1 2026:CGHC:16130 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 283 of 2020 1 - Smt. Basanta Hansha, Wd/o. Late Suresh Hansha, Aged About 40 Years, R/o. Village Ichhapur, Police Station Saraipali, District Mahasamund, Chhattisgarh. 2 – Kishan, S/o. Late Suresh Hansha, Aged About 15 Years, Minor, Through Natural Guardian Mother, R/o. Village Ichhapur, Police Station Saraipali, District Mahasamund, Chhattisgarh. 3 - Ku. Prachi Hansha, D/o. Late Suresh Hansha, Aged About 12 Years, Minor, Through Natural Guardian Mother, R/o. Village Ichhapur, Police Station Saraipali, District Mahasamund, Chhattisgarh. 4 - Ku. Pratima Hansha, S/o. Late Suresh Hansha, Aged About 10 Years, Minor, Through Natural Guardian Mother, R/o. Village Ichhapur, Police Station Saraipali, District Mahasamund, Chhattisgarh. (Claimants) --- Appellants versus ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.04.09 13:50:55 +0530 2 1 - Gulam Rasul, S/o. Kamaluddin, Aged About 42 Years, R/o. G.C.R.C. Ghat Road, Howrah, Calcutta, Police Station Shivpur, District Calcutta, West Bengal. (Driver Of Offending Vehicle) 2 - Mohd. Mukhtar Alam, S/o. Mohd. Munir, Aged About 53 Years, R/o. Khouraghat Road, Howrah, District Calcutta, West Bengal. (Owner Of Offending Vehicle) 3 - National Insurance Company Limited, Naveen Bazar Complex G.E. Road Phool Chowk (Near Vithal Chowk), Raipur, District Raipur, Chhattisgarh. (Insurer Of Offending Vehicle) --- Respondents For Appellants : Mr. T.K.Jha, Advocate For Respondent No.3 : Mr. Akash Shrivastava, Advocate on behalf of Mr. R.N.Pusty, Advocate & MAC No. 385 of 2020 National Insurance Company Ltd. Raipur, District Raipur, Chhattisgarh, Through - Its T.P. Hub Incharge, Office - Vyapar Vihar Road, Above Canara Bank, Bilaspur 495001, District : Raipur, Chhattisgarh ---Appellant Versus 1 - Smt. Basanta Hansa, Widow Of Late Suresh Hansa, Aged About 40 Years, Resident Of Village Ichhapur, Police Station Saraipali, District Mahasamund, Chhattisgarh. 3 2 – Kishan, S/o. Late Suresh Hansa, Aged About 15 Years, Minor, Represented Through Mother And Natural Guardian Smt. Basanta Hansa, Wd/o. Late Suresh Hansa, Aged 40 Years, Resident Of Village Ichhapur, Police Station Saraipali, District Mahasamund, Chhattisgarh 3 - Kumari Prachi Hansa, D/o. Late Suresh Hansa, Aged About 12 Years, Minor, Represented Through Mother And Natural Guardian Smt. Basanta Hansa, Wd/o. Late Suresh Hansa, Aged 40 Years, Resident Of Village Ichhapur, Police Station Saraipali, District Mahasamund, Chhattisgarh. 4 - Kumari Pratima Hansa, D/o. Late Suresh Hansa, Aged About 10 Years, Minor, Represented Through Mother And Natural Guardian Smt. Basanta Hansa, Wd/o. Late Suresh Hansa, Aged 40 Years, Resident Of Village Ichhapur, Police Station Saraipali, District Mahasamund Chhattisgarh. …..Claimants 5 - Gulam Rasul, S/o. Kamaluddin, Aged About 42 Years, R/o. 10 GCRC Ghat Road, Howrah, Kolkata, Police Station Shivpur, District Kolkata, West Bengal. ….. Driver 6 - Mohammed Mukhtar Alam, S/o. Mohammed Munir, Aged About 53 Years, R/o. Khairaghat Road, Howrah, District - Kolkata, West Bengal. …...(Owner) --- Respondents For Appellant : Mr. Akash Shrivastava, Advocate on behalf of Mr. R.N.Pusty, Advocate For Respondents No.1 to 4 : Mr. T.K.Jha, Advocate 4 (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 08.04.2026 1. Against the impugned award dated 30.10.2019 passed by the learned Additional Motor Accident Claims Tribunal, Saraipali, District Mahasamund in Claim Case No.39/2017, the claimants have preferred MAC No.283/2020 seeking enhancement of the amount of compensation and the insurance company has preferred MAC No.385/2020 questioning the liability to pay the amount of compensation. Therefore, both the appeals are clubbed together, heard together and disposed of by this common order. 2. Mr. Akash Shrivastava, learned counsel appearing for the insurance company, would submit that the owner of the offending vehicle did not have valid permit to ply the vehicle at the time of accident, therefore, the insurance company is not liable to pay the amount of compensation. 3. Mr. T.K.Jha, learned counsel for the appellants/claimants, would support the impugned award and submit that the amount of compensation deserves to be enhanced. 5 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records meticulously. 5. Though, it is submitted by the insurance company that the owner of the offending vehicle did not have valid permit to ply the vehicle at the time of accident, but no witness has been examined in this behalf, therefore, I do not find any merit in the appeal filed by the insurance company, the same is liable to be and hereby dismissed. 6. Learned Claims Tribunal has assessed the income of deceased Suresh Hansha to be Rs. 5,000/- per month, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased ought to have been taken as Rs. 9,230/- per month. Accordingly, this Court is recomputing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 5,000/- per month i.e. Rs. 60,000/- per annum Rs. 9,230/- per month i.e. Rs. 1,10,760/- per annum Future prospects Nil Add: 25% of Rs. 1,10,760 i.e. 27,690 = Rs. 1,38,450/- Deduction of 1/4 towards personal expenses Rs. 60,000 – 15,000 = 45,000/- Rs. 1,38,450 - 34,612 = 1,03,838/- 6 Multiplier of 13 Rs. 45,000 x 13 = Rs. 5,85,000/- Rs. 1,03,838 x 13 = Rs. 13,49,894/- Loss of Estate & Funeral Rs. 30,000/- Rs. 30,000/- Love & Affection etc. (spousal & parental consortium) Rs. 40,000/- (only spousal consortium was awarded) Rs. 40,000 x 4 = Rs. 1,60,000/- Total Award Rs. 6,55,000/- Rs. 15,39, 894/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 6,55,000/- awarded by the Claims Tribunal is enhanced to Rs. 15,39,894/-. Hence, after deducting the amount of Rs. 6,55,000/- already awarded, the claimants are entitled for an additional amount of Rs. 8,84,894/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days. The additional amount of compensation shall carry interest @ 6% 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. 8. Accordingly, the appeal of the insurance company is dismissed and the appeal of the claimants is partly allowed. The impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok