1 CGHC010101062026 2026:CGHC:39086 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 828 of 2026 1 - Tulsi Bai Khande Wd/o Late Sandeep Dhritlahre, Aged About 30 Years R/o Village Umriya Road, Bilha Police Station Bilha, District- Bilaspur (C.G.). 2 - Kumari Devika D/o Late Sandeep Dhritlahre Aged About 13 Years Minor Through The Mother (Natural Guardian ) Appellant No. 01, Smt. Tulsi Bai Khande R/o Village Umriya Road, Bilha Police Station Bilha, District- Bilaspur (C.G.). 3 - Satyaprakash S/o Late Sandeep Dhritlahre Aged About 12 Years Minor Through The Mother (Natural Guardian ) Appellant No. 01, Smt. Tulsi Bai Khande R/o Village Umriya Road, Bilha Police Station Bilha, District- Bilaspur (C.G.). 4 - Kumari Swara D/o Late Sandeep Dhritlahre Aged About 4 Years Minor Through The Mother (Natural Guardian ) Appellant No. 01, Smt. Tulsi Bai Khande R/o Village Umriya Road, Bilha Police Station Bilha, District- Bilaspur (C.G.). 5 - Kumari Sonakshi D/o Late Sandeep Dhritlahre Aged About 2 Years Minor Through The Mother (Natural Guardian ) Appellant No. 01, Smt. Tulsi Bai Khande R/o Village Umriya Road, Bilha Police Station Bilha, District- Bilaspur (C.G.). 6 - Kavilash Dhritlahre S/o Late Dukhiram Dhritlahre Aged About 50 Years R/o Village Umriya Road, Bilha Police Station Bilha, District- Bilaspur (C.G.) ... Appellants versus 1 - Ravishankar Varma S/o Chhediram Varma Aged About 30 Years R/o Village Nahna Police Office Jota, Police Station Pathriya, District- Mungeli (C.G.) (Driver And Owner Of The Vehicle No. C.G.- 28-E-4355 ). 2 – IFFCO Tokyo General Insurance Company Limited ,through Branch Manager, Branch Office Shop No. 205, 2nd Floor, M.M. Silver Bhawan, Ring Road No. 01, In Front Of Udyog Bhawan, Mahavir Nagar, Raipur, District- Raipur (C.G.) (Insurer of The Vehicle No. C.G.- 28-E-4355 ) ... Respondent For the appellants : Mr. Anand Kesharwani, Advocate For Respondent(s) : .Though served, no representation is made. Hon’ble Shri Justice Sanjay Kumar Jaiswal) ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.09.05 15:03:57 +0530 2 Order on Board 03.09.2026 1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed seeking enhancement of compensation, challenging the impugned award dated 17.09.2025 passed by the IX Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur Chhattisgarh in MACT No. 487/2020 whereby a total compensation of Rs.19,15,332/- has been awarded to the claimants. 2. As per the pleadings of the claim application filed under Section 166 of the MV Act, on 18.08.2020 deceased Sandeep met with a motor accident and died due to rash and negligent driving of respondent No.1. Appellant no.1 is widow, appellants 2 to 5 are children and appellant no.6 is father of deceased. Thus the appellants being legal heirs of deceased filed claim application u/s 166 of MVA seeking a total compensation of Rs. 41 lakhs on various heads. 3. Learned counsel for the appellants submits that claimants have pleaded that the deceased Sandeep was earning Rs. 13,500 per month by doing the job of Feeder under a contractor, but the learned Claims Tribunal had taken the lesser income of deceased as Rs.7555/- per month. The amounts granted under the conventional heads are also meagre, thereby, just compensation has not been awarded. He prays that the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 4. I have heard learned counsel for the appellants and have also perused the records. . 5. In absence of any documentary evidence and considering the prevalent market rates, it would be just and proper to take the monthly income to be Rs.8860/- treating him as unskilled labour as per the the Chhattisgarh Minimum Wages instead of Rs.7555/- as taken by the Tribunal and to that extent the impugned award needs to be slightly modified. Thus the annual income comes to 3 Rs.1,06,320/- (8860 x 12). Since the age of deceased was found to be 26 years and there are six dependents, following the principles laid down by Supreme Court, the Tribunal has rightly added 40% future prospectus, deducted 1/4th towards personal expenses and applied multiplier 17 which cannot be said to be unsustainable. Thus the total loss of dependency is worked out to Rs. 18,97,812/- . Under the other conventional heads, the Tribunal has granted Rs.2,64,000/- for loss of consortium for all the 6 dependents; 16,500/- for loss of estate and Rs.16,500/- for funeral expenses, which cannot be said to be on lower side. 6. Thus, in the light of the aforesaid discussion and in view of the decisions of the Supreme Court rendered in National Insurance Company Ltd. Versus Pranay Sethi (2017) 16 SCC 680; Sarla Verma Vs. Delhi Transport Corporation (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. Versus Nanu Ram @ Chuhru Ram (2018) 18 SCC 130 , this Court is computing the compensation as below : Sl.No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Total loss of dependency 16,18,332/- Income Rs.8860 X 12 = 1,06,320/- plus Future Prospectus-40% i.e., 42,528 = 1,48,848/- minus 1/4th deduction of personal expenses i.e., 37,212 = 1,11,636 x 17multiplier = 18,97,812/- 2. Loss of estate 16,500/- 16,500/- 3. Funeral expenses 16,500/- 16,500/- 4. Loss of consortium or loss of love and affection for 6 claimants (44000 x 6) 2,64,000/- 2,64,000/- Total Rs. 19,15,332/- 21,94,812/- 4 7. In view of the aforesaid analysis, the amount of compensation of Rs. 19,15,332/- awarded by the Claims Tribunal is enhanced to Rs.21,94,812/- Hence, after deducting the amount of Rs. 19,15,332/- the appellants are held entitled for an additional sum of Rs.2,79,480/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated hereinabove. Sd/- Sanjay Kumar Jaiswal Judge Rao