1 2026:CGHC:19117 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1562 of 2019 1 - Smt. Roshni Bharti Wd/o - Late Shri Dilip Bharti Aged About 30 Years R/o - Village Jhanki, Tahsil And Police Station Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - Lekhram Bharti S/o - Late Dilip Bharti Aged About 11 Years Minor, Through Natural Guardian Mother Smt. Roshni Bharti, R/o- Village Jhanki, Tahsil And Police Station Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Lokeshwar Bharti S/o - Late Shri Dilip Bharti Aged About 8 Years Minor, Through Natural Guardian Mother Smt. Roshni Bharti, R/o- Village Jhanki, Tahsil And Police Station Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 4 - Aman Bharti S/o - Late Shri Dilip Bharti Aged About 3 Years Minor, Through Natural Guardian Mother Smt. Roshni Bharti, R/o- Village Jhanki, Tahsil And Police Station Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 5 - Ganeshu Bharti S/o - Late Shri Bhulau Bharti Aged About 55 Years R/o- Village Jhanki, Tahsil And Police Station Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 6 - Smt. Rameshari Bharti W/o - Shri Ganeshu Bharti Aged About 50 Years R/o- Village Jhanki, Tahsil And Police Station Abhanpur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ... Petitioners Versus 1 - Manoj Choudhary S/o - Mahendra Choudhary Aged About 30 Years R/o - Indra Nagar, Hathkhoj, Nearby Hanuman Mandir, Police Station Bhailai-03, District Durg Chhattisgarh (Driver Of Offending Vehicle Truck Bearing Registration No. C.G.-04-Je-0552), District : Durg, Chhattisgarh 2 - Manoj Agrawal S/o - Late K.K. Agrawal Aged About 45 Years R/o - Sadak No. 36, Plot 39 , Vivekanand Colony, Shanti Nagar, Bhailai, Police Station Supela, District Durg Chhattisgarh (Registered Owner Of Offending Vehicle Truck Bearing Registration No. C.G.-04-Je-0552), District : Durg, Chhattisgarh SAIFAN KHAN Digitally signed by SAIFAN KHAN 2 3 - United India Insurance Company Limited, Through Divisional Manger United India Insurance Company Limited, Kachahari Chowk, Jail Road, Raipur Chhattisgarh ( Insurer Of Offending Vehicle Car Bearing Registration No. C.G.-04-Lf-9002), District : Raipur, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. Rekhraj Baghel and Mr. BL Sahu, Advs. For Respondent No.3 : Mrs. Swati Agrawal, Advocate on behalf of Mr. Pankaj Agrawal, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 25.04.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellants seeking enhancement of amount of compensation, challenging the impugned award dt. 14.12.2018, whereby learned Claims Tribunal has awarded a total sum of Rs.12,79,600/- as compensation to the claimants. 2. Learned counsel for the appellants would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. Claims Tribunal erred in assessing income of deceased as Rs.6000/- per month which should be Rs.8320/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Even on the heads of loss of estate, loss of consortium and funeral expenses just and proper amount has not been awarded and same are liable to be enhanced accordingly. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3 3. Learned counsel for the respondent-Insurance Company would submit that the appellants have failed to prove nature of occupation and income of the deceased by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 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. Learned Claims Tribunal assessed the monthly income of deceased to be Rs.6000/-, 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 should be Rs.8320/- PM (as per minimum wages prescribed at relevant time). Even, on the heads of loss of estate, funeral expenses and heads of loss of consortium to the appellants Rs.15,000/-, Rs.15,000/- and Rs.40,000/- respectively have only been awarded, but it ought to have been awarded Rs.16,500/-, Rs.16,500/- and Rs.44,000/- X 6 = Rs.2,64,000/- respectively for all the appellants. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi 1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 4 Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs.6000/- x 12 = Rs.72,000/- Rs.8320/- x 12 = Rs.99,840/- 2 Future Prospect 40% (i.e. Rs.28,800/- = Rs.1,00,800/- (+) 40% (i.e. Rs. 39,936/-) = Rs.1,39,776/- 3. Deduction (-) 1/4 = (i.e. Rs.25,200/-) Rs.75,600/- (-) ¼ (i.e. Rs.34,944/-) = Rs.1,04,832/- 4. Multiplier (x) 16 = Rs.12,09,600/- (x) 16 = Rs.16,77,312/- 5. Loss of Estate Rs.15,000/- Rs.16,500/- 6. Funeral Expenses Rs.15,000/- Rs.16,500/- 7. Loss of Consortium Rs.40,000/- Rs.44,000/- X 6 = Rs.264000/- Total Rs.12,79,600/- Rs.19,74,312/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.12,79,600/- awarded by the Claims Tribunal is enhanced to Rs.19,74,312/-. Hence, after deducting the amount of Rs.12,79,600/-, the appellants are held entitled for an additional amount of Rs.6,94,712/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of 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. 3 (2018) 18 SCC 130 5 Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. sd/- (Sanjay K. Agrawal) Judge s@if