1 CGHC010224342023 2026:CGHC:41577 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1122 of 2023 1 - Smt. Aone Kewat W/o Late Santram Kewat Aged About 30 Years R/o Village Bajrangidih, Bhagwantola, Thana Bortalab, Tahsil Dongargarh, Distt. Rajnandgaon (C.G.). 2 - Ku. Menka D/o Late Santram Kewat Aged About 11 Years Being Minor Through Natural Guardian Mother Smt. Aone Kewat, Aged About 30 Years, W/o Late Santram Kewat, R/o Village Bajrangidih, Bhagwantola, Thana Bortalab, Tahsil Dongargarh, Distt. Rajnandgaon (C.G.) 3 - Ku. Neelam D/o Late Santram Kewart Aged About 9 Years Being Minor Through Natural Guardian Mother Smt. Aone Kewat, Aged About 30 Years, W/o Late Santram Kewat, R/o Village Bajrangidih, Bhagwantola, Thana Bortalab, Tahsil Dongargarh, Distt. Rajnandgaon (C.G.) 4 - Hitesh Kumar S/o Late Santram Kewat Aged About 6 Years Being Minor Through Natural Guardian Mother Smt. Aone Kewat, Aged About 30 Years, W/o Late Santram Kewat, R/o Village Bajrangidih, Bhagwantola, Thana Bortalab, Tahsil Dongargarh, Distt. Rajnandgaon (C.G.) 5 - Shri Sunheri Kewat S/o Brijlal Kewat Aged About 55 Years R/o Village Bajrangidih, Bhagwantola, Thana Bortalab, Tahsil Dongargarh, Distt. Rajnandgaon (C.G.) 6 - Baniharni Bai Kewat W/o Shri Sumeri Ram Kewat Aged About 50 Years R/o Village Bajrangidih, Bhagwantola, Thana Bortalab, Tahsil Dongargarh, Distt. Rajnandgaon (C.G.) …….. (Claimants). ... Appellants versus Digitally signed by HEERA LAL SAHU Date: 2026.09.25 11:54:49 +0530 2 1 - Laxman Singh Rajput S/o Late Kisan Rajput Aged About 53 Years R/o Village Darri, Thana Dongargaon, Distt. Rajnandgaon (C.G.)..... (Driver) 2 - Amar Lal Nishad S/o Panchuram Nishad Aged About 40 Years R/o Village Bedarkatta, Thana Dongargaon, Distt. Rajnandgaon (C.G.)...(Owner) 3 - United India Insurance Company Limited Through Its Branch Manager, Branch Office Local Address Naya Bus Stand Complex, Rajnandgaon (C.G.),.....(Insurer) ... Respondents For Appellants/Claimants : Ms. Bhavika Kotecha, Advocate. For Respondents No. 1 & 2 : None. For Respondent No. 3 : Mr. R.N. Pusty, Adv. with Mr. Akash Shrivastava, 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 21.02.2023, passed in Claim Case No.16/2020, whereby the learned Claims Tribunal has awarded a total sum of Rs.15,92,000/- as compensation for the death of Late Santram Kewat (33 years old), who died in a road accident which took place on 04.06.2020. 2. Learned counsel for the appellant 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.7,500/- per month, whereas the minimum wages were Rs. 8,860/- per month on the date of the accident i.e. 04.06.2020; therefore, the income of the deceased should be considered on the higher side. The 3 Tribunal has also awarded a lesser amount under other conventional heads, which needs to be enhanced. Therefore, the instant appeal should be allowed, and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for respondent No. 3/insurance company supported the impugned award. 4. I have heard learned counsel for the parties and went through the records with utmost circumspection. 5. In the case at hand, the learned Tribunal has indeed taken the monthly income of the deceased to be Rs. 7,500. According to the claimants, the deceased was aged about 33 years and was working as a mason; he used to earn Rs. 18,000/- per month from his work, but no documents have been produced in support of this fact, hence, it would proper to take his monthly income of Rs.8,860/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour. Furthermore, in other conventional heads the Tribunal has granted only Rs.80,000/- which ought to be Rs.2,97,000/-, 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. 7,500 x 12 = 90,000/- Rs. 8,860 x 12 = 1,06,320/- 2. Future (+)40% (i.e. Rs. (+)40% (i.e. Rs. 42,528) 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 prospect 36,000) = 1,26,000/- = 1,48,848/- 3. Deduction (-) 1/4 (i.e. Rs. 31,500) = 94,500/- (-) 1/4 (i.e. Rs. 37,212) = 1,11,636/- 4. Multiplier (x) 16 = 15,12,000/- (x) 16 = 17,86,176/- 5 Other conventional heads Rs. 80,000/- [20,000+20,000+40, 000] Rs. 2,97,000/- [16,500+16,500+(44,00 0x6)] Total Rs. 15,92,000/- Rs. 20,83,176/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.15,92,000/- awarded by the Claims Tribunal is enhanced to Rs.20,83,176/-. Hence, after deducting the amount of Rs.15,92,000/-, the appellants are held entitled for an additional amount of Rs.4,91,176/-. 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. 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 H.L. Sahu