1 CGHC010122772026 2026:CGHC:41727 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 889 of 2026 1 - Smt. Prabha Devi W/o Late Suresh Prashad Soni Aged About 46 Years R/o.- Village- Khadgwankala, (Majhapara), Police Station And Tehsil- Pratappur, District- Surajpur (C.G.) 2 - Prince Kumar Soni S/o Late Suresh Prashad Soni Aged About 24 Years R/o.- Village- Khadgwankala, (Majhapara), Police Station And Tehsil- Pratappur, District- Surajpur (C.G.) 3 - Ashish Kumar S/o Late Suresh Prashad Soni Aged About 20 Years R/o.- Village- Khadgwankala, (Majhapara), Police Station And Tehsil- Pratappur, District- Surajpur (C.G.) 4 - Smt. Phula Devi W/o Sahdev Soni Aged About 75 Years R/o.- Ward No.- 05, Village, Peshka Police Station, Meral, District- Gadhwa Jharkhand. 5 - Sahdev Soni S/o Late Saryu Soni Aged About 76 Years R/o.- Ward No.- 05, Village, Peshka Police Station, Meral, District- Gadhwa Jharkhand. ... Appellants versus 1 - Md. Arbaaj S/o Md. Riyaj Aged About 30 Years R/o Village- Thakkar, Police Station- Hanumantaal, Jabalpur District- Jabalpur, Madhya Pradesh. SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.09.26 10:48:15 +0530 2 2 - Md. Whabuddin S/o Gyasuddin Ansari Aged About 41 Years R/o.- 2028, Village- Thakkar, Ward (Behind Panchkuniya Kilkari Garden) Jabalpur District- Jabalpur, Madhya Pradesh 3 - The Oriental Insurance Company Limited Through It's Branch Manager, Branch Office- Chambers Bhawan, Civil Center, Marhtal Jabalpur, Madhya Pradesh Through The Divisional Manager, The Oriental Insurance Company Limited Divisional Office- Near Ambedkar Chowk, City-Ambikapur, District- Surguja Chhattisgarh --- Respondent(s) For Appellants : Mr. Aditya Kumar Mishra, Advocate For Respondents No.1 & 2 : None For Respondent No.3 : Mr. Arun Kumar Shukla, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (25.09.2026) 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 08.12.2025, passed in Claim Case No.44/2025 by learned Principal Motor Accident Claims Tribunal, Ambikapur (Surguja) (CG), whereby the learned Claims Tribunal has awarded a total sum of Rs.17,11,195/- as compensation for the death of Suresh Soni who was aged about 49 years and died in a road accident which took place on 18.11.2024. 2. Learned counsel for the appellant would submit that the 3 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.3/insurance company 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 their rival submissions made herein-above and went through the records with utmost circumspection. 5. In the case at hand, true it is that the learned Tribunal has taken the monthly income of the deceased to be Rs.10,000/-, which ought to be Rs.10,428/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh. Furthermore, in other conventional heads the Tribunal has granted only Rs.2,04,000 which ought to be 2,76,000/-, 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 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 4 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. 10000 x 12 = 1,20,000/- Rs. 10428 x 12 = 1,25,136/- 2. Future prospect (+)25% (i.e. Rs. 30,000) = 1,50,000/- (+)25% (i.e. Rs. 31,284) = 1,56,420/- 3. Deduction (-) 1/4 (i.e. 37500) = Rs.1,12,500/- (-) 1/4 (i.e. 39105) = 1,17,315/- 4. Multiplier (x) 13 = Rs.14,62,500/- (x) 13 = 15,25,095/- 5 Other conventional heads Rs. 2,04,000/- Rs. 2,76,000/- (18000+18000+240 000) 6 Medical Expenses Rs.44,695/- Rs.44,695/- Total Rs. 17,11,195/- Rs. 18,45,790/- 7. In view of the aforesaid analysis, the compensation amount of Rs. 17,11,195/- awarded by the Claims Tribunal is enhanced to Rs. 18,45,790/-. Hence, after deducting the amount of Rs. 17,11,195/-, the appellants are held entitled to an additional amount of Rs. 1,34,595/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of the claim application before the Claims Tribunal till its realization. The appellant No. 2 Prince Kumar Soni shall also be entitled to receive a 3 (2018) 18 SCC 130 5 sum of Rs. 48,000/- out of the total awarded amount of Rs. 18,45,790/-. 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