1 CGHC010302912022 2026:CGHC:38747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1046 of 2022 1 - Smt. Ambika Bai W/o Murli Pradhan Aged About 55 Years R/o Village Khajuri, Poat Navanagar, P.S. And Tahsil Darima, District : Surguja (Ambikapur), Chhattisgarh. ...Appellant versus 1 - Surendra Choudhary S/o Anrudhha Choudhary Aged About 47 Years Vehicle Driver, R/o Village Pachroli, P.S. Pachroli, District Shivan (Bihar), Presently Resident Of N.H 33, Baliguma, M.G.M. Mango, P.S. Baliguma, Jamshedpur, District : Jamshedpur, Jharkhand. 2 - Mantu Kumar Chourasiya S/o Mohan Bhagat Vehicle Owner, R/o Road Number -C, Adarsh Nagar, Bagun Nagar, Baridih, Jamshedpur, P.S. Jamshedpur, District : Jamshedpur, Jharkhand. 3 - Branch Manager The New India Insurance Company Limited, I.M.I. Building, Damodar Road Sakchi - Jamshedpur, District Jamshedpur (Jharkhand), Branch Office - Ambika Petrol Pump, Compus, Near Ambedkar Chowk, Banaras Road, Ambikapur (Insurance Company), District : Surguja (Ambikapur), Chhattisgarh. ... Respondents For Petitioner : Mr. C. Jayant K. Rao, Advocate For Respondent(s) : Mr. Deepak Gupta, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 01.09.2026 ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.09.08 10:33:10 +0530 2 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellant/claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 30.03.2022, passed in Claim Case No.113/2021 by Motor Accident Claims Tribunal, Sarguja (Ambikapur) Chhattisgarh, whereby the learned Claims Tribunal has awarded a total sum of Rs.7,90,320/- as compensation for the death of Pushpawati, who was unmarried and aged about 35 years and died in a road accident which took place on 21.03.2021. 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 at Rs.5,280/-, whereas the same ought to have been assessed at Rs.8,960/- in accordance with 3 the Chhattisgarh Minimum Wages Notification issued by the Office of the Labour Commissioner, Chhattisgarh. Furthermore, the Tribunal has also awarded a lesser amount of Rs.30,000/- under the conventional heads. However, while assessing the just and proper compensation, it is also required to be considered that the deceased was not in permanent or salaried employment. Therefore, the future prospects ought to have been assessed at 40% instead of 50%. Accordingly, the impugned award requires suitable modification. 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. 5280 x 12 = 63,360/- Rs. 8960 x 12 = 1,07,520/- 2. Future prospect (+)50% (i.e. Rs. 31,680) = 95,040/- (+)40% (i.e. Rs. 43,008) = 1,50,528/- 3. Deduction (-) 1/2 (i.e. 47,520) =47,520/- (-) 1/2 (i.e. 75,264) = 75,264/- 4. Multiplier (x) 16 = 7,60,320/- (x) 16 = 12,04,224/- 5 Other conventional heads Rs.30,000/- Rs.16500+16500+44 000 = 77,000/- Total Rs. 7,90,320/- Rs. 12,81,224/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 7. In view of the aforesaid analysis, the amount of compensation of Rs.7,90,320/- awarded by the Claims Tribunal is enhanced to Rs.12,81,224/-. Hence, after deducting the amount of Rs.7,90,320/-, the appellants are held entitled for an additional amount of Rs.4,90,904/-. 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