1 CGHC010334102024 2026:CGHC:42420 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1913 of 2024 1 - Smt. Ranjeeta Ekka W/o Late Shri Pankaj Kumar Ekka Aged About 27 Years Occupation - Housewife, R/o Batuabuda, Bakirma, Tahsil - Ambikapur, Distt. - Surguja Chhattisgarh (Claimant) 2 - Amol Kumar Ekka S/o Late Shri Pankaj Kumar Ekka Aged About 4 Years Occupation - None Minor Through Natural Guardian Mother Smt. Ranjeeta Ekka W/o Late Shri Pankaj Kumar Ekka, R/o Batuabuda, Bakirma, Tahsil - Ambikapur, Distt. - Surguja Chhattisgarh (Claimant) 3 - Smt. Gumi Devi W/o Shri Shivlal Aged About 55 Years Occupation - Housewife, R/o Batuabuda, Bakirma, Tahsil - Ambikapur, Distt. - Surguja Chhattisgarh (Claimant) 4 - Shivlal S/o Late Shri Khasru Ram Aged About 59 Years Occupation Service, R/o Batuabuda, Bakirma, Tahsil - Ambikapur, Distt. - Surguja Chhattisgarh (Claimant) ... Appellant(s) versus 1 - Vijay Kumar Tigga S/o Shri Suleman Tigga Aged About 59 Years Occupation - Service, R/o 2A/128, Officers Colony SECL Vishrampur, Thana - Vishrampur, Distt. - Surajpur Chhattisgarh (Driver Of Vehicle No. JH-01-BU-0962) 2 - Smt. Saroj Sushma Bakhla D/o Shri Patras Bakhla, W/o Shri Vijay Kumar Tigga Aged About 55 Years Occupation Service, BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.09.30 11:11:40 +0530 2 R/o Friends Colony, Lower Bardman Compound, Street No. 1, Lalpur, Ranchi, Distt. - Ranchi (Jharkhand), Presently R/o 2- A/128, Officers Colony SECL Vishrampur, Thana - Vishrampur, Distt - Surajpur Chhattisgarh (Owner Of Vehicle No. JH-01-BU- 0962) 3 - Branch Manager, SBI General Insurance Company Ltd. Branch Office Mapal Plaza, 5th Floor Road No. 2, Kadru Argora Road, Ashok Nagar, Ranchi (Jharkhand) Through Branch Manager, SBI General Insurance Company Ltd., Branch Office - 4th Floor, Pujari Complex Nh43, Pachpedi Naka Dhamtari Road, Raipur, Distt - Raipur Chhattisgah (Insurer Of The Vehicle No. JH-01-BU 0962) ... Respondent(s) For Appellants : Mr. Rajendra Patel, Advocate For Respondents No.1 & 2 : Ms. Sonali Kesharwani, Adv. on behalf of Mr. Sanjay Kumar Yadav, Advocate For Respondent No.3 : Mr. K. P. S. Gandhi, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (29.09.2026) 1. 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 Principal Motor Accident Claims Tribunal, Ambikapur, District Surguja (C.G.) vide impugned award dated 12.08.2024 passed in Motor Accident Claim Case No.235/2023, whereby a total sum of 19,38,400/- has been awarded to the claimants on ₹ account of the death of Pankaj Kumar Ekka, who succumbed to the injuries sustained in the motor vehicle accident that occurred on 10.09.2023. 2. Learned counsel appearing for the appellants/claimants 3 submits that the Tribunal has erred in assessing the monthly income of the deceased at 9,000/-, which is even less than ₹ the minimum wages prescribed for an unskilled labourer at the relevant time. It is further submitted that the Tribunal has awarded 48,000/- towards loss of spousal consortium to the ₹ wife of the deceased, whereas only ₹40,000/- has been awarded to the other three claimants towards parental/filial consortium. According to learned counsel, each of the claimants is entitled to 48,000/- towards loss of consortium. ₹ It is, therefore, prayed that the compensation awarded by the Tribunal be suitably enhanced. 3. Per contra, learned counsel appearing for the respondents 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 Tribunal is just and proper and does not warrant any interference by this Court. 4. Heard learned counsel for the parties and perused the record with due circumspection. 5. Though it was claimed by the claimants that, at the time of the accident, the deceased was earning 12,000/- per month by ₹ working as a mason, no documentary evidence has been adduced on record to substantiate the said claim. The accident occurred on 10.09.2023 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/-. ₹ 6. The deceased was a non-salaried person aged about 32 years at the time of the accident. There are four claimants who are the wife, one son and the parents of the deceased. 4 7. Having regard to the date of the accident, the age of the deceased and the number of his dependants, this Court finds that the addition towards future prospects, deduction towards personal and living expenses, multiplier applied and the amounts awarded towards funeral expenses and loss of estate do not call for any interference. However, the amount awarded by the Tribunal towards loss of parental/filial consortium requires enhancement in view of the law laid down by the Hon’ble Supreme Court. 8. 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 9,000 × 12 = 1,08,000 9960 × 12 = 1,19,520 2. Future prospects (+) 40% (i.e. 43,200) ₹ = 1,51,200 (+) 40% (i.e. 47,808) = 1,67,328 3. Deduction towards personal expenses (-) 1/4 (i.e. 37,800) = 1,13,400 (-) 1/4 (i.e. 41,832) = 1,25,496 4. Multiplier (×) 16 = 18,14,400 (×) 16 = 20,07,936 5. Funeral Expenses 18,000 18,000 6. Loss of Estate 18,000 18,000 7. Loss of consortium 88,000 ₹ (48,000 + 40,000) 1,92,000 (48,000 x 4) Total ₹19,38,400/- 22,35,936/- ₹ 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 5 9. In view of the foregoing analysis, the compensation of ₹19,38,400/- awarded by the Tribunal is enhanced to ₹22,35,936/-. Thus, after deducting the amount of ₹19,38,400/- already awarded by the Tribunal, the appellants/claimants are entitled to an additional sum of ₹2,97,536/- . The aforesaid enhanced/additional amount shall carry interest at the rate of 6% per annum from the date of filing of the claim petition before the Tribunal till its actual realization. The remaining terms and conditions of the impugned award shall remain unaltered. 10. Consequently, the appeal is partly allowed and the impugned award is modified to the extent indicated hereinabove. 11. The Registry is directed to communicate to the claimants, in writing, the enhanced/additional amount of compensation awarded by this Court over and above the amount awarded by the concerned Tribunal. Such communication shall be made in Hindi (Devanagari) language. The assistance of Para-Legal Volunteers may also 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