1 CGHC010115632021 2026:CGHC:38738 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 597 of 2021 1 - Lalita Bai W/o Late Ghasiram Aged About 40 Years Caste Patel, R/o Village Bokramuda, Police Station Baradwar, Tahsil Sakti, District Janjgir Champa Chhattisgarh ...........Claimant 2 - Hemant Kumar S/o Ghasiram Aged About 20 Years Caste Patel, R/o Village Bokramuda, Police Station Baradwar, Tahsil Sakti, District Janjgir Champa Chhattisgarh ...........Claimant 3 - Hema Kumari D/o Ghasiram Aged About 15 Years Appellant No. 03, Is Minor Through Guardian Mother Lalita Bai, Caste Patel, R/o Village Bokramuda, Police Station Baradwar, Tahsil Sakti, District Janjgir Champa Chhattisgarh ...........Claimant 4 - Hem Kumar S/o Ghasiram Aged About 13 Years Appellant No. 04, Is Minor Through Guardian Mother Lalita Bai, Caste Patel, R/o Village Bokramuda, Police Station Baradwar, Tahsil Sakti, District Janjgir Champa Chhattisgarh ...........Claimant 5 - Purain Bai W/o Late Gurbaru Ram Aged About 60 Years Caste Patel, R/o Village Bokramuda, Police Station Baradwar, Tahsil Sakti, District Janjgir Champa Chhattisgarh ...........Claimant .. Appellant versus SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.09.03 11:13:14 +0530 2 1 - Gajju Kumar Sahu S/o Ramkumar R/o Village Sarkho, Choki Naila, District Janjgir Champa Chhattisgarh ...........Driver 2 - Suresh Kumar Rathore, S/o Kapilnath Rathore, aged about 40 Years, R/o Village Birgahani, Champa, District Janjgir Champa Chhattisgarh ...........Owner 2A - Prakash Rathore S/o Late Suresh Kumar Rathore Aged About 28 Years R/o Village Birgahani, Champa, District Janjgir Champa Chhattisgarh 3 - Branch Manager National Insurance Company Limited, 13 Minu Complex, Kosabari Korba District Korba Chhattisgarh ...........Insurance Company --- Respondent(s) For Appellants : Mr. Deepak Kumar Singh, Advocate For Respondents No.1, 2 & 2A : None For Respondents No.3 : Mr. P K Tulsyan, Advocate 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 25.01.2019, passed in Claim Case No.35/2017 by learned Motor Accident Claims Tribunal, Sakti, District Janjgir- Champa (CG), whereby the learned Claims Tribunal has awarded a total sum of Rs.07,38,750/- as compensation for death of Ghasiram Patel who was aged about 44 years and died in a road accident which took place on 23.02.2017. 3 2. 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.4500/-, which ought to be Rs.6,206/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh. Furthermore, in other conventional heads the Tribunal has granted only Rs30,000/- which ought to be 2,30,000/-, 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 & 1 (2017) 16 SCC 680 4 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. 4500 x 12 = 54,000/- Rs. 6206 x 12 = 74,472/- 2. Future prospect -------- (+)25% (i.e. Rs. 18,618) = 93,090/- 3. Deduction (-) 1/4 (i.e. 13500) = 40,500/- (-) 1/4 (i.e. 23272) = 69,818/- 4. Future prospect (+)25% (i.e. Rs. 10,125) = 50,625/- -------- 4. Multiplier (x) 14 = 7,08,750/- (x) 14 = 9,77,452/- 5 Other conventional heads Rs. 30,000/- Rs. 2,30,000/- (15000+15000+200 000) Total Rs. 7,38,750/- Rs. 12,07,452/- 7. In view of the aforesaid analysis, the compensation of Rs. 7,38,750/- awarded by the Claims Tribunal is enhanced to Rs. 12,07,452/-. Hence, after deducting the amount of Rs. 7,38,750/-, the appellants are held entitled to an additional amount of Rs. 4,68,702/-. 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. Appellant No. 2 - Hemant 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 Kumar/claimant is also entitled to get Rs. 40,000/- out of the amount as awarded above. The 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 -Shubham