1 CGHC010043082024 2026:CGHC:38716 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 345 of 2024 1 - Baban Bakhla S/o Late Theena Ram Aged About 45 Years Cast- Uraon Occupation - Agriculture R/o Village Basen, Post Jigadi, P.S. Pasta Tahsil Rajpur, District Balrampur-Ramanujganj (C.G.) (Claimant). 2 - Smt. Meena Bakhla W/o Baban Bakhla Aged About 40 Years Cast- Uraon Occupation - Agriculture R/o Village Basen, Post Jigadi, P.S. Pasta Tahsil Rajpur, District Balrampur-Ramanujganj (C.G.) (Claimant) ... Petitioners versus 1 - Bihari Kumar Yadav S/o Ganesh Yadav Aged About 27 Years Occupation - Driver R/o Village Dindag, Post Kavadi, P.S. Chhatarpur, District Palamu (Jharkhand) Driver Of Truck No. Cg04/ma/9539. (Driver). 2 - Kamta Prasad S/o Govind Prasad Aged About 41 Years Transporting Propritor Satyam Road Lines Block No.14, Parking No.9 T.P. Nagar, Rawabhata Raipur, District Raipur (C.G.) Present Address R/o Village Doulatpur Rahui District Nalanda (Bihar) Owner Of Truck No. Cg04/ma/9539. (Owner). 3 - Branch Manager, The New India Insurance Company Ltd. Raipur D.O. (3) Second Floor R.D.A. Building Bajrang Market G.E. Road Raipur District Raipur (C.G.) Through Branch Manager The New India Insurance Company Ltd. Branch Office Ambika Petrol Pump Campus Near Ambedkar Chowk Banaras Road Nagar Ambikapur District Surguja (C.G.) Insurer Of Truck No. Cg04/ma/9539. (Insurer). ... Respondents ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.09.08 11:11:59 +0530 2 For Petitioners : Mr. Poshan Kumar, Advocate appears on behalf of Mr. A.N. Pandey, Advocate. For Respondent No.1 and 2 : Ms. Parwati Suryawanshi, Advocate appears on behalf of Mr. Bhupendra Sinha, Advcoate. For Respondent No.3 : Mr. B.N. Nande, 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 12.05.2023, passed in Claim Case No.23/2020 by Motor Accident Claims Tribunal, Ramanujganj District- Balrampur- Ramanujganj (C.G.) whereby the learned Claims Tribunal has awarded a total sum of Rs.25,29,889/- as compensation for the death of Vimlesh who was 17 years of age and unmarried, and died in a road accident that occurred on 17.12.2019. 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 3 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 Rs.7800/-, which ought to have been Rs.8600/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh. Furthermore, in other conventional heads also, the Tribunal has granted lesser amount of Rs.40,000/- and, therefore, the impugned award needs to be modified. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Hon’ble Supreme Court rendered in the matters of National Insurance Company Ltd. v. Pranay Sethi1, Sarla Verma & Ors. v. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors3, this Court re-computes the compensation as below: Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Income Rs. 7800 x 12 = 93,600/- Rs. 8600 x 12 = 1,03,200/- 2. Future prospect (+)40% (i.e. Rs. 37440) = 1,31,040/- (+)40% (i.e. Rs. 41,280) = 1,44,480/- 3. Deduction (-) 1/2 (i.e. 65,520) =65,520/- (-) 1/2 (i.e. 72,240) = 72,240/- 4. Multiplier (x) 18 = (x) 18 = 13,00,320/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 11,79,360/- 5 Other conventional heads Rs.15,000x2 + 40,000=70,000/- Rs.15000x2 + 40,000x2= 1,10,000/- Total Rs. 12,49,360/- Rs. 14,10,320/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.12,49,360/- awarded by the Claims Tribunal is enhanced to Rs.14,10,320/-. Hence, after deducting the amount of Rs.12,49,360/-, the appellants are held entitled for an additional amount of Rs.1,60,960/-. 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. 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 Arpan