1 CGHC010276572023 2026:CGHC:41616 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1557 of 2023 1 - Smt. Mantory W/o Late Gopiram Sahu Aged About 38 Years Permanent R/o Village And Post- Birkoni, P.S.- Mahasamund, District- Mahasamund (C.G.) At Present R/o Village- Kurud, P.S.- Aarang, District- Raipur (C.G.) (Applicants) 2 - Kumari Kiran, D/o. Late Gopiram Sahu, Aged About 17 Years Permanent R/o Village And Post- Birkoni, P.S.- Mahasamund, District- Mahasamund (C.G.) At Present R/o Village- Kurud, P.S.- Aarang, District- Raipur (C.G.) 3 - Tejram, S/o. Late Gopiram Sahu, Aged About 18 Years Permanent R/o Village And Post- Birkoni, P.S.- Mahasamund, District- Mahasamund (C.G.) At Present R/o Village- Kurud, P.S.- Aarang, District- Raipur (C.G.) 4 - Naresh Kumar Sahu, S/o. Late Gopiram Sahu, Aged About 12 Years Permanent R/o Village And Post- Birkoni, P.S.- Mahasamund, District- Mahasamund (C.G.) At Present R/o Village- Kurud, P.S.- Aarang, District- Raipur (C.G.) ... Appellants versus 1 - Vijay Sao S/o Late Nageshwer Sao, Through- Soumya Carrier E. 2299 Ground Floor, Palam Vihar, Gudgaon Hariyana (Driver Of Trailer Bearing No. N.L.- 01- Q- 4107) 2 - Soumya Carrier, Through - In- Charge Officer, Soumya Carrier E. 2299 Ground Floor, Palam Vihar, Gudgoan Hariyana. (Owner Of Tailier Bearing No. N.L. – 01-Q-4107) 3 - The New India Insurance Coroporation Limited, Through - Divisional Manager (Division No. 2), The New India Insurance Digitally signed by HEERA LAL SAHU Date: 2026.09.25 11:54:20 +0530 2 Corporation Limited, Behind Life Insurance Corporation Office Pandari Raipur, P.S. - Pandari, District - Raipur, Chhattisgarh. (Insurer Of Tailier Bearing No. N.L. – 01-Q-4107) 4 - Bhuwanlal Sahu, (Deleted) As Per Hon'ble Court Order Dated 25- 04-2026 5 - Smt. Mankunwar Sahu, (Deleted ) As Per Hon'ble Court Order Dated 25-04-2026 ... Respondent(s) For Appellants/Claimants : Mr. Satyendra Srivas, Adv. on behalf of Mr. Rakesh Kumar Thakur, Adv. For Respondents No. 1 : None. For Respondent No. 2 : Mr. Rustam Sahu, Advocate. For Respondent No. 3 : Mr. Mohd. Azad Siddiqui, Adv. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (24.09.2026) 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 12.05.2023, passed in Claim Case No.486/2020, whereby the learned Claims Tribunal has awarded a total sum of Rs.19,03,500/- as compensation for the death of Late Gopiram Sahu (39 years old), who died in a road accident which took place on 31.07.2020. 2. Learned counsel for the appellants would submit that the learned Claims Tribunal has erred in awarding a lesser amount of compensation in the facts of the case. The Claims Tribunal has assessed the income of the deceased as Rs.8,500/- per month, whereas the minimum wages were 8,860/- per month on the date of the accident i.e. 31.07.2020; therefore, the income of the deceased should be considered on the higher side. Hence, the instant appeal should be allowed, and the 3 compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for respondents supported the impugned award. 4. I have heard learned counsel for the parties and went through the records with utmost circumspection. 5. The Tribunal, vide the impugned award, assessed the monthly income of the deceased at Rs. 8,500/-, added 40% towards future prospects, made a deduction of 1/4th towards personal and living expenses considering the total number of 6 claimants/dependents, and applied a multiplier of 15 based on the age of the deceased (39 years), thereby computing the total loss of dependency at Rs. 16,06,500/-. In addition, the Tribunal awarded Rs. 44,000/- each to all 6 claimants under the head of loss of consortium, along with Rs. 16,500/- each towards funeral expenses and loss of estate, totaling Rs. 2,97,000/- under conventional heads, culminating in a total compensation of Rs. 19,03,500/-. 6. Learned counsel for the appellants confines his challenge solely to the income of the deceased. It is submitted that on the date of the accident, i.e., 31.07.2020, the minimum wages applicable at the relevant time were Rs. 8,860/- per month, and therefore, the compensation ought to be recalculated taking the monthly income as Rs. 8,860/-. It is fairly conceded that the future prospects, deduction, and multiplier applied by the Tribunal are just and proper. 7. Upon recalculating the compensation by taking the monthly income of the deceased as Rs. 8,860/- as of the date of the accident, the total loss of dependency comes to Rs. 16,74,540/-. 8. However, it is a matter of record that during the pendency of the present appeal, two of the original claimants, namely Shri Bhuwanlal Sahu and Smt. Mankunwar Sahu, have passed away. Consequently, the number of surviving claimants has reduced to 4. Therefore, the conventional heads are required to 4 be re-evaluated: Loss of Consortium (for 4 surviving claimants @ Rs. 44,000/- each): Rs. 1,76,000/-, Loss of Estate & Funeral Expenses @ Rs. 16,500/-, Total Rs. 33,000/-. Total under Conventional Heads: Rs. 2,09,000/- 9. Thus, the total revised compensation payable to the appellants by this Court comes to Rs. 18,83,540/- (Rs. 16,74,540/- towards loss of dependency + Rs. 2,09,000/- towards conventional heads). 10. On a comparative evaluation, it is evident that the total compensation awarded by the Tribunal is Rs. 19,03,500/-, whereas the reassessed total compensation computed by this Court comes to Rs. 18,83,540/-, which is lower than the amount already awarded by the Tribunal. 11. In view of the above calculation, since the compensation awarded by the Tribunal is already on the higher side and no case for enhancement is made out, the present appeal lacks merit. 12. Accordingly, the appeal filed by the appellants is hereby dismissed. 13. Records of the Tribunal along with a copy of this judgment/order, be sent forthwith for compliance, if any and information. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu