1 CGHC010080492023 2026:CGHC:41430 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 447 of 2023 1 - Chitmati Khute W/o Late Gendram Khute Aged About 59 Years Occupation - House Wife, Caste Satnami, R/o Village Suloni, Tahsil And P.S. Sarangarh, District Raigarh (C.G.), (Now District - Sarangarh - Bilaigarh (C.G.)...(Claimant)..(Since Death) 2 - Ratan Khute S/o Late Gendram Khute Aged About 26 Years Occupation - Labour, Caste Satnami, R/o Village Suloni, Tahsil And P.S. Sarangarh, District Raigarh (C.G.), (Now District - Sarangarh - Bilaigarh (C.G.) ... Appellant(s) versus 1 - Minor Pyarelal Malhotra S/o Narayan Prasad Malhotra Aged About 15 Years Caste - Satnami (Through Natural Guardian Father) Narayan Prasad Malhotra Aged About 45 Years, R/o Village - Andola, Tehsil Sarangarh, District Raigarh (C.G.), (Now District - Sarangarh - Bilaigarh (C.G.)..(Non-Applicants) 2 - Dayaram Bharti S/o Chhediram Bharti Aged About 48 Years Caste Satnami R/o Village Andola, Tehsil Sarangarh, District Raigarh (C.G.), (Now District - Sarangarh - Bilaigarh (C.G.) ... Respondent(s) For Appellant(s) : Mr. Ravi Kumar, Advocate For Respondents : None BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.09.25 11:19:45 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (23.09.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 31.03.2022, passed by the Additional Motor Accident Claims Tribunal, Sarangarh, District Raigarh (CG), in Claim (MACT) Case No.15/2019, whereby the Claims Tribunal has awarded a total sum of Rs.8,29,372/- as compensation for the death of Gendram Khute, who died in a road accident that took place on 22.10.2018. 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.5,000/-, which, according to him, is even lower than the minimum wages payable to an unskilled labourer at the relevant time. 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. There is no representation on behalf of the respondents. 4. Heard learned counsel for the appellant and perused the records with utmost circumspection. 5. Though it has been claimed by the claimants that the deceased was earning Rs.9,000/- per month by working as a mason, no documentary evidence in this regard has been brought on record. The accident occurred on 22.10.2018 and the minimum wages of even an unskilled labourer at that time was Rs.8,140/-. Accordingly, the monthly income 3 of the deceased is reassessed at Rs.8,140/-. 6. On the date of accident, the deceased was aged about 59 years and a non-salaried person. There were total two claimants i.e. the wife & son 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, the multiplier applied and the amount granted under conventional heads by the Tribunal are just, proper and in accordance with law. 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 5,000x12 =60,000 8140 x12 =97,680 2. Future prospects (+)10% (i.e.6,000) = 66,000 (+)10% (i.e.9,768) = 1,07,448 3. Deduction (-) 1/3 (i.e. 22,000) = 44,000 (-)1/3 (i.e. 35,816) = 71,632 4. Multiplier (x) 9 = 3,96,000 (x) 9 = 6,44,688 5. Funeral Expenses 15,000 15,000 6. Loss of Estate 15,000 15,000 7. Loss of consortium 80,000 (40,000 x 2) 80,000 (40,000 x 2) 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 8. Medical expenses 3,23,372 3,23,372 Total Rs. 8,29,372/- Rs. 10,78,060/- 9. In view of the aforesaid analysis, the compensation of ₹8,29,372/- awarded by the Claims Tribunal is hereby enhanced to 10,78,060/ ₹ -. Consequently, after adjusting the amount of ₹8,29,372/- already awarded, the appellants/claimants shall be entitled to an additional/enhanced amount of 2,48,688/- ₹ . The aforesaid enhanced amount shall carry interest at the rate of 6% per annum from the date of filing of the claim petition before the Tribunal till its actual 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 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