1 2026:CGHC:18738 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1651 of 2019 1 - Abhay Gawde S/o Balkrishna Aged About 61 Years R/o A-8/6 Greenbetal Deepak Nagar, Durg, Police Station Mohan Nagar, Durg, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 2 - Nirmala Gawde W/o Abhay Gawde Aged About 62 Years R/o A-8/6 Greenbetal Deepak Nagar, Durg, Police Station Mohan Nagar, Durg, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Appellants versus 1 - Laxman Bathal S/o Chandrakant Bathal Aged About 32 Years R/o Dhargaon, Police Station And Tahsil Sangamner, District Ahmadnagar, (M. S.) .... Driver, District : Ahmadnagar, Maharashtra 2 - Rajendra Kumar Rode R/o Through Nandur Khandarmal Sangamner, Police Station And Tahsil Sangamner, District Ahmadnagar (M.S.) ... Owner, District : Ahmadnagar, Maharashtra 3 - The New India Insurance Co. Ltd Through Divisional Manager, Chouhan, Estate (Towers) Behind Chandra Mourya, G. E. Road Supela, HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.04.24 11:08:36 +0530 2 Police Station Supela Bhilai, Tahsil And District Durg Chhattisgarh ... Insurer, District : Durg, Chhattisgarh 4 - Supreet Gawde W/o Late Harshad Gawde Aged About 29 Years R/o A 8/6, Greenbetal Deepak Nagar, Durg, Police Station Mohan Nagar, Durg, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Respondent(s) For Appellants : Mr. P.R. Patankar, Advocate For Respondent No. 3 : Mr. B.N. Nande, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 23.04.2026 1. The instant appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellants/claimants against the impugned award dated 28/03/2019 (Annexure A/1) passed by learned 3rd Additional Motor Accident Claims Tribunal, Durg in Claim Case No. 62/2018 seeking enhancement of compensation awarded by the Claims Tribunal for the death of Harshad Gawde, aged about 29 years. 2. Learned counsel for the appellants/claimants would submit that the Claims Tribunal has wrongly assessed the monthly income of the deceased as Rs. 8,000/- whereas as per the minimum wage 3 notification prevailing at the time of the accident, the monthly income of the deceased should be Rs. 9,750/-. The Claims Tribunal has further erred in not granting any compensation under future prospect and moreover, the Claims Tribunal has only granted Rs. 40,000/- under loss of consortium whereas it ought to have granted Rs. 40,000/- x 3 = Rs. 1,20,000/- under loss of consortium, therefore, the amount of compensation may suitably be enhanced. 3. Learned counsel for respondent No. 3/Insurance Company would support the impugned award and submit that the compensation awarded by the Claims Tribunal is just and proper and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 5. A careful perusal of the award would show that the Claims Tribunal has assessed the monthly income of the deceased as Rs. 8,000/-, however, it should be Rs. 9,750/- as per the minimum wage notification at the time of the accident and further the Claims Tribunal has erred in not adding future prospect into the income of the deceased and only Rs. 40,000/- 4 has been granted under loss of consortium whereas Rs. 1,20,000/- ought to have been granted. 6. In view of the aforesaid, compensation is calculated below :- Heads of Compensation Compensation awarded by the Tribunal Compensation awarded by this Court Income Rs. 8,000/- x 12 = Rs. 96,000/- Rs. 9,750/- x 12 = Rs. 1,17,000/- Future Prospect NIL (+) 40% i.e. Rs. 46,800/- = Rs.1,63,800/- Deduction towards Personal Expenses (-) 1/3 = Rs. 89,600/- (-) 1/3 = Rs. 1,09,200/- Multiplier (x) 17 = Rs. 15,23,200/- (x) 17 = Rs. 18,56,400/- Loss of Consortium Rs. 40,000/- Rs. 40,000/- X 3 = Rs. 1,20,000/- Funeral Expenses Rs. 15,000/- Rs. 15,000/- Loss of Estate Rs. 15,000/- Rs. 15,000/- Total Rs. 15,93,200/- Rs. 20,06,400/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 15,93,200/- awarded by the Claims Tribunal is enhanced to Rs. 20,06,400/-. Hence, the appellants/claimants are held entitled for an additional compensation of Rs. 4,13,200/-. Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months from the date of receipt 5 of copy of this order. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal i.e. 22/01/2018 till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet