1 CGHC010087122024 2026:CGHC:41711 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 542 of 2024 1 - Smt. Tiloka Sinha W/o Late Omprakash Sinha Aged About 24 Years R/o Village Jamri Post Jatkanhar, Tahsil And ThanaDongargarh, District Rajnandgaon (C.G.),...(Claimants) 2 - Ku. Kinjan Sinha D/o Late Omprakash Sinha Aged About 5 Years Minor, Through Smt. Tiloka Sinha, Aged About 24 Years, W/o Late Omprakash Sinha, R/o Village Jamri Post Jatkanhar, Tahsil And Thana Dongargarh, District Rajnandgaon (C.G.) 3 - Suberam Sinha S/o Late Feruram Sinha Aged About 41 Years R/o Village Jamri Post Jatkanhar, Tahsil And Thana Dongargarh, District Rajnandgaon (C.G.) 4 - Rajimbai Sinha W/o Shri Suberam Sinha Aged About 35 Years R/o Village Jamri Post Jatkanhar, Tahsil And Thana Dongargarh, District Rajnandgaon (C.G.) 5 - Hemraj Sinha S/o Shri Suberam Sinha Aged About 22 Years R/o Village Jamri Post Jatkanhar, Tahsil And Thana Dongargarh, District Rajnandgaon (C.G.) 6 - Goutam Sinha S/o Shri Suberam Sinha Aged About 18 Years R/o Village Jamri Post Jatkanhar, Tahsil And Thana Dongargarh, District Rajnandgaon (C.G.) ... Appellant(s) versus 1 - Bhanjanlal S/o Kaluram R/o Village Mudhpar Thana / Tahsil Dongargarh, District Rajnandgaon (C.G.),...(Driver) BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.09.26 12:50:15 +0530 2 2 - Satbir Kaur S/o Satnam Singh R/o M.I.G. 23, Lalbagh, Housing Board Colony, Thana Lalbagh, Tahsil And District Rajnandgaon (C.G.),..(Owner) 3 - New India Insurance Company Limited Through Its Branch Manager, Branch Office, First Floor, C.G. Housing Board, New Bush Stand, G.E. Road, Rajnandgaon (C.G.) ... Respondent(s) For Appellants : Ms. Bhavika Kotecha, Advocate For Respondent No.3 : Mr. Anil Gulati, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (25.09.2026) 1. With the consent of learned counsel appearing for the appellants and the Insurance Company, the matter was heard finally. 2. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/claimants seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dongargarh, District Rajnandgaon (C.G.) vide impugned award dated 03.01.2024 passed in Motor Accident Claim Case No.07/2023, whereby a total sum of 14,20,200/- has been awarded on account of ₹ the death of Omprakash Sinha, who succumbed to the injuries sustained in the motor vehicle accident that occurred on 30.12.2022. 3. 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 6,000/-, ₹ which, according to her, is even lower than the minimum wages payable to an unskilled labourer at the relevant time. 3 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 compensation awarded by the Claims Tribunal be suitably enhanced. 4. Per contra, learned counsel appearing for respondent No.3– Insurance Company opposes the submissions advanced on behalf of the appellants/claimants and submits that, having regard to the facts and circumstances of the case, the compensation awarded by the Claims Tribunal is just and proper and does not call for any interference by this Court. 5. Heard learned counsel for the parties and perused the record with due circumspection. 6. Though it was claimed by the claimants that, at the time of the accident, the deceased was earning 30,000/- per month ₹ by working as a motor mechanic in a Mahindra showroom, no documentary evidence has been adduced on record to substantiate the said claim. The accident occurred on 30.12.2022 and, at the relevant time, the minimum wages prescribed even for an unskilled labourer were 9,960/- per ₹ month. Accordingly, his monthly income is reassessed at 9,960/- per month. ₹ 7. The deceased was a non-salaried person aged about 27 years at the time of accident. There are six claimants in the present case. 8. 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. 9. 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 6,000 × 12 = 72000 9960 × 12 = 1,19,520 2. Future prospects (+) 40% (i.e. 28,800) = ₹ 1,00,800 (+) 40% (i.e. 47,808) = 1,67,328 3. Deduction towards personal expenses (-) 1/4th (i.e. 25,200) = 75,600 (-) 1/4th (i.e. 41,832) = 1,25,496 4. Multiplier (×) 17 = 12,85,200 (×) 17 = 21,33,432 5. Funeral Expenses 15,000 16,500 6. Loss of Estate Nil 16,500 7. Loss of consortium 1,20,000 ₹ (20,000 x 6) 2,64,000 (44,000 x 6) Total ₹14,20,200/- 24,30,432/- ₹ 10. In view of the aforesaid analysis, the amount of compensation of ₹14,20,200/- awarded by the Claims Tribunal is enhanced to ₹24,30,432/-. Thus, after deducting the amount of ₹14,20,200/- already awarded by the Claims Tribunal, the appellants/claimants are held entitled to an additional amount of 10,10,232/- ₹ . The additional amount of 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 compensation shall carry interest at the rate of 6% per 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. 11. In the result, the appeal is partly allowed and the impugned award is modified to the extent indicated hereinabove. 12. 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