1 CGHC010016262025 2026:CGHC:36978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 143 of 2025 1 - Rambai W/o Late Rampal, Aged About 45 Years, R/o Village- Barol, Police Station- Surajpur, Tahsil- Ramanujnagar, District- Surajpur (C.G.). 2 - Sampurnand S/o Late Rampal, Aged About 14 Years, R/o Village- Barol, Police Station- Surajpur, Tahsil- Ramanujnagar, District- Surajpur (C.G.) (The Appellant Being The Minor Represented Through Legal Guardian Mohter Appellant No. 1). 3 - Rambai W/o Ramrati, Aged About 50 Years, R/o Village- Pachira, Police Station And Tahsil- Surajpur District- Surajpur (C.G.). 4 - Ramrati S/o Arjun Ram (Wrongly Mentioned D/o), Aged About 57 Years, R/o Village- Pachira, Police Station And Tahsil- Surajpur District- Surajpur (C.G.). ... Appellants versus 1 - Branch Manager Iffco Tokiyo General Insurance Company Limited, Bilaspur S.B.U., First Floor Galaxy Height, Near I.C.I.C.I. Bank Bilaspur District- Bilaspur (C.G.) (Insurance Company). 2 - Premlal Ravi S/o Ramaram Ravi, Aged About 31 Years, R/o Village- Tilsiwan, Police Station And Tahsil- Surajpur, District- Surajpur (C.G.) (Driver). 3 - Ravi Shankar Ravi S/o Late Somar Sai, Aged About 22 Years, R/o Village- Tilsiwan, Police Station And Tahsil- Surajpur, District- Surajpur (C.G.) (Owner). ... Respondent(s) For Appellants : Mr. Gyan Prakash Shukla, Advocate For Respondents No.1to 3 : None. ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.08.22 12:37:47 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (18.08.2026) 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 05.11.2024, passed in Claim Case No. 08/2024, whereby the learned Claims Tribunal has awarded a total sum of Rs.11,47,017/- as compensation for the death of Baleshwar, who died in a road accident which took place on 21.09.2023. 2. Learned counsel for the appellant submits that the learned Claims Tribunal has erred in awarding lesser compensation in the facts and circumstances of the case. He further submits that the learned Claims Tribunal wrongly assessed the income of the deceased at Rs. 7,000/- per month, whereas it ought to have been taken at Rs. 9,960/- per month in accordance with the Chhattisgarh Minimum Wages Notification issued by the Office of the Labour Commissioner, Chhattisgarh. He next submits that the learned Claims Tribunal has also awarded lesser amounts under the conventional heads. It is, therefore, prayed that the instant appeal be allowed and the compensation awarded by the learned Claims Tribunal be suitably enhanced. 3. None appears on behalf of the respondents during final hearing of this case. 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. The learned Claims Tribunal assessed the monthly income of the deceased at Rs. 7,000/-. However, in the opinion of this Court, in view of the Chhattisgarh Minimum Wages Notification issued by the Office of the Labour Commissioner, Chhattisgarh, the monthly income of the deceased ought to have been 3 assessed at Rs. 9,960/-, being the minimum wages prescribed for the relevant period. Further, considering that the deceased was 19 years of age at the time of the accident and was unmarried, and that there were two claimants, namely, i.e. the mother and brother of the deceased, while the maternal uncle and aunt were not considered as dependents, the learned Claims Tribunal added 40% towards future prospects to the income of the deceased, deducted 1/2 towards his personal and living expenses, and applied a multiplier of 18. The aforesaid computation is found to be just and proper. The learned Claims Tribunal has awarded Rs.18,000/- under the head of loss of estate, Rs.18,000/- towards funeral expenses, and Rs.52,617/- towards medical expenses, which are found to be just and proper. However, no compensation has been awarded towards loss of consortium. In the opinion of this Court, considering that the deceased was unmarried, it would be just and proper to award Rs.48,000/- each to the two claimants towards loss of consortium, amounting to Rs.96,000/- in total. 6. 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. 7,000 x 12 = 84,000/- Rs. 9,960 x 12 = 1,19,520/- 2. Future (+)40% (i.e. Rs. (+)40% (i.e. Rs. 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 prospect 33,600) = 1,17,600/- 47,808) = 1,67,328/- 3. Deduction (-) 1/2 (i.e. 58,800) = 58,800/- (-) 1/2 (i.e. 83,664) = 83,664/- 4. Multiplier (x) 18 = 10,58,400/- (x) 18 = 15,05,952/- 5. Medical expenses Rs.52,617/- Rs.52,617/- 6. Other conventional heads Rs. 36,000/- (18,000+18,000) Rs. 1,32,000/- (18,000+18,000+96,0 00) Total Rs. 11,47,017/- Rs. 16,90,569/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.11,47,017/- awarded by the Claims Tribunal is enhanced to Rs.16,90,569/-. Hence, after deducting the amount of Rs.11,47,017/-, the appellants No. 1 and 2 are held entitled for an additional amount of Rs.5,43,552/-. The additional amount of compensation shall carry interest @ 6% per annum from filing of the claim application before the Claims Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 9. 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/- Sd/- (Sanjay Kumar Jaiswal) Judge Arpan