1 CGHC010080392022 2026:CGHC:38741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 344 of 2022 1 - Smt. Anisha Khatoon W/o Late Fahim Mohammed, Aged About 47 Years R/o Hazipur, Police Station Hazipur, District Vaishali (Bihar) 2 - Nikhat Parveen W/o Late Ali Imran @ Chand Babu, Aged About 24 Years R/o Hazipur, Police Station Hazipur, District Vaishali (Bihar) 3 - Ku. Sabana D/o Late Ali Imran @ Chand Babu, Aged About 4 Years Minor, Represented Through Mother Nikhat Parveen, R/o Hazipur, Police Station Hazipur, District Vaishali (Bihar) ... Appellant (s) versus 1 - Vijay Yadav S/o Lakhan Yadav Aged About 32 Years R/o Village Nakti Sarai, Police Station - Saten, District Vaishali (Bihar) At Present R/o Gariya, House No. 4, Police Station Gariya, District Vashali (Bihar) 4002144023 (Driver Of Vehicle Truck No. W.B.-23-D-6588) 2 - Asam Kerla Roadways Pvt. Lte., 27 Western State Fifth Floor, Room No. 503, Calcutta, District Calcutta (West Bengal) (Registered Owner Of Vehicle Truck No. W.B.-23-D-6588) 3 - The Branch Manager, Royal Sunderam General Insurance Company Limited, Third Floor, Raj Chamber, Below Overbridge, Mowa, Pandri Disrict Raipur Chhattisgarh. (Insurer Of Vehicle Truck No. W.B.-23-D- 6588) ... Respondent(s) For Appellant (s) : Ms. Prachi Singh, Advocate. For Respondent No.3 : Mr. Anupam Dubey, Advocate. 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (01.09.2026) 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 15.11.2021, passed in Claim Case No. H-74/2019, whereby the learned Claims Tribunal has awarded a total sum of Rs.6,44,800/- as compensation for the death of Late Irfan Ansari, who died in a road accident which took place on 20.04.2019. 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. She further submits that the deceased at the relevant time was working in Tegi Tyre Workshop, Patewa where he used to repair punctured tyres, which is evident from the evidence of Nabi Khan (AW-3), the owner of the shop, and the said owner used to give salary of Rs.12,000/- per month to the deceased, however, the learned Tribunal disbelieving the evidence of Nabi Khan (AW-3) only assessed the monthly income of the deceased at Rs.4,000/- in view of Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour, which is not justified. She also 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 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. 3 4. I have heard learned counsel for the appellant and respondent No.3, 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 the deceased Irfan Ansari was working in Tegi Tyre Workshop and used to repair punctured tyres and was earning Rs.12,000/- per month, but the learned Claims Tribunal assessed the monthly income of the deceased at Rs.4,000/- for unskilled labour in view of C.G. Minimum Wages Notification issued by the Office of Labour Commissioner, C.G. As regards the monthly income of the deceased, the claimants did not produce any credible evidence which could establish that the deceased at the time of accident was working in the shop of Nabi Khan (AW-3) and he used to give salary of Rs.12,000/- per month to the deceased. Considering that the accident took place on 20.04.2019 and the deceased who was unmarried, left behind 03 dependents, it would proper to take his monthly income of Rs.8,400/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour. Therefore, to that extent the impugned award needs to be modified. 6. The learned claims Tribunal, considering the nature of job of deceased (self employed) at the time of accident 20.04.2019, the fact that he was unmarried aged 22 years, and number of dependents (03), has rightly taken future prospect of 40% deducted 1/2th towards personal expenses and applied multiplier of 18 respectively. However, the amount of Rs.10,000/- awarded towards consortium only to claimant No.1, do not appear to be just and reasonable in the facts and circumstances of the case, which requires to be enhanced suitably. 7. Thus, in light of the aforesaid discussion and in light of the 4 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. 4000x12 = 48,000/- Rs. 8400x12 = 1,00,800/- 2. Future prospect (+) 40% (i.e. Rs. 19,200) = 67,200/- (+)40% (i.e. Rs.40,320) = 1,41,120/- 3. Deduction (-) 1/2 (i.e.33,600) = 33,600/- (-) 1/2 (i.e.70,560) = 70,560/- 4. Multiplier (x) 18 = 6,04,800/- (x) 18 = 12,70,080/- 5 Towards Loss of consortium to all 04 claimants. Rs. 10,000/- Rs. 40,000x3 = Rs. 1,20,000/- 6. Towards Loss of Estate Rs.15,000/- Rs.15,000/- 7. Towards funeral expenses Rs.15,000/- Rs.15,000/- Total Rs.6,44,800/- Rs.14,20,080/- 8. In view of the aforesaid analysis, the amount of compensation of Rs.6,44,800/- awarded by the Claims Tribunal is enhanced to Rs.14,20,080/-. Hence, after deducting the amount of Rs.6,44,800/-, the appellants are held entitled for an additional 1(2017) 16 SCC 680 2(2009) 6 SCC 121 3(2018) 18 SCC 130 5 amount of Rs.7,75,280/-. 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 Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.09.03 10:50:20 +0530