1 CGHC010196542026 2026:CGHC:39221 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1224 of 2026 1 - Amrit Yadav S/o Late Tulsi Yadav Aged About 62 Years R/o Village Bhatko (Lagrupara) Police Station And Tehsil Batauli, District- Surguja Chhattisgarh 2 - Prabha Yadav W/o Amrit Yadav Aged About 59 Years R/o Village Bhatko (Lagrupara) Police Station And Tehsil Batauli, District- Surguja Chhattisgarh ... Appellant(s) versus 1 - Vinod Kumar S/o Sobhnath Aged About 36 Years R/o Devi Aahilya Bai Sonwani, Ward No.34, Chirmiri, Police Station Chirmiri District- Manendragarh - Chirmiri Bharatpur Chhattisgarh (Driver Of Truck Bearing No. C.G. 04-N. V.-4875 2 - Shamshad Aehmad S/o Amman Aged About 43 Years R/o Gelhapani Ward No. 09 Police Station Chirmiri District- Manendragarh - Chirmiri Bharatpur Chhattisgarh (Owner Of Truck Bearing No. C.G. 04-N. V.-4875 3 - United India Insurance Company Limited Through Its Divisional Manager Divisional Office Brahmroad Near Kumkum Hotel, Ambikapur, Police Station Ambikapur, District- Surguja Chhattisgarh (Insurer Of Truck Bearing No. C.G. 04-N. V.-4875 ... Respondent(s) For Appellants : Mr. Aditya Kumar Mishra, Advocate For Respondent No.3 : Ms. Swati Agrawal, Advocate BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.09.09 10:40:06 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (07.09.2026) 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 11.11.2025, passed by the Principal Motor Accident Claims Tribunal, Ambikapur (Surguja) (CG), in Motor Accident Claim Case No.76/2025, whereby the Claims Tribunal has awarded a total sum of Rs.14,91,920/- as compensation for the death of Deepak Yadav, who died in a road accident that took place on 01.02.2025. 2. Learned counsel appearing for the appellants/claimants submits that the Tribunal has committed a manifest error in assessing the monthly income of the deceased at Rs.9,100/-, which, according to him, is even lower than the minimum wages payable to an unskilled labourer at the relevant time. It is further contended that the amount awarded towards loss of consortium is also inadequate and requires suitable enhancement in accordance with the principle laid down by the Hon’ble Supreme Court. Hence, he prays that the instant appeal may kindly be allowed and the compensation awarded by the Tribunal be suitably enhanced in accordance with law. 3. On the other hand, learned counsel appearing for respondent No.3 Insurance Company opposes the submission made by the counsel for appellants and submits that in the facts and circumstances of case, the award passed by the Tribunal is just & proper and does not 3 require any enhancement. 4. I have heard learned counsel for the parties, considered their submissions made herein-above and went through the records with utmost circumspection. 5. Though it has been claimed by the claimants that the deceased was earning Rs.21,000/- per month from online home-delivery work, no documentary evidence in this regard has been brought on record. The accident occurred on 01.02.2025 and the minimum wages of even an unskilled labourer at that time was Rs.10,428/-. Accordingly, the monthly income of the deceased is reassessed at Rs.10,428/-, resulting in an annual income of Rs.1,25,136/-. 6. The deceased was unmarried, aged about 25 years and a non-salaried person. There are total two claimants who are the parents of the deceased. 7. Considering the date of the accident, the age of the deceased and the number of dependants, this Court finds that the addition towards future prospects, the deduction towards personal expenses and the multiplier applied by the Tribunal are just, proper and in accordance with law. Likewise, the amounts awarded towards funeral expenses and loss of estate do not call for any interference. However, the amount awarded by the Tribunal towards loss of consortium is inadequate and requires suitable enhancement in view of the principles laid down by the Hon’ble Supreme Court. 8. Thus, in light of the aforesaid discussion and the judgments of the Hon’ble Supreme Court in National 4 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, the compensation is recomputed as under:- Sl. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Income 9100x12 =1,09,200 10,428 x12 =1,25,136 2. Future prospects (+)40% (i.e.43,680) = 1,52,880 (+)40% (i.e.50054) = 1,75,190 3. Deduction (-) 1/2 =76,440 (-)1/2 = 87,595 4. Multiplier (x) 18 = 13,75,920 (x) 18 = 15,76,710 5. Funeral Expenses 18,000 18,000 6. Loss of Estate 18,000 18,000 7. Loss of consortium 80,000 (40,000 x 2) 96,000 (48,000 x 2) Total Rs. 14,91,920/- Rs. 17,08,710/- 9. In view of the aforesaid analysis, the compensation of Rs.14,91,920/- awarded by the Claims Tribunal is hereby enhanced to Rs.17,08,710/-. Consequently, after adjusting the amount of Rs.14,91,920/- already awarded, the appellants/claimants shall be entitled to an additional amount of Rs.2,16,790/-. The aforesaid additional/enhanced amount of compensation shall carry interest at the rate of 6% per annum from the date of filing of the claim petition before the Tribunal till its realization. The remaining terms and conditions of the impugned award shall remain unaltered. 10. In the result, the appeal is partly allowed and the 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 impugned award stands modified to the extent as indicated herein-above. 11. The Registry is directed to communicate the claimants in writing “the enhanced/additional 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 reside. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai