1 CGHC010189782023 2026:CGHC:39180 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1046 of 2023 1 - Premlal Poyam S/o Lt. Piluram Poyam Aged About 40 Years R/o Khutapara, Village Sonabal, Post Sonabal, District Kondagaon, Chhattisgarh. 2 - Ramshila Poyam W/o Premlal Poyam Aged About 32 Years R/o Khutapara, Village Sonabal, Post Sonabal, District Kondagaon, Chhattisgarh. … Appellants versus 1 - Akhtar Sai S/o Buchai Sai Aged About 26 Years R/o Durga Nagar, Birgaon, P.S. Urla, Post Birgaon, Raipur, District Raipur, Chhattisgarh. ....................(Driver) 2 - Surendra Singh S/o Gurucharan Singh Aged About 64 Years R/o Surendra Niwas, Santrabadi, Durg, Tehsil And District Durg, Chhattisgarh. ...............(Owner) 3 - The Oriental Insurance Company Limited Through Branch Manager, Branch Office, Hotel Laxman Avenue, Murtiline, District Jagdalpur, Chhattisgarh. .........(Insurance Com.) Policy Certificate No. 192500/31/2021/8802 Validity Dt. From 28-12-2020 Till 27-12-2021 ... Respondent(s) For Appellants : Mr. H.A.P.S. Bhatia, Advocate For Respondent No.3. : Mr. Anupam Dubey, Advocate ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 07.09.2026 1. Heard on I.A. No.01/2023 – an application for condonation of delay in filing the Miscellaneous Appeal. 2. Upon due consideration and for the reasons assigned in the application, the same is allowed and delay of 57 days in filing the appeal is hereby condoned. 3. Heard on admission. 4. Admit. 5. Original Record is available. 6. With the consent of the parties, the matter is heard finally. 7. 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 16.12.2022, passed in Claim Case No.300/2021 by learned Motor Accident Claims Tribunal, Bastar at Jagdalpur C.G., whereby the learned Claims Tribunal has awarded a total sum of Rs.15,40,352/- as compensation for the death of Vikas Poyam aged about 16 years, who died in a road accident which took place on 16.08.2021. 8. Learned counsel for the appellants would submit that the learned 3 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. 9. 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. 10. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 11. In the case at hand, date of accident was 16.08.2021 and the deceased was aged about 16 year, therefore, the learned Tribunal has taken the monthly income of the deceased to be Rs.9460/-, which has rightly been assessed as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh by the learned Tribunal. Furthermore, in other conventional heads the Tribunal has granted only Rs.1,10,000 which ought to be 1,21,000/-, to that extent the impugned award needs to be modified. 4 12. 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 Total Loss of Dependency Rs.14,30,352/- Rs.14,30,352/- 2. Funeral Expenses Rs.15,000/- Rs,16,500/- 3. Loss of Estate Rs.15,000/- Rs,16,500/- 4. Loss of Consortium Rs.80,000/- (40,000/- x 2) Rs.88,000/- (44,000/- x 2) Total Rs. 15,40,352/- Rs. 15,51,352/- 13. In view of the aforesaid analysis, the amount of compensation of Rs.15,40,352/- awarded by the Claims Tribunal is enhanced to Rs.15,51,352/-. Hence, after deducting the amount of Rs.15,40,352/-, the appellants are held entitled for an additional amount of Rs.11,000/-. 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. 14. In the result, the appeal is partly allowed and the impugned 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 award is modified to the extent as indicated herein-above. 15. 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 Saxena