1 CGHC010104662023 2026:CGHC:40571 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 509 of 2023 1 - Smt. Ramfool Bai W/o Late Shri Shatruhan Singh Chauhan, Aged About 50 Years R/o Village Sarangpur, P.O. Bijatarai, Police Station Fasterpur, Tahsil And District Mungeli Chhattisgarh. 2 - Ku. Dukalheen D/o Late Shri Shatruhan Singh Chauhan Aged About 18 Years R/o Village Sarangpur, P.O. Bijatarai, Police Station Fasterpur, Tahsil And District Mungeli Chhattisgarh. 3 - Prabhu Singh S/o Late Shri Shatruhan Singh Chauhan, Aged About 24 Years R/o Village Sarangpur, P.O. Bijatarai, Police Station Fasterpur, Tahsil And District Mungeli Chhattisgarh. 4 - Sonu Singh S/o Late Shri Shatruhan Singh Chauhan, Aged About 26 Years R/o Village Sarangpur, P.O. Bijatarai, Police Station Fasterpur, Tahsil And District Mungeli Chhattisgarh. 5 - Moti Singh S/o Late Shri Shatruhan Singh Chauhan, Aged About 32 Years R/o Village Sarangpur, P.O. Bijatarai, Police Station Fasterpur, Tahsil And District Mungeli Chhattisgarh. 6 - Mus. Chaiti Bai W/o Late Shri Dayaram Chauhan, Aged About 75 Years R/o Village Sarangpur, P.O. Bijatarai, Police Station Fasterpur, Tahsil And District Mungeli Chhattisgarh. ... Appellant(s) versus BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.09.18 17:39:29 +0530 2 1 - Yashwant Kumar @ Bhakkad Kurmi S/o Nohar Kurmi, Aged About 28 Years R/o Village Pandotara, Police Station Fasterpur, Tahsil And District Mungeli Chhattisgarh. (Chhattisgarh) 2 - Gulshan S/o Shri Mahetaru Ram, Aged About 40 Years R/o Village Nardha, Durg, Police Station, Tahsil And District Durg Chhattisgarh. Pin No. 490024. (Owner Of The Offending Vehicle Motor Cycle Bearing Registration No. C.G. -07/AU4888). 3 - The United India Insurance Company, Through Branch Manager, Tara Complex, G.E. Road, Power Bhilai, District Durg Chhattisgarh. (Insurer Of The Offending Vehicle Motor Cycle Bearing Registration No. C.G. -07/AU4888). ... Respondent(s) For Appellants : Mr. Keshav Dewangan, Advocate For Respondent No.2 : Mr. Gourang Dubey, Advocate, on behalf of Mr. Anmol Sharma, Advocate For Respondent No.3 : Mr. R. N. Pusty, Advocate, with Mr. Akash Shrivastava, 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 23.11.2022 passed by the Motor Accident Claims Tribunal, Mungeli, District Mungeli (C.G.), in Claim Case No.02/2021, whereby the Claims Tribunal has awarded a total sum of 9,19,420/- in ₹ round figure 9,19,400/- as compensation for the death of ₹ Shatruhan Singh, who died in a road accident that took place on 20.06.2019. 2. Learned counsel appearing for the appellants/claimants submits that the Claims Tribunal has committed an error in assessing the monthly income of the deceased at 7,800/-, ₹ 3 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 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 No. 2 & 3 oppose the submissions made on behalf of the appellants and submits 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 and perused the record with due circumspection. 5. Though it was claimed by the claimants that, at the time of accident, the deceased was earning 15,000/- to 20,000/- ₹ ₹ per month by working as a mason, no documentary evidence has been adduced on record to substantiate the said claim. The accident occurred on 20.06.2019 and, at the relevant time, the minimum wages prescribed even for an unskilled labourer were 8,400/- per month. Accordingly, the monthly ₹ income of the deceased is reassessed at 8,400/-. ₹ 6. The deceased was a non-salaried person aged about 55 years at the time of accident. There are six 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 4 are just, proper and in accordance with law. However, the amounts awarded by the Claims Tribunal under the 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 7,800 × 12 = 93,600 8,400 × 12 = 1,00,800 2. Future prospects (+) 10% (i.e. 9,360) = ₹ 1,02,960/- (+) 10% (i.e. 10,080) = 1,10,880 3. Deduction towards personal expenses (-) 1/4th (i.e. 25,740) = 77,220 (-) 1/4th (i.e. 27,720) = 83,160 4. Multiplier (×) 11 = 8,49,420 (×) 11 = 9,14,760 5. Conventional heads 70,000 ₹ 2,70,000 (15,000 + 15,000 + 40,000 x 6) Total ₹9,19,420/- 11,84,760/- ₹ 9. In view of the aforesaid analysis, the amount of compensation of 9,19,420/- awarded by the Claims Tribunal is enhanced ₹ to ₹11,84,760/-. Thus, after deducting the amount of ₹9,19,420/- already awarded by the Claims Tribunal, the appellants/claimants are held entitled to an additional amount of 2,65,340/- ₹ . The additional amount of compensation shall carry interest at the rate of 6% per 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 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 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/- Sd/- (Sanjay Kumar Jaiswal) Judge Khatai