1 CGHC010446262024 2026:CGHC:38231 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2435 of 2024 1 - Smt. Indiya Bai W/o Shri Alakhram Aged About 49 Years R/o Village Tarrighat Khamhariya, Police Station Tahsil Patan, District Durg Chhattisgarh. 2 - Alakh Ram Sahu S/o Late Hirderam Sahu Aged About 54 Years R/o Village Tarrighat Khamhariya, Police Station Tahsil Patan, District Durg Chhattisgarh. 3 - Toman Kumar Sahu (Minor) S/o Late Faguwa Ram Sahu Aged About 17 Years Through Legal Guardian Grandmother Smt Indiya Bai R/o Village Tarrighat Khamhariya, Police Station Tahsil Patan, District Durg Chhattisgarh. 4 - Kirti Kumar (Minor) S/o Late Faguwa Ram Sahu Aged About 13 Years Through Legal Guardian Grandmother Smt Indiya Bai R/o Village Tarrighat Khamhariya, Police Station Tahsil Patan, District Durg Chhattisgarh ... Petitioners versus 1 - Budhram Khute S/o Shri Bhagchand Khute Aged About 30 Years R/o Village Niko Sankra, Police Station And Tahsil Dharsiwa, District Raipur Chhattisgarh Present Address Through Bhupesh Banjare, Resident Of Village Raveli, Satnami Para, Ward No. 14, Police Station Mujgahan, Tahsil ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.09.01 10:49:27 +0530 2 And District Raipur Chhattisgarh (Driver Of Offending Vehicle Car Bearing Registration No. C.G. Hc-5108). 2 - Bhupesh Banjare S/o Shri Rameshwar Banjare Aged About 23 Years Resident Of Village Raveli, Satnami Para, Ward No. 14, Police Station Mujgahan, Tahsil And District Raipur Chhattisgarh (Owner Of Offending Vehicle Car Bearing Registration No. C.G. Hc-5108). 3 - The United India Insurance Company Limited Second Floor, Krishna Complex Kachhari Chowk Raipur Tahsil And District Raipur Chhattisgarh (Insurer Of Offending Vehicle Car Bearing Registration No. C.G. Hc-5108) ... Respondents For Petitioners : Mr. S.P. Sahu, Advocate For Respondent No.1 and 2 : Ms. Dhaneshwari Patel, Advocate For Respondent No.3 : Mr. G.V. Kutumba Rao, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 25.08.2026 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 04.09.2024, passed in Claim Case No.506/2023 by leaned Second Additional Motor Accident Claims Tribunal, Raipur whereby the learned Claims Tribunal has awarded a total sum of Rs.14,42,400/- as compensation for the death of Faguwaram aged about 38 years, who died in a road accident which took place on 27.04.2023. 3 2. Learned counsel for the appellant would submit that the learned Claims Tribunal has erred in awarding lesser amount of compensation in the facts of the case. The Claims Tribunal has assessed the income of the deceased on the lower side and has also awarded lesser amount under other conventional heads, which needs to be enhanced. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 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 case at hand, true it is that the learned Tribunal has taken the monthly income of the deceased to be Rs.7800/-, which ought to be Rs.9960/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh. Furthermore, in other conventional heads the 4 Tribunal has granted only Rs.1,32,000 which ought to be 2,28,000/-, to that extent the impugned award needs to be modified. 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. 7800 x 12 = 93,600/- Rs. 9960 x 12 = 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 (-) 1/3 (i.e. 43,680) =87,360/- (-) 1/4 (i.e. 41,832) = 1,25,496/- 4. Multiplier (x) 15 = 13,10,400/- (x) 15 = 18,82,440/- 5 Other conventional heads Rs. 1,32,000/- Rs. 192,000/- (18000x2 + 48000 x 4) Total Rs. 14,42,400/- Rs. 21,10,440/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.14,42,400/- awarded by the Claims Tribunal is enhanced to 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 Rs.21,10,440/-. Hence, after deducting the amount of Rs.14,42,400/-, the appellants are held entitled for an additional amount of Rs.6,68,040/-. 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/- (Sanjay Kumar Jaiswal) Judge Arpan