1 CGHC010172782024 2026:CGHC:41278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1043 of 2024 1 - Sunita Sahu W/o Shivkumar Sahu Aged About 40 Years R/o Ward No. 06, Tarpangi, Thana Nandghat, Tahsil Nandghat, Dist. Bemetara (C.G.) 2 - Shivkumar Sahu S/o Siaram Sahu Aged About 43 Years R/o Ward No. 06, Tarpangi, Thana Nandghat, Tahsil Nandghat, Dist. Bemetara (C.G.) ... Appellants versus 1 - Taran Nishad S/o Tijau Nishad Aged About 19 Years R/o Ward No. 06, Village Ghoghrali, Thana Chandanu, Tahsil Navagarh, Dist. Bemetara (C.G.) (Driver Of Motor Cycle No. Cg 25 K 9630) 2 - Ajay Kumar Dhruw S/o Arjun Dhruw Aged About 20 Years R/o Ward No. 06, Village Ghoghrali, Thana Chandanu, Tahsil Navagarh, Dist. Bemetara (C.G.) (Owner Of Motor Cycle No. Cg 25 K 9630) 3 - Tata A.I.G. General Insurance Co. Ltd. Through Its Branch Manager, Office 4rth Floor, Gwalani Chambers, Office No. 08, Near I.C.I.C. Bank, Vyapar Vihar, Bilaspur, Thana Tarbahar, Dist. Bilaspur (C.G.) (Insurer Of Motor Cycle No. Cg 25 K 9630) --- Respondent(s) For Appellants : Mr. Ujjawal Choubey, Advocate For Respondent No.2 : Mr. Arvind Prasad, Advocate For Respondents No.1&3 : None 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (22.09.2026) 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 04.04.2024, passed in Claim Case No.1227/2023 by learned 1st Additional Motor Accident Claims Tribunal, Bilaspur (CG), whereby the learned Claims Tribunal has awarded a total sum of Rs.23,35,640/- (wrongly calculated Rs.23,05,940 in the impugned award) as compensation for the death of Ajay Sahu who was aged about 22 years and died in a road accident which took place on 06.03.2023 and also passed an order of pay and recover. 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.2 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 3 their rival submissions made herein-above and went through the records with utmost circumspection. 5. In the case at hand, it is true that the learned Tribunal has taken the monthly income of the deceased to be Rs.14,700/- as per his salary slip (Ex.P-9) which is just and proper and requires no interference. However, in other conventional heads the Tribunal has granted only Rs.1,13,000 which ought to be 1,32,000/-, to that extent the impugned award needs to be modified. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of 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, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Income Rs. 14700/- Rs. 14700/- 2. Future prospect (+)40% (i.e. Rs. 5,880) = 20,580/- monthly, Rs. 2,46,960/- per annum (+)40% (i.e. Rs. 5,880) = 20,580/- monthly, Rs. 2,46,960/- per annum 3. Deduction (-) 1/2 (i.e. 123480) = 1,23,480/- (-) 1/2 (i.e. 123480) = 1,23,480/- 4. Multiplier (x) 18 = 22,22,640/- (x) 18 = 22,22,640/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 5 Other conventional heads Rs. 1,13,000/- Rs. 1,32,000/- (18000+18000+960 00) Total Rs. 23,35,640/- (Rs.23,05,940 wrongly calculated by the Tribunal) Rs. 23,54,640/- 7. In view of the aforesaid analysis, the amount of compensation is enhanced to Rs.23,54,640/-. The appellants/Claimants are held entitled to get total amount of Rs. 23,54,640/-. 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 -Shubham