1 CGHC010418952024 2026:CGHC:37622 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2325 of 2024 1 - Smt. Sharda Netam W/o Late Ishwar Lal Netam Aged About 34 Years R/o Ward No. 16, Dr. Rajendra Prasad Ward Mahasamund Police Station Tahsil And District Mahasamund Chhattisgarh. 2 - Minor Tejeshwar Netam S/o Late Ishwar Lal Netam Aged About 6 Years Through Her Natural Guardian Mother Smt. Sharda Netam), R/o Ward No. 16, Dr. Rajendra Prasad Ward Mahasamund Police Station Tahsil And District Mahasamund Chhattisgarh. 3 - Minor Chetana Netam D/o Late Ishwar Lal Netam Aged About 3 Years Through Her Natural Guardian Mother Smt. Sharda Netam), R/o Ward No. 16, Dr. Rajendra Prasad Ward Mahasamund Police Station Tahsil And District Mahasamund Chhattisgarh. 4 - Minor Timpal Netam D/o Late Ishwar Lal Netam Aged About 3 Years Through Her Natural Guardian Mother Smt. Sharda Netam), R/o Ward No. 16, Dr. Rajendra Prasad Ward Mahasamund Police Station Tahsil And District Mahasamund Chhattisgarh. ... Appellant(s) versus 1 - Ramesh Kumar Dheemar S/o Rainu Ram Dheemar Aged About 37 Years R/o Village Rajpur, Police Station And Tahsil Nagari, District Dhamtari Chhattisgarh. (Driver And Owner Of Vehicle Motorcycle Passion No. CG 05 N 5046) 2 2 - Branch Manager Tata A.I.G. General Insurance Co. Ltd. Walford Ozone, 1st Floor, Office No. 106-7, Bilaspur Road, Near Fafadih Chauk Raipur Chhattisgarh. (Insurance Company Of Vehicle Motorcycle Passion No. Cg 05 N 5046) ... Respondent(s) For Appellants/Claimants : Mr. Kripesh G. Kela, Advocate. For Respondent No.1 : None For Respondent Nos. 2 : Mr. S. Gupta, Advocate appears on behalf of Mr. Sourabh Sharma, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (21.08.2026) 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 05.08.2024, passed in Motor Accident Claim Tribunal Case No. H- 55/2023, whereby the learned Claims Tribunal has awarded a total sum of Rs.21,57,750/- as compensation for the death of Late Ishwar Lal Netam, who died in a road accident which took place on 03.02.2023. 2. Learned counsel for the appellants submits 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 Mason who falls within the category of skilled labour, which is evident from his Identity Card (Ex.P/9-C) and earning Rs.12,000/- per month, however, the learned Tribunal only assessed the monthly income of the deceased at Rs.9,700/- in view of Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour, 3 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. None for respondent No.1. 4. Learned counsel for respondent No.2/insurance company supporting the impugned award submits that the learned Claims Tribunal, after appreciating oral and documentary evidence, has rightly passed the impugned awards, which does not call for any interference by this Court. 5. I have heard learned counsel for the appellant and respondent No.2, considered their rival submissions made herein-above and went through the records with utmost circumspection. 6. In the present case, the appellants/claimants pleaded before the Claims Tribunal that the deceased Ishwar Lal Netam was Manson who falls withing the category of skilled labour and earning Rs.12,000/- per month, but the learned Claims Tribunal assessed the monthly income of the deceased at Rs.9,700/- for unskilled labour in view of C.G. Minimum Wages Notification issued by the Office of Labour Commissioner, C.G. Considering that the claimants had filed Identity Card (Ex.P-9-C) of the deceased issued by Shri Shrungi Rishi Rajmistri Majdur Sangh Nagari, Zone No.6 and accident took place on 03.02.2023, it would proper to take his monthly income of Rs.11,390/- 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. 7. The learned claims Tribunal, considering the nature of job of deceased (self employed) at the time of accident 03.02.2023, the fact that he was married aged 36 years, and number of dependents (04), has rightly taken future prospect of 40% 4 deducted 1/4th towards personal expenses and applied multiplier of 15 respectively. However, the amounts awarded under the conventional heads, namely, Rs. 15,000/- towards loss of estate, Rs. 15,000/- towards funeral expenses, and Rs. 1,60,000/- towards loss of consortium (Rs.40,000/- x 4 claimants), do not appear to be just and reasonable in the facts and circumstances of the case, which requires to be enhanced suitably. 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. 9700x12 = 1,16,400/- Rs. 11390x12 = 1,36,680/- 2. Future prospect (+) 40% (i.e. Rs. 46,560) = 1,62,960/- (+)40% (i.e. Rs.54,672) = 1 ,91,352/- 3. Deduction (-) 1/4 (i.e.40,740) = 1,22,220/- (-) 1/4 (i.e.47,838) = 1,43,514/- 4. Multiplier (x) 15 = 18,33,300/- (x) 15 = 21,52,710/- 5 Towards Loss of consortium to all 04 claimants Rs. 1,60,000/- Rs. 48000x4 = Rs. 1,92,000/- 6. Towards Loss of Estate Rs.15,000/- Rs.18,000/- 1(2017) 16 SCC 680 2(2009) 6 SCC 121 3(2018) 18 SCC 130 5 7. Towards funeral expenses Rs.15,000/- Rs.18,000/- 8. Towards Medical Expenses Rs.1,34,450/- Rs.1,34,450/- Total Rs.21,57,750/- Rs.25,15,160/- 9. In view of the aforesaid analysis, the amount of compensation of Rs.21,57,750/- awarded by the Claims Tribunal is enhanced to Rs.25,15,160/-. Hence, after deducting the amount of Rs.21,57,750/-, the appellants are held entitled for an additional amount of Rs.3,57,410/-. 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. 10. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 11. 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 Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.08.25 18:37:19 +0530