1 2026:CGHC:863 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1728 of 2024 1. Smt. Kunti Bai Markam Wd/o Late Budhwar Singh Markam, Aged About 30 Years Caste- Gond, R/o Village Andikachhar, Tahsil Pali, District- Korba (C.G.) Presently Resident Jageshwar Prasad Bhagat, I.T.I. Rampur Basti, Near Shiv Mandir Mahant Mohalla Korba, Tahsil And District- Korba (C.G.) ------(Claimant) 2. Minor Ku. Naomi D/o Late Budhwar Singh Markam, Aged About 8 Years Minor Through Natural Guardian Their Mother Appellant No.1 Smt. Kunti Bai Markam, Aged 30 Years, Wd/o Budhwar Singh Markam, Caste- Gond, R/o Village Andikachhar, Tahsil Pali, District- Korba (C.G.) Presently Resident Jageshwar Prasad Bhagat, I.T.I. Rampur Basti, Near Shiv Mandir Mahant Mohalla Korba, Tahsil And District- Korba (C.G.) ------(Claimant) 3. Minor Navit Kumar Markam S/o Late Budhwar Singh Markam, Aged About 2 Years Minor Through Natural Guardian Their Mother Appellant No.1 Smt. Kunti Bai Markam, Aged 30 Years, Wd/o Budhwar Singh Markam, Caste- Gond, R/o Village Andikachhar, Tahsil Pali, District- Korba (C.G.) Presently Resident Jageshwar Prasad Bhagat, I.T.I. Rampur Basti, Near Shiv Mandir Mahant Mohalla Korba, Tahsil And District- Korba (C.G.) ------(Claimant) ... Appellant(s) versus 1. Chhedi Lal S/o Ram Lohar, R/o Syahimudi, Ward No. 45, P.S.- Darri, Tahsil Katghora, District- Korba (C.G.) -----(Driver) 2. M/s R.C.C. Cam Mix Operator-Rakesh Kumar Vyash, Office- Address- Near Bhawani Mandir, Rumgara, Korba, Tahsil And District Korba (C.G.) -----(Owner ) Digitally signed by AJINKYA PANSARE Date: 2026.01.08 14:26:41 +0530 2 3. Magma Hdi General Insurance Company Limited Through Branch Manager Magma Hdi General Insurance Company Limited, Branch Office Address Corporate Park, Plot No.1, Block No.9, Rajbandhu Maidan, Raipur, District- Raipur (C.G.) ... Respondent(s) For Appellants : Mr. Mirza Kaisher Beg, Advocate For Respondents No.1&2 : Mr. Utkarsh Patel, Advocate For Respondent No. 3 : Ms. Aditi Diwan, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 7.1.2026 1) This appeal has been preferred by the appellants/ claimants under Section 173 of Motor Vehicle Act, 1988 assailing the award passed by learned Additional Motor Accident Claims Tribunal (F.T.C.), Korba, District Korba in Claim Case No. 26/2020 dated 1.5.2024 whereby learned Tribunal has passed an award to the tune of Rs. 18,51,944/- with interest @ 9% on account of death of Budhwar Singh Markam. 2) Facts of the present case are that on 12.11.2019 at about 9:00 am, Budhwar Singh Markam was going from Andikachhar to Hardibazar Bus Stand on his motorcycle. When he reached near Hardibazar Chowk, the offending vehicle – Matador bearing registration No. CG-12-AT-0332 being driven in rash and negligent manner dashed the motorcycle. In the accident, Budhwar Singh sustained grievous injuries and died on the spot. Claimants, who are the widow and minor children of deceased moved claim application claiming therein compensation to the tune of Rs. 3 71,45,000/-. They pleaded that the deceased was aged 30 years and used to earn Rs. 14,000/- per month working as Welder. Learned Tribunal framed issues ; parties led evidence and thereafter award impugned was passed. 3) Learned counsel for the appellants submits that learned Tribunal has treated the deceased to be unskilled labourer without considering the evidence led by the claimants and assessed the notional income to be Rs. 8,860/- per month which is not in consonance with the minimum wage matrix applicable in the State of Chhattisgarh at the relevant time. Although, he fairly submits that learned Tribunal has awarded just and proper compensation under conventional heads. He prays to modify the award accordingly. 4) On the other hand, learned counsel appearing for the respondents Company would oppose. They submit claimants failed to prove the income of the deceased and learned Tribunal has awarded just and proper compensation and this appeal deserves to be dismissed. 5) Heard learned counsel for the parties and perused the record with utmost circumspection. 6) Perusal of the evidence led by the claimants would reveal that deceased was working as a welder at Indramani Pvt. Ltd., Dhatura. In evidence, Smt. Kunti Bai (AW/1), the wife of deceased 4 has also stated that deceased was a welder. The Bank Passbook (Ex.P/11) of the deceased would show that deceased was regularly receiving payments ranging between Rs.12,000/- to Rs. 15,000/- per month. Thus, in view of the evidence led by the claimants, it can be presumed that deceased was a welder i.e. a skilled labourer. Further, Insurance Company could not prove the contrary. 7) Learned Tribunal has treated the deceased to be unskilled labourer and assessed the monthly income to be Rs. 8,860/- whereas according to the minimum wage matrix applicable in the State of Chhattisgarh, minimum wages payable to a skilled laborer in November, 2019 was Rs. 10,550/- per month and learned Tribunal ought to have considered that figure. However, under other conventional heads learned Tribunal has awarded just and proper compensation and same does not warrant any interference. 8) Thus, in light of the aforesaid discussion, this Court is re- computing the compensation as below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Annual Income Rs. 1,06,320/- (@Rs. 8,860 pm) Rs. 1,26,600/- (@Rs. 10,550 pm) 2. Annual income after Deduction towards personal expenses Rs. 70,880/- (@1/3) Rs. 84,400/- (@1/3) 5 3. Annual Income after applying Multiplier Rs. 12,04,960/- (@17) Rs. 14,34,800/- (@17) 4. Future Prospect Rs. 4,81,984/- (@40%) Rs. 5,73,920/- (@40%) 5. Loss of Estate Rs. 16,500/- Rs. 16,500/- 6. Funeral expenses Rs. 16,500/- Rs. 16,500/- 7. Loss of Consortium Rs. 1,32,000/- (four claimants Rs. 44,000/-each) Rs. 1,32,000/- (four claimants Rs. 44,000/-each) TOTAL Rs. 18,51,944/- Rs. 21,73,720/- 9) Accordingly, the amount of compensation of Rs. 18,51,944/- awarded by the Claims Tribunal is enhanced to Rs. 21,73,720/-. Hence, the appellants are entitled for an additional amount of Rs. 3,21,776/-. The Insurance Company is directed to make payment of additional compensation assessed herein-above within period of 60 days. Rest of the terms of the award shall remain intact. 10) Accordingly, the appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a