1 2026:CGHC:19181 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1925 of 2019 1 - Ganesh Ram S/o Ram Prasad Patel Aged About 48 Years By Caste - Marar, R/o Village Godihari, Police Station And Tahsil Dabhara, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 2 - Sawan Bai W/o Ganesh Ram Aged About 45 Years By Caste - Marar, R/o Village Godihari, Police Station And Tahsil Dabhara, District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 3 - Ku. Janki D/o Ganesh Ram Aged About 19 Years By Caste - Marar, R/o Village Godihari, Police Station And Tahsil Dabhara, District Janjgir Champa Chhattisgarh. (Claimants), District : Janjgir-Champa, Chhattisgarh ... Appellants versus 1 - Ramesh Kumar S/o Janulal, R/o Plat No. 108, Vidyanagar, Saraswati Nagar, Athoda Layout, Near Ice Factory, Nagpur Maharashtra. Pin 440009 (Driver)., District : Nagpur, Maharashtra 2 - Gorakh Das Gatpayale C/o Sheikh Anwar, Sheikh Makbur, House No. 208, R/o Mahalgaon, Police Station Kamti Nagpur (Maharashtra) Pin 441404 (Owner)., District : Nagpur, Maharashtra 3 - I.C.I.C.I. Lombard General Insurance Company Limited Raipur, Chhattisgarh. (Insurer), District : Raipur, Chhattisgarh ... Respondent(s) For Appellants : Mr. Ishwar Jaiswal, Advocate. For Respondent No.3 : Mr. Varchasva Agrawal on behalf of Mr. Amrito Das, Advocate. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.04.25 19:09:13 +0530 2 (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 25/04/2026 1. The appellants/claimants have preferred this Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act, 1988’) calling in question the legality, validity and correctness of the award dated 26.9.2019 passed by the 1st Additional Motor Accident Claims Tribunal, Sakti, District Janjgir-Champa (for short ‘the Claims Tribunal’) in Claim Case No.30/2018 by which liability to pay compensation of Rs.7,50,400/- has been fastened on the Insurance Company. In the present Appeal, the appellants/claimants have prayed for enhancement of the compensation amount. 2. Mr. Ishwar Jaiswal, learned counsel for the appellants/claimants would submit that the Claims Tribunal was not justified in assessing the monthly income of the deceased at Rs.4,500/- and as per minimum wages at the relevant point of time, his monthly income should have been assessed at Rs.8,100/-. Learned counsel for the appellants further submits that towards loss of consortium, funeral expenses, loss of estate, etc. the Claims Tribunal has not awarded proper compensation. As such, the impugned award may be modified accordingly. 3. On the other hand, Mr. Varchasva Agrawal, learned counsel for respondent No.3 would support the impugned award. 3 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. After hearing learned counsel for the parties and after going through the record, this Court is of the opinion that the Claims Tribunal has wrongly assessed the monthly income of the deceased at Rs.4,500/- per month, whereas as per the minimum wages at the relevant point of time, monthly income of the deceased should have been assessed at Rs.8,100/-. Considering the facts and circumstances of the case and also in view of the minimum wages at the relevant point of time and that present is a death case, it would be appropriate to enhance award amount by taking monthly income of the deceased at Rs.8,100/-. As such, the claimants will be entitled for the following compensation as computed by this Court:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs.4,500/- + (40% future prospects) = Rs.6300/- - ½ (personal expenses) = Rs.3,150 x 12 = 37,800 x 18 = Rs.6,80,400/- Rs.8,100/- (as per minimum wages) + (40% future prospects) = Rs.11,340/- - ½ (personal expenses) = Rs.5670 x 12 = 68,040 x 18 = Rs.12,24,720/- 2. Loss of estate Rs.15,000/- Rs.18,000/- 3. Funeral expenses Rs.15,000/- Rs,18,000/- 4. Love & affection Rs.40,000/- Rs.48,000 x 3 = 4 (consortium) Rs.1,44,000/- Total Rs.7,50,400/- Rs.14,04,720/- 6. In view of the aforesaid analysis, the amount of compensation of ₹7,50,400/- awarded by the Claims Tribunal is enhanced to ₹14,04,720/-. Hence, after deducting the amount of ₹7,50,400/-, the claimants are held to be entitled to an additional amount of ₹6,54,320/-. The Insurance Company is directed to deposit the amount of compensation within a period of three months from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 8% 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. 7. With the aforesaid modifications, the Appeal is disposed of. Sd/- (Sanjay K. Agrawal) Judge Barve