- 4. Multiplier (x) 18 = 11,79,360/- (x) 18 = 15,05,952/- 5 Towards Loss of filial consortium to all 02 claimants Rs. 88,000/- Rs. 44,000 x 2 = Rs.88,000/- 1(2017) 16 SCC 680 2(2009) 6 SCC 121 3(2018) 18 SCC 130 5 6. Towards Loss of Estate Rs.16,500/- Rs.16,500/- 7. Towards funeral exepenses Rs.16,500/- Rs.16,500/- Total Rs. 13,00,360/- Rs. 16,26,952/- 8. In view of the aforesaid analysis, the amount of compensation of Rs.13,00,360/- awarded by the Claims Tribunal is enhanced to Rs.16,26,952/-. Hence, after deducting the amount of Rs.13,00,360/-, the appellants are held entitled for an additional amount of Rs.3,26,592/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of 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 pekde