1 CGHC010260862023 2026:CGHC:41710 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1364 of 2023 1 - Smt. Rukhamani Yadav W/o Late Chandra Shekhar Yadav Aged About 27 Years R/o Village Ramtala Post Sendri, Thana Koni, Tahsil Bilaspur District Bilaspur Chhattisgarh. 2 - Ansh Yadav S/o Late Chandra Shekhar Yadav Aged About 1 Years Minor Through Natural Guardian Mother Smt. Rukhamani Yadav, R/o Village Ramtala Post Sendri, Thana Koni, Tahsil Bilaspur District Bilaspur Chhattisgarh. ... Appellant(s) versus 1 - Vishal Bunkar S/o Fulsingh Bunkar, Aged About 29 Years R/o Shanichari Padav In Front Of Manohar Loge, Golbazar Bilaspur, Thana City Kotwali, Tahsil Bilaspur Distict Bilaspur Chhattisgarh (Owner Cum Driver Offiending Vehicle Auto No. C.G. 10/V/9974). 2 - Bajaj Alliance General Insurance Company Limited, Through Branch Manager, Branch Office, 3rd Floor Rama Guru Kripa Tower, Near Bank, I.C.I.C.I Lombard, Byapar Vihar Bilaspur District Bilaspur Chhattisgarh. (Insurer Of The Offending Vehicle Auto No. C.G. 10/V./9974). ... Respondent(s) For Appellants : Ms. Shaleeni Jangde, Advocate, on behalf of Mr. A. L. Singroul, Advocate BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.09.26 12:50:15 +0530 2 For Respondent No.2 : Mr. Prashant Sahu, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (25.09.2026) 1. Heard on admission. 2. Admit. 3. With the consent of learned counsel appearing for the appellants and the Insurance Company, the matter is heard finally. 4. 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 Motor Accident Claims Tribunal, Bilaspur, District Bilaspur (C.G.) vide impugned award dated 24.06.2023 passed in Motor Accident Claim Case No.1505/2021, whereby a total sum of ₹15,55,120/- has been awarded on account of the death of Chandra Shekhar Yadav, who succumbed to the injuries sustained in the motor vehicle accident that occurred on 09.03.2021. 5. 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 7,800/-, ₹ which, according to him, is even lower than the minimum wages payable to an unskilled labourer at the relevant time. 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 3 enhanced. 6. Per contra, learned counsel appearing for respondent No.2– 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. 7. Heard learned counsel for the parties and perused the record with due circumspection. 8. Though it was claimed by the claimants that, at the time of the accident, the deceased was earning 15,000/- per month ₹ by working as a mechanic of two wheeler vehicles, no documentary evidence has been adduced on record to substantiate the said claim. The accident occurred on 09.03.2021 and, at the relevant time, the minimum wages prescribed even for an unskilled labourer were 8,960/- per ₹ month. Accordingly, his monthly income is reassessed at 8,960/-per month. ₹ 9. The deceased was a non-salaried person aged about 28 years at the time of accident. There two claimants in the present case. 10.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 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. 4 11. 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 7800 × 12 = 93600 8960 × 12 = 107520 2. Future prospects (+) 40% (i.e. 37440) = 131040 ₹ (+) 40% (i.e. 43008) = 150528 3. Deduction towards personal expenses (-) 1/3 (i.e. 43680) = 87360 (-) 1/3 (i.e. 50176) = 100352 4. Multiplier (×) 17 = 1485120 (×) 17 =1705984 5. Funeral Expenses 15,000 16,500 6. Loss of Estate 15000 16,500 7. Loss of consortium ₹40000 88,000 (44,000 x 2) Total ₹15,55,120/- 18,26,984/- ₹ 12. In view of the aforesaid analysis, the amount of compensation of ₹15,55,120/- awarded by the Claims Tribunal is enhanced to ₹18,26,984/-. Thus, after deducting the amount of ₹15,55,120/- already awarded by the Claims Tribunal, the appellants/claimants are held entitled to an additional amount of 2,71,864/- ₹ . The additional amount of 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. 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 13. In the result, the appeal is partly allowed and the impugned award is modified to the extent indicated hereinabove. 14. 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/- Sd/- (Sanjay Kumar Jaiswal) Judge Khatai