1 CGHC010294872023 2026:CGHC:41986 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1573 of 2023 1 - Pushpa Devi W/o Late Ramayan Prasad Sahu, Aged About 46 Years, R/o Village Kumhari Kala, Tahsil Saragao, District Janjgir- Champa, Present District Sakti (C.G.) (Claimant). 2 - Sanjay Kumar Sahu S/o Late Ramayan Prasad Sahu, Aged About 26 Years, R/o Village Kumhari Kala, Tahsil Saragao, District Janjgir- Champa, Present District Sakti (C.G.) (Claimant). 3 - Omprakash Sahu S/o Late Ramayan Prasad Sahu, Aged About 19 Years, R/o Village Kumhari Kala, Tahsil Saragao, District Janjgir- Champa, Present District Sakti (C.G.) (Claimant). 4 - Sumitra Bai W/o Chhedilal, Aged About 66 Years, R/o Village Deragarh Tahsil Baradwar, District Janjgir-Champa, Present District Sakti (C.G.) (Claimant). 5 - Chhedilal Sahu S/o Late Kanhaiya Lal, Aged About 76 Years, R/o Village Deragarh Tahsil Baradwar, District Janjgir-Champa, Present District Sakti (C.G.) (Claimant). ...Appellants versus 1 - Devi Singh S/o Budhram, Aged About 42 Years, R/o Village Post O.P. Sarabai P.S. Umraoganj, District Raisen (M.P.) Presently Address Shiv Shakti Cargo Service Link Road No.3 Village Tekari P.S. Mandir Hasaud, Tahsil Arang District Raipur (C.G.) (Driver Of Offending Vehicle). 2 - Rajnikant Verma S/o Kanhaiyalal Verma, Aged About 44 Years, R/o Shiv Shakti Cargo Service, Link Road No.3 Village Tekari P.S. Mandir Hasaud, Tahsil Arang District Raipur (C.G.) (Owner Of Offending Vehicle). 3 - Branch Manager The Megma General Insurance Company Limited, Board Office, New Transport Nagar Korba, District Korba (C.G.) (Insurer Of Offending Vehicle). PRASHANT DEWANGAN Digitally signed by PRASHANT DEWANGAN Date: 2026.09.28 10:14:23 +0530 2 ... Respondent(s) For Appellants : Ms. Mirza Kaisher Beg, Advocate For Respondents No.1 & 2 : None. For Respondents No.3 : Mr. Prashant Sahu, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (26.09.2026) 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 24.06.2023, passed in Claim Case No. 32/2021, whereby the learned Claims Tribunal has awarded a total sum of Rs.19,28,032/- as compensation for the death of Ramayan Prasad Sahu, who died in a road accident which took place on 19.08.2021. 2. Learned counsel for the appellant submits that the learned Claims Tribunal has erred in awarding lesser compensation in the facts and circumstances of the case. She further submits that learned Claims Tribunal has awarded lesser compensation under the other heads. It is, therefore, prayed that 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 3 records with utmost circumspection. 5. In the case at hand, it is undisputed that the learned Tribunal has assessed the monthly income of the deceased at 16,320/- on the ₹ basis of the salary slip. Further, on the basis of the documents available on record, the learned Tribunal has held that the deceased was aged about 51 years at the time of the accident. Having regard to the number of claimants (5), the Tribunal has added 15% towards future prospects, deducted 1/4th towards the personal and living expenses of the deceased, and applied the multiplier of ‘11’. The aforesaid assessment, in the opinion of this Court, is just and proper and does not warrant any interference. However, under the conventional heads, the learned Tribunal has awarded a sum of 70,000/-. The said amount ought to have been assessed at ₹ 2,53,000/-. To the aforesaid extent, the impugned award warrants ₹ modification. 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. 16,320 x 12 = 1,95,480/- Rs. 16,320 x 12 = 1,95,480/- 2. Future prospect (+)15% (i.e. Rs. 29,376) = 2,25,216/- (+)15% (i.e. Rs. 29,376) = 2,25,216/- 3. Deduction (-) 1/4 (i.e.56,304) = 1,68,912/- (-) 1/4 (i.e.56,304) = 1,68,912/- 4. Multiplier (x) 11 = 18,58,032/- (x) 11 = 18,58,032/- 5 Other Rs. 70,000/- Rs. 2,53,000/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 conventional heads (15,000+15,000+40, 000) (16,500+16,500+2,20 ,000) Total Rs. 19,28,032/- Rs. 21,11,032/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.19,28,032/- awarded by the Claims Tribunal is enhanced to Rs.21,11,032/-. Hence, after deducting the amount of Rs.19,28,032/-, the appellants are held entitled for an additional amount of Rs.1,83,000/-. The additional amount of compensation shall carry interest @ 6% per annum from 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 Prashant