1 CGHC010183182023 2026:CGHC:40609 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 849 of 2023 1 - Smt. Monica Rai W/o Late Koushik Rai Aged About 28 Years R/o P.V. 68, Satyanagar, Thana And Tahsil Pakhanjore, Distt. Uttar Baster Kanker (C.G.) 2 - Ku. Riya Rai D/o Late Koushik Rai Aged About 8 Years Minor, Through Natural Guardian Mother Smt. Monica Rai, Aged About 28 Years, W/o Late Koushik Rai, R/o P.V. 68, Satyanagar, Thana And Tahsil Pakhanjore, Distt. Uttar Baster Kanker (C.G.) 3 - Abhi Rai S/o Late Koushik Rai Aged About 5 Years Minor, Through Natural Guardian Mother Smt. Monica Rai, Aged About 28 Years, W/o Late Koushik Rai, R/o P.V. 68, Satyanagar, Thana And Tahsil Pakhanjore, Distt. Uttar Baster Kanker (C.G.) 4 - Saraswati Rai W/o Late Khagen Rai Aged About 61 Years R/o P.V. 68, Satyanagar, Thana And Tahsil Pakhanjore, Distt. Uttar Baster Kanker (C.G.) 5 - Sushri Suparna Rai D/o Late Khagen Rai Aged About 38 Years R/o P.V. 68, Satyanagar, Thana And Tahsil Pakhanjore, Distt. Uttar Baster Kanker (C.G.) ... Appellant(s) versus 1 - Smt. Aparna Mandal W/o Kishore Mandal Aged About 35 Years R/o Chote Kapsi, Thana And Tahsil Pakhanjore, Distt. Uttar Baster Kanker (Owner) BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.09.18 17:39:30 +0530 2 2 - Abhijit Mandal S/o Manmath Mandal Aged About 30 Years R/o P.V. 68, Satyanagar, Thana And Tahsil Pakhanjore, Distt. Uttar Baster Kanker (C.G.) (Driver) 3 - United India Insurance Compnay Limited Through Its Branch Manager, Branch Office 1st Floor, Above Indian Bank Tikarapara, Chowk, Baster Road, Dhamtari Pin 793773. ... Respondent(s) For Appellants : Ms. Bhavika Kotecha, Advocate For Respondents No.1 & 2 Mr. K. K. Prajapati, Advocate For Respondent No.3 : Mr. B. N. Nande, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (17.09.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/claimants challenging the impugned award dated 27.03.2023 passed by the Additional Motor Accident Claims Tribunal, Bhanupratappur, District Uttar Bastar Kanker (C.G.), in Claim Case No.01/2022, whereby the Claims Tribunal has awarded a total sum of 10,82,500/- as compensation for ₹ the death of Koushik Rai, who died in a road accident that took place on 26.11.2021. 2. Learned counsel appearing for the appellants/claimants submits that the Claims Tribunal has committed a manifest error in assessing the monthly income of the deceased at ₹6,000/-, which, according to him, is even lower than the minimum wages payable to an unskilled labourer at the relevant time. It is further submitted that the compensation awarded under the conventional heads is also inadequate and deserves to be enhanced in accordance with the 3 principles laid down by the Hon’ble Supreme Court. It is, therefore, prayed that the instant appeal be allowed and the compensation awarded by the Claims Tribunal be suitably enhanced. 3. Per contra, learned counsel appearing for the respondents oppose the submissions made on behalf of the appellants and submit that, in the facts and circumstances of the case, the award passed by the Claims Tribunal is just and proper and does not call for any enhancement. 4. Heard learned counsel for the parties, considered their submissions made hereinabove and perused the record with due circumspection. 5. Though it was claimed by the claimants that, at the time of the accident, the deceased was earning 30,000/- per month ₹ from welding and agricultural work, no documentary evidence has been brought on record to substantiate the said claim. The accident occurred on 26.11.2021 and, at the relevant time, the minimum wages prescribed even for an unskilled labourer were 9,280/- per month. Accordingly, ₹ the monthly income of the deceased is reassessed at ₹9,280/-, which comes to an annual income of 1,11,360/-. ₹ 6. The deceased was a non-salaried person aged about 40 years at the time of the accident. There are five claimants in the present case. 7. Considering the date of accident, the age of the deceased and the number of dependants, this Court finds that the addition towards future prospects, deduction towards personal expenses and the multiplier applied by the Claims Tribunal are just, proper and in accordance with law. However, the amounts awarded by the Claims Tribunal under the 4 conventional heads are required to be suitably enhanced in view of the law 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 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 6000x12 =72,000 9,280 x 12 =1,11,360 2. Future prospects (+) 25% (i.e. 18,000) =90,000 (+) 25% (i.e. 27,840) =1,39,200 3. Deduction (-) 1/4 (i.e. 22,500) =67,500 (-)1/4 (i.e. 34,800) = 1,04,400 4. Multiplier (x) 15 = 10,12,500 (x) 15 = 15,66,000 5. Funeral Expenses 15,000 16,500 6. Loss of Estate 15,000 16,500 7. spousal/ parental/filial consortium 40,000 2,20,000 (44,000 x 5) Total Rs. 10,82,500/- Rs. 18,19,000/- 9. In view of the aforesaid analysis, the amount of compensation of 10,82,500/- awarded by the Claims Tribunal is enhanced ₹ to ₹18,19,000/-. Thus, after deducting the amount of ₹10,82,500/- already awarded by the Claims Tribunal, the appellants/claimants are held entitled to an additional amount of 7,36,500/- ₹ . The additional amount of compensation shall carry interest at the rate of 6% per annum from the date of filing of the claim petition before the 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 Claims 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 impugned award is modified to the extent indicated hereinabove. 11. The Registry is directed to communicate to the claimants, in writing, the enhanced/additional amount awarded in the present appeal over and above the amount awarded by the concerned Claims Tribunal. Such communication shall be made in Hindi (Devanagari) language, and the assistance of Para-Legal Volunteers may be availed in coordination with the Secretary, District Legal Services Authority of the concerned area where the claimants reside. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai