1 CGHC010405232024 2026:CGHC:38717 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2196 of 2024 1 - Ishwari Sahu W/o Late Yogesh Sahu @ Ramuva, Aged About 41 Years R/o Village Janji, Police Station Sipat, Tahsil And District Bilaspur Chhattisgarh. 2 - Tomev Sahu S/o Late Yogesh Sahu @ Ramuva Aged About 16 Years Minor Through The Mother (Natural Guardian) Ishwari Sahu, R/o Village Janji, Police Station Sipat, Tahsil And District Bilaspur Chhattisgarh. 3 - Kumari Gitika Sahu D/o Late Yogesh Sahu @ Ramuva Aged About 12 Years Minor Through The Mother (Natural Guardian) Ishwari Sahu, R/o Village Janji, Police Station Sipat, Tahsil And District Bilaspur Chhattisgarh. 4 - Jugbati Sahu Wd/o Late Parasram Sahu Aged About 57 Years Minor Through The Mother (Natural Guardian) Ishwari Sahu, R/o Village Janji, Police Station Sipat, Tahsil And District Bilaspur Chhattisgarh. ... Appellant(s) versus 1 - Chandrashekhar Sonwani S/o Narendra Sonwani Aged About 20 Years R/o Village And Post - Chhapora, Ward No. 15, Police Station Vidhansabha Tahsil And District Raipur Chhattisgarh. (Driver And Owner Of The Vehicle Motor Cycle No. C. G. 04/NF/0927) 2 - H.D.F.C. ARGO General Insurance Company Limited Through Branch Manager, Branch Office 3rd Floor, Chawla Complex, Devendra 2 Nagar, Main Road, Raipur, Tahsil And District Raipur Chhattisgarh. (Insurer Of The Vehicle Motor Cycle No. C. G. 04/NF/0927) ... Respondent(s) For Appellant(s) : Mr. Anand Kesharwani, Advocate. For Respondent No.1 : Ms. Anshika Singh, Advocate on behalf of Mr. Pushkar Sinha, Advocate. For Respondent No.2 : Mr. Prashant Sahu, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (01.09.2026) 1. Heard on I.A.No.01/2024, an application under Section 5 of the Limitation Act. 2. There is delay of 102 days in filing the appeal. 3. This is claimants’ appeal for enhancement of the award amount. 4. Upon due consideration and for the reasons mentioned in the application, I.A.No.01/2024 is allowed and delay of 102 days in filing the appeal is hereby condoned. 5. Also heard on admission. 6. The appeal is admitted for hearing. 7. With the consent of learned counsel for the parties, the appeal is heard finally. 8. 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 10.05.2024, passed in Motor Accident Claim Case No.873/2022, 3 whereby the learned Claims Tribunal has awarded a total sum of Rs.16,62,500/- as compensation for the death of Late Yogesh Sahu, who died in a road accident which took place on 14.03.2022. 9. Learned counsel for the appellants submits that the learned Claims Tribunal has committed error of law in assessing the monthly income of the deceased. The deceased at the relevant time was running steel railing shop and was earning Rs.15,000/- per month, however, the learned Tribunal only assessed the monthly income of the deceased at Rs.10,000/- in view of Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour, which is not justified. He further submits that under the conventional heads also the learned Claims Tribunal has awarded meager compensation, which needs to be enhanced suitably in view of the judgment of the Hon’ble Supreme Court in National Insurance Company Ltd. v. Pranay Sethi & Ors., reported in (2017) 16 SCC 680. 10. Ms. Anshika Singh, learned counsel for respondent No.1 has duly assisted the Court. 11. Mr. Prashant Sahu, learned counsel for respondent No.2/Insurance Company supporting the impugned award submits that the learned Claims Tribunal has awarded just and proper compensation, which needs no interference by this Court. 12. I have heard learned counsel appearing for the parties & perused the record of the Tribunal, including award impugned. 13. In the present case, the appellants/claimants pleaded before the Claims Tribunal that the deceased,Yogesh Sahu, was running steel railing shop and earning Rs.15,000/- per month, however, no documentary evidence had been adduced by the claimants to 4 prove this fact and the statement of the employer has not been recorded in this regard. Thus, the learned Claims Tribunal has rightly assessed the monthly income of the deceased at Rs.10,000/- in view of Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour. 14. Upon perusal of the impugned award, it is evident that the learned claims Tribunal has awarded an amount of Rs.40,000/- to appellant No.1 towards spousal consortium, Rs.40,000/- to appellant Nos. 2 to 4 towards loss of love & affection, Rs.15,000/- towards loss of estate and Rs.25,000/- towards funeral expenses, but looking to the facts and circumstances of the case and the fact that the accident took place on 14.03.2022, it is not found proper and needs to be enhanced/modified suitably in terms of the principles laid down in Pranay Sethi (supra). 15. Thus, the compensation payable under the conventional heads is recomputed as under :- S.No. Heads Awarded by the Tribunal Awarded by this Court 01. Towards Loss of consortium to all the 4 claimants. Rs.80,000/- Rs. 44,000x4 = Rs.1,76,000/- 02 Towards loss of estate. Rs.15,000/- Rs.16,500/- 03 Towards funeral expenses. Rs.25,000/- Rs.16,500/- Total Rs. 1,20,000/- Rs. 2,09,000/- 16. Since, the learned Tribunal has already awarded Rs.1,20,000/- under the conventional heads, the appellants become entitled to an additional sum of Rs.89,000/- (Rs.2,09,000 – 1,20,000) under 5 the said head. 17. In the result, the appeal is partly allowed. The claimants/appellants shall be entitled to get Rs. 89,000/- in addition to what is already awarded by the claims Tribunal. The enhanced amount shall carry interest @ 6% from the date of filing of the claim petition before the Tribunal till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 18. The Registry is further directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. 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: 2026.09.07 11:11:53 +0530