1 CGHC010073442025 2026:CGHC:42310 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 454 of 2025 1 - Punita W/o Son Charan Chauhan, Aged About 42 Years, R/o Village - Tusma, Police Station And Tahsil - Shivarinarayan, District - Janjgir-Champa (C.G.) (Applicants). 2 - Son Charan Chauhan S/o Late Kartik Ram Chauhan, Aged About 53 Years, R/o Village - Tusma, Police Station And Tahsil - Shivarinarayan, District - Janjgir-Champa (C.G.). ... Appellants versus 1 - Shailendra Kosle S/o Ishwari Kumar Kosle, Occupation - Driver, R/o Village - Rahas Beda, Ambedakar Chowk Police Station - Akaltara, District - Janjgir-Champa (C.G.) (Driver Of The Vehicle Truck No. C.G. 04 J.C. -9357) (Non-Applicants). 2 - Ashish Agrawal S/o Ghanshyam Agrawal, R/o- Krishna Vihar Colony, Ward No. -06, Near Canal, Police Station - City Kotwali, District - Balodabazar - Bhatapara (C.G.) (Owner Of The Vehicle No. C.G. 04 J.C. -9357). 3 - Royal Sundaram General Insurance Company Limited Through Divisional Manager, Office - 1st Floor, Rama Trade Centre, In Front Of Rajiv Plaza, Old Bus Stand, Bilaspur, Police Station - City Kotwali, District - Bilaspur (C.G.) (Insurer Of The Vehicle Truck No. C.G. 04 J.C. -9357). ... Respondent(s) For Appellants : Mr. Anand Kesharwani, Advocate. For Respondents No.1 : Mr. Abhinav Dubey, Advocate. For Respondents No.3 : Mr. Anupam Dubey, Advocate. 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (29.09.2026) 1. Heard on I.A. No. 01/2025, application under Section 5 of the Limitation Act, for condonation of delay in filing the appeal. 2. For the reasons stated in the application, the same is allowed and the delay of 28 days in filing the appeal is hereby condoned. 3. Also heard on admission. 4. Admit. 5. With the consent of learned counsel for the parties, the case is heard finally. 6. 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 22.10.2024, passed in Claim Case No. 1128/2023, whereby the learned Claims Tribunal has awarded a total sum of Rs.16,18,952/- as compensation for the death of Vinay Kumar Chauhan, who died in a road accident which took place on 29.06.2023. 7. Learned counsel for the appellants submits that the learned Claims Tribunal has erred in awarding inadequate compensation in the facts and circumstances of the case. It is contended that the deceased was working as a labourer and was also engaged in agricultural work, earning Rs. 15,000/- per month, whereas the learned Claims Tribunal has erroneously assessed the monthly income of the deceased at Rs. 9,960/-. It is further submitted that the learned Claims Tribunal has also awarded inadequate amounts under the conventional heads. It is, therefore, prayed that the instant appeal be allowed and the compensation awarded by the learned Claims Tribunal be 3 suitably enhanced. 8. Learned counsel appearing for the respondents would submit that the learned Claims Tribunal, after duly appreciating the oral and documentary evidence available on record, has rightly awarded the compensation. It is further submitted that, with regard to the income of the deceased, the claimants have not produced any cogent, clinching, or reliable evidence to substantiate the income claimed by them. It is, therefore, contended that the compensation awarded by the learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 9. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 10. The learned Claims Tribunal assessed the monthly income of the deceased at Rs. 9,960/- on the basis of the Chhattisgarh Minimum Wages Notification issued by the Office of the Labour Commissioner, Chhattisgarh. Though it was claimed by the claimants that, at the time of the accident, the deceased was earning Rs. 15,000/- per month from labour and agricultural work, no cogent evidence was produced to substantiate the said income. In the opinion of this Court, the monthly income assessed by the learned Claims Tribunal at Rs. 9,960/- is just and proper and does not warrant any interference. 11. The learned Claims Tribunal, considering the fact that the deceased was unmarried and aged about 17 years at the time of the accident and having regard to the number of claimants, i.e., two, added 40% towards future prospects, deducted 1/2 of the income towards the personal and living expenses of the deceased, and applied a multiplier of 18. The aforesaid computation is found to be just and proper. 12. However, under the conventional heads, the learned Claims Tribunal has awarded a sum of Rs. 1,13,000/-. In view of the principles laid down by the Hon'ble Supreme Court in National 4 Insurance Company Ltd. v. Pranay Sethi, and the permissible enhancement of 10% in the amounts awarded under the conventional heads, the claimants are entitled to a total sum of Rs. 1,32,000/- under the said heads. To this extent, the impugned award warrants modification. 13. 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. 9,960 x 12 = 1,19,520/- Rs. 9,960 x 12 = 1,19,520/- 2. Future prospect (+)40% (i.e. Rs. 47,808) = 1,67,328/- (+)40% (i.e. Rs. 47,808) = 1,67,328/- 3. Deduction (-) 1/2 (i.e. 83,664) = 83,664/- (-) 1/2 (i.e. 83,664) = 83,664/- 4. Multiplier (x) 18 = 15,05,952/- (x) 18 = 15,05,952/- 5 Other conventional heads Rs. 1,13,000/- (16,500+16,500+ 80,000) Rs. 1,32,000/- (18,000+18,000+96,0 00) Total Rs. 16,18,952/- Rs. 16,37,952/- 14. In view of the aforesaid analysis, the amount of compensation of Rs.16,18,952/- awarded by the Claims Tribunal is enhanced to Rs.16,37,952/-. Hence, after deducting the amount of Rs.16,18,952/-, the appellants are held entitled for an additional amount of Rs.19,000/-. The additional amount of 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 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. 15. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 16. 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 $ourabh