1 2026:CGHC:12049 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1462 of 2023 1 - Smt. Rohni Singh Wd/o Late Santosh Singh Aged About 23 Years Residing At Village- Dubchhola, P.O. Sonamani, P.S. And Tehsil Khadgawa, District- Koreya (C.G.) 2 - Ku. Ruhi Singh D/o Late Santosh Singh Aged About 3 Years Through Her Legal Guardian Appellant No. 1 Smt. Rohni Singh (Mother) Residing At Village- Dubchhola, P.O. Sonamani, P.S. And Tehsil Khadgawa, District- Koreya (C.G.) 3 - Shivshankar Singh S/o Devsay Aged About 65 Years Residing At Village- Dubchhola, P.O. Sonamani, P.S. and Tehsil Khadgawa, District- Koreya (C.G.) ... Appellants versus 1 - Kishan Lal S/o Rambhajan Aged About 30 Years R/o Village- Dodhaki, P.S.- Kelhari, Tehsil- Manendragarh, District- Koreya (C.G.) (Driver) 2 - Indrachand Sahu S/o- Manishankar Sahu Aged About 42 Years R/o Ghutra, P.S. And Tehsil- Manendragarh, District- Koreya (C.G.) (Owner) 3 - United India Insurance Company Limited Branch Office, Ambikapur, District- Surguja (C.G.) (Insurance Company) ... Respondent(s) For Appellants : Ms. Divyanshi Chakraborty, Advocate holding the brief of Mr H.A.P.S. Bhatia, Advocate For Respondents No.1 & 2 : Mr. Arvind Prasad, Advocate Digitally signed by NADIM MOHLE 2 For Respondent No.3 : Mr. Pravesh Sahu, Advocate on behalf of Mr. P. R. Patankar, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 13/03/2026 1. The appellants/claimants have filed this appeal for enhancement of compensation against the award dated 29.04.2023 passed by the learned II nd Additional Motor Accident Claims Tribunal, Manendragarh, District Korea, Chhattisgarh, in Claim Case No. 41/2019, whereby the learned Tribunal has granted compensation to the tune of 12,54,723/- ₹ with interest @ 6 % per annum on account of death of Santosh Sahu. 2. Brief facts of the case are that on 21.11.2018, the deceased Santosh Singh was returning to his home from Devadand. When he reached near house of the village Sarpanch, the offending tractor bearing registration number CG-16-E-1530, which was being driven rashly and negligently by its driver, dashed against the motorcycle of the deceased Santosh Singh. As a result, he sustained a fracture injury on his right knee. He was provided primary treatment at District Hospital, Baikunthpur from 21.11.2018 to 25.11.2018. Later, due to the seriousness of his condition, he was referred to Life Care Hospital, Bilaspur, where he remained admitted from 25.11.2018 to 13.12.2018, during which an operation was performed, thereafter, he was again admitted to the same hospital from 03.05.2019 to 17.05.2019, where 3 another operation was conducted. However, his condition did not improve. He was again admitted to the same hospital on 04.07.2019 and, during the course of treatment, he died on 11.07.2019. 3. The claimants filed a claim petition under Section 166 of the Motor Vehicles Act stating that the deceased Santosh Singh was about 30 years of age, was working as a mason and also a farmer, and was earning about ₹20,000 per month. The claimants claimed a compensation of 49,12,000/-. The driver, owner, and the insurance ₹ company filed their replies and denied the averments made in the claim petition. The insurance company stated that the owner of the offending tractor did not provide the documents required under the Motor Vehicles Act. The learned Tribunal framed issues, parties led evidence, recorded evidence, and thereafter passed the impugned award. 4. Learned counsel appearing for the appellants would submit that on 21.11.2018, the motorcycle of Santosh Singh was dashed by the offending tractor and, during the course of treatment, he died. She further would further submit that the learned Tribunal assessed the income of the deceased at 4,500 per month, which is on the lower ₹ side. She would contend that the learned Tribunal failed to grant compensation for loss of consortium to one of the claimants, who is father of the deceased; thus, she would pray that the compensation may be enhanced accordingly. 4 5. On the other hand, learned counsel appearing for the respondents would oppose the submissions made by the counsel for the appellants and submit that the learned Tribunal has granted just and proper compensation. 6. I have heard learned counsel for the parties and perused the record. 7. Admittedly, age of the deceased was 30 years at the time of accident. The learned Tribunal, in absence of proof of income, assessed the income of the deceased at 4,500 per month, which appears to be on ₹ the lower side. In absence of proof of income, the learned Tribunal ought to have applied the minimum wage matrix. The minimum wage admissible at the relevant time was 8,140 per month, which was ₹ payable to an unskilled labourer in the month of November, 2018. Further, the learned Tribunal has not granted compensation for loss of consortium to the father of the deceased, therefore, the compensation awarded by the learned Tribunal requires reconsideration and same is revisited as under:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs.4,500 x 12 = 54,000/- Rs.8,140 x 12 = Rs.97,680/- 2. Multiplier (x 17) Rs. 9,18,000/- X17= Rs. 16,60,560/- 3. Future Prospect (40 %) Rs. 12,85,200/- 40% = Rs. 23,24,784/- 4. Deduction (1/3) Rs. 8,56,800/- Rs.15,49,856/- 5 5. Loss of Estate Rs.15,000/- Rs.15,000/- 6. Funeral expenses Rs.15,000/- Rs.15,000/- 7. Loss of Consortium (for appellants No.1 & 2) Rs.40,000 + 40,000 = 80,000 Rs.80,000/- + 48,000 = 1,28,000/- 8. Medical Bills Rs.2,87,923/- Rs. 2,87,923/- Total Rs.12,54,723/- Rs.19,95,779/- Final Compensation Rs. 19,95,779- Rs.12,54,723 = Rs.7,41,056/- In view of the above calculation, the claimants shall be entitled to an additional sum of Rs.7,41,056/-. The insurance company is directed to pay the enhanced compensation Rs.7,41,056/- with interest @ 6% per annum to the appellants/claimants within a period of 60 days. Rest of the terms and conditions of the award shall remain intact. Accordingly, the appeal filed by the claimants is allowed in part to the extent indicated hereinabove. Sd/- Rakesh Mohan Pandey Judge Nadim