1 2026:CGHC:10958 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 627 of 2020 1 - Smt. Sukhwaro Bai Wd/o Late Shyamsai Nirmalkar Aged About 33 Years R/o Village- Khoba, Police Station- Bagnadi, District- Rajnandgaon, Chhattisgarh. 2 - Kumari Rekha Nirmalkar D/o Late Shyamsai Nirmalkar Aged About 17 Years Through Natural Guardian Mother Smt. Sukhwaro Bai, Wd/o Late Shyamsai Nirmalkar, Aged About 33 Years. R/o Village- Khoba, Police Station- Bagnadi, District- Rajnandgaon, Chhattisgarh. 3 - Rahul Kumar, S/o Late Shyamsai Nirmalkar Aged About 12 Years Through Natural Guardian Mother Smt. Sukhwaro Bai, Wd/o Late Shyamsai Nirmalkar, Aged About 33 Years. R/o Village- Khoba, Police Station- Bagnadi, District- Rajnandgaon, Chhattisgarh. ... Appellants versus 1 - Prakash Kumar S/o Anand Ram Tandiya Aged About 27 Years R/o Village- Khoba, Police Station- Bagnadi, District- Rajnandgaon, Chhattisgarh. (Driver) 2 - Uttam Kumar S/o Anand Ram Aged About 35 Years R/o Village- Khoba, Tehsil- Churiya, District- Rajnandgaon, Chhattisgarh. (Owner), 3 - Branch Manager Iffco Tokyo General Insurance Company Branch Office, First Floor, Anupam Nagar, New Circuit House Road, Rajnandgaon, Tehsil And District- Rajnandgaon, Chhattisgarh. (Insurance Company). ... Respondent(s) Appellants : Mr. Shobhit Koshta, Advocate Respondents No.1 & 2 : None Respondent : Mr. Pravesh Sahu, Advocate, holding the brief of Digitally signed by NADIM MOHLE 2 No.3/Insurance Company Mr. P. R. Patankar, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Judmgnet on Board 03.03.2026 1. The appellants have filed this appeal for enhancement of compensation assailing the award passed by the learned Motor Accident Claims Tribunal, Rajnandgaon in Claim Case No. 14/2018, dated 30.10.2019, whereby the learned Tribunal has passed an award to the tune of Rs.10,46,000 with interest at the rate of 9% per annum on account of death of Shyamsay Nirmalkar. 2. Mr. Koshta, learned counsel appearing for the appellants would argue that on 06.05.2017, the deceased Shyamsay Nirmalkar, who was working as helper in the offending vehicle bearing registration No.CG-08-AC-7582 went to village Kanharpuri and at the time of returning, near Tendunala Bridge, Chichola at about 11.10 hrs, the offending vehicle turned turtuled by rash and negligent driving of driver. The deceased sustained grievous injuries and died during the course of treatment. 3. The claimants, who are widow and minor children filed claim case inter-alia on the ground that age of the deceased was 35 years at the time of accident and earning Rs.5,000 per month. 4. Mr. Koshta would contend that the learned tribunal assessed income of the deceased Rs.5000 which is at lower side. He would contend that the learned Tribunal was under obligation to grant just and proper compensation. He would contend that the learned Tribunal should have applied minimum wages matrix while assessing the compensation. He would submit that on other heads, the learned tribunal has granted just and proper compensation. 5. On the other hand, learned counsel appearing for the respondent(s) would oppose the submission made by counsel for the appellants and submit that 3 the claimants pleaded that the deceased was earning Rs.5000/-per month and same was honored by the learned Tribunal; thus, the learned Tribunal has rightly awarded just and proper compensation and this appeal deserves to be dismissed. 6. I have heard learned counsel for the parties and perused the record with utmost circumspection. 7. In the matter of Meena Devi vs. Nunu Chand Mahto Alias Nemchand Mahto reported in (2023) 1 SCC 204, the Hon’ble Supreme Court in para 17 held as under :- “17. At this stage, it is necessary to clarify that as per decision of a three-Judge Bench of this Court in Nagappa v. Gurudayal Singh, it was observed that under the MV Act, there is no restriction that the Tribunal/Court cannot award compensation exceeding the amount so claimed. The Tribunal/Court ought to award “just” compensation which is reasonable in the facts relying upon the evidence produced on record. Therefore, less valuation, if any, made in the claim petition would not be impediment to award just compensation exceeding the claimed amount.” 8. In the present case, though claimants pleaded income of the deceased Rs.5,000 per month but the learned Tribunal should have applied minimum wage matrix applicable in the particular time period, as there was no evidence led by the claimants with regard to the income of the deceased. 9. The minimum wages admissible to an unskilled labourer in the month of May, 2017 was Rs.8,060/- and said figure should have taken into consideration by the learned Tribunal for computation of compensation. However, on other heads, the learned Tribunal has granted just and proper compensation. 10. Taking into consideration the above discussed facts, the compensation 4 granted by the learned Tribunal requires reconsideration and same is revisited as under:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 5,000 x 12= 60,000/- Rs.8,060 x 12 = Rs. 96,720/- 2. Future Prospect (40 %) Rs. 84,000/- Rs. 1,35,408/- 3. Deduction (1/3) Rs.56,000/- Rs.90,272/- 4. Multiplier (16) Rs.8,96,000/- Rs.14,44,352/- 5. Loss of Estate Rs.15,000/- Rs.15,000/- 6. Funeral expenses Rs.15,000/- Rs.15,000/- 7. Loss of Consortium (for appellants No.1,2 & 3) Rs. 1,20,000/- Rs.1,20,000/- Total Rs.10,46,000/- Rs.15,94,352/- Final Compensation Rs.15,94,352- Rs.10,46,000 = Rs. 5,48,352/- In view of the above calculation, the claimants shall be entitled to an additional sum of Rs. 5,48,352/-. The insurance company is directed to pay the enhanced compensation Rs. 5,48,352/- with interest @ 9% per annum to the appellants/claimants within a period of 60 days. Rest of the terms and conditions of the award shall remain intact. Accordingly, the appeal filed by the claimants is allowed in part to the extent indicated hereinabove. Sd/- (Rakesh Mohan Pandey) Judge Nadim