1 2026:CGHC:8062 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 86 of 2023 1 - Indrani Patel W/o Late Virendra Patel Aged About 28 Years R/o Village Lalpur, Police Station Kukdur, Tahsil Pandaria, District Kabirdham (C.G.)..............(Claimant) 2 - Kumari Kamni Pinki D/o Late Virendra Patel Aged About 12 Years Minor Represented Through Mother Indrani Patel, R/o Village Lalpur, Police Station Kukdur, Tahsil Pandaria, District Kabirdham (C.G.)..............(Claimant) 3 - Kumari Sheetla D/o Late Virendra Patel Aged About 9 Years Minor Represented Through Mother Indrani Patel, R/o Village Lalpur, Police Station Kukdur, Tahsil Pandaria, District Kabirdham (C.G.)..............(Claimant) 4 - Kumari Himanshi Patel D/o Late Virendra Patel Aged About 3 Years Minor Represented Through Mother Indrani Patel, R/o Village Lalpur, Police Station Kukdur, Tahsil Pandaria, District Kabirdham (C.G.)..............(Claimant) 5 - Rambagas Patel S/o Bhutthu Patel Aged About 58 Years R/o Village Lalpur, Police Station Kukdur, Tahsil Pandaria, District Kabirdham (C.G.)..............(Claimant) ... Appellants versus 1 - Tamsingh Thakur S/o Nemsingh Thakur Aged About 52 Years Occupation Vehicle Driver, R/o Ward No.3, Kailash Nagar, Police Station And Tahsil Kawardha, District Kabirdham (C.G.)..............(Driver Of Vehicle Highwa No. C.G.-09-JJ-7693) 2 - Kanhaiyalal Agrawal S/o Birbal Prasad Agrawal R/o Ward No.15, Behind Collectorate, Manjhgaon Road, Police Station And Tahsil Kawardha, District Kabirdham (C.G.)...............(Owner Of Vehicle Highwa No. C.G.-09-JJ-7693) 3 - United India Insurance Company Limited Through The Branch Manager, Branch Office, First Floor, LIC Building, Magarpara Road, Bilaspur, Police Station Civil Line, Tahsil And District Bilaspur (C.G.)................(Owner Of Vehicle Highwa No. C.G.-09-JJ-7693) ... Respondents For Appellants/Claimants : Mr. Vipin Singh Thakur, Advocate For Respondent No. 3/ Insurance Company : Mr. Dashrath Gupta, Advocate Digitally signed by RAMESH KUMAR VATTI Date: 2026.02.17 11:03:58 +0530 2 For Respondents No. 1 and 2/ Driver and Owner None, though served Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 13/02/2026 1. The appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act for enhancement of compensation against the judgment and award passed by the VIth Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur (C.G.) in Claim Case No. 1121/2021 dated 01.10.2022, whereby the learned Claims Tribunal has granted compensation to the tune of Rs.19,02,340/- with interest @ 7% per annum on account of death of Virendra Patel. 2. The facts, in brief, are that on 13.03.2021 deceased- Virendra Patel, his wife Indrani and daughter Himanshi were going Village Lalpur on motorcycle and when they reached near Bagaiya Nala, Hyva vehicle bearing registration No. CG-09 / JJ-7693 coming from opposite side, dashed the motorbike, resultantly, the rider sustained injuries. In the said accident, Virendra Patel sustained serious injuries and during course of treatment died. 3. The claimants who are widow, 03 minor children and father of the deceased filed claim case under Section 166 of the Motor Vehicles Act, wherein they pleaded that at the time of accident, age of deceased was 30 years and earning Rs.15,000/- per month as deceased was a mason. 4. The Insurance Company filed reply and denied averments made in the claim petition. The Claims Tribunal framed issues, parties led evidence and thereafter the award was passed. 3 5. Mr. Vipin Singh Thakur, learned counsel appearing for the appellants/claimants would submit that the learned Claims Tribunal committed error of law while assessing the monthly income of the deceased Rs.7,700/-. He would submit that in absence of evidence, the learned Claims Tribunal should have applied the minimum wages matrix Notification issued by the State of Chhattisgarh at the relevant time. He would contend that for C-Grade City, the minimum wage admissible to an unskilled labourer was Rs.8,960/- and the learned Claims Tribunal should have taken that figure into account. He would fairly submit that on other heads, the learned Claims Tribunal has granted proper compensation. He would pray to enhance the compensation accordingly. 6. Mr. Dashrath Gupta, learned counsel appearing for respondent No. 3/ Insurance Company would submit that the learned Claims Tribunal has assessed the income of the deceased according to the provisions of Minimum Wages Act 1948. He would contend that the learned Claims Tribunal has granted just and proper compensation, therefore, the appeal filed by the appellants/claimants deserves to the dismissed. 7. I have heard learned counsel appearing for the respective parties and perused the record of the learned Claims Tribunal. 8. It is well settled principles of law that in absence of evidence with regard to income, the tribunals and courts should assess the income applying minimum wages matrix applicable in the particular State at the relevant time. 9. In the present case, the learned Claims Tribunal applied Minimum Wages Act 1948 which was irrelevant to assess the income of the deceased. The minimum wage admissible to an unskilled labourer in 4 the month of March 2021 was Rs.8,960/- and the learned Claims Tribunal should have taken that figure while computing the income of the deceased. 10. Taking into consideration the above-discussed facts, the income part of the deceased requires reconsideration and same is being revisited herein below:- Sr. No. Heads Compensation awarded by the Claims Tribunal Compensation awarded by this Court 1. Income as per minimum wages Rs.7,700/- per month Rs.8,960/- per month 2. Annual Income of the deceased Rs.7,700/- x 12 = Rs.92,400/- Rs.8,960/- x 12 = Rs.1,07,520/- 3. Deduction of 1/4th towards personal and living expenses Rs.92,400/- - Rs.23,100/-= Rs.69,300/- Rs.1,07,520/- - Rs.26,880/-= Rs.80,640/- 4. Future prospects @ 40% Rs.69,300/- + Rs.27,720/-= Rs.97,020/- Rs.80,640/- + Rs.32,256/-= Rs.1,12,896/- 5. Multiplier of 17 Rs.97,020/- x 17 = Rs.16,49,340/- Rs.1,12,896/- x 17 = Rs.19,19,232/- 6. Loss of consortium Rs.2,20,000/- Rs.2,20,000/- 7. Loss of estate Rs.16,500/- Rs.16,500/- 8. Funeral expenses Rs.16,500/- Rs.16,500/- Total : Rs.19,02,340/- Rs.21,72,232/- 11. In view of the aforesaid analysis, the amount of compensation of Rs.19,02,340/- awarded by the Claims Tribunal is enhanced to Rs.21,72,232/-. Hence, after deducting the amount of Rs.19,02,340/-, the appellants/claimants are entitled for an additional amount of Rs.2,69,892/-. The concerned respondent No. 3/Insurance Company is directed to deposit the amount of compensation as enhanced by this 5 Court within a period of 03 months from the date of receipt of copy of this judgment. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 12. In the result, the appeal is allowed in part with modification in the impugned award to the above extent. Sd/- (Rakesh Mohan Pandey) Judge vatti