1 2026:CGHC:19653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1044 of 2020 1 - Mahendra Sahu S/o Late Bhavdatt Sahu, Aged About 49 Years R/o Village Karmanda, Ward No.3, Police Station Baloda, District Janjgir Champa Chhattisgarh..................Claimant, 2 - Rudreshwari Sahu W/o Mahendra Sahu, Aged About 43 Years R/o Village Karmanda, Ward No.3, Police Station Baloda, District Janjgir Champa Chhattisgarh..................Claimant, 3 - Rahul Sahu, S/o Mahendra Sahu Aged About 16 Years Through Natural Guardian Father Namely Mahendra Sahu S/o Late Bhavdatt Sahu, Aged About 49 Years, R/o Village Karmanda, Ward No.3, Police Station Baloda, District Janjgir Champa Chhattisgarh..................Claimant, ... Appellants versus 1 - Gangaram Dhivar S/o Late Gurmukh, Aged About 50 Years R/o Bhojpur Champa, Tahsil Champa, District Janjgir Champa Chhattisgarh....................Driver Of Vehicle No. C.G.10/R/1825, 2 - Shri Ram Construction Company (S.R.P.), Gopal Shitgrih, Manendragarh Mahuapara, Ward No.10, Manendragarh, District Koriya Chhattisgarh...................Owner Of Vehicle No.C.G.10/R/1825, 3 - The Cholamandalam General Insurance Company Limited, Through Branch Manager R/o Vyapar Vihar, Bilaspur, District Bilaspur Chhattisgarh ... Respondent(s) KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.04.29 12:50:12 +0530 2 For Appellants : Mr. Kabir Kalwani appears on behalf of Mr. Anurag Singh, Advocate. For Respondents 1 & 2 : Mr. Sourav Agrawal appears on behalf of Mr. Ratnesh Kumar Agrawal, Advocate. For Respondent No.3 : Mr. Ghanshyam Patel, Advocate. (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 28/04/2026 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 3.5.2019 passed by the Motor Accident Claims Tribunal, Janjgir-Champa (for short ‘the Claims Tribunal’) in Claim Case No.98/2018 by which liability to pay compensation of Rs.8,35,000/- has been fastened on the respondents. In the present Appeal, the appellants/claimants have prayed for enhancement of the compensation amount. 2. Mr. Kabir Kalwani, learned counsel for the appellants/claimants would submit that the amount towards future prospects has not been awarded and monthly income of the deceased has been assessed at Rs.7,500/-, which is on the lower side whereas, as per the minimum wages, monthly income of the deceased ought to have been assessed at Rs.8,580/-. As such, the impugned award may be modified accordingly. 3 3. On the other hand, Mr. Sourav Agrawal, learned counsel for respondents No.1 & 2 and Mr. Ghanshyam Patel, learned counsel for respondent No.3 would support the impugned award. 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.7,500/- 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.8,580/-. Considering the facts and circumstances of the case and also in view of the minimum wages at the relevant point of time, it would be appropriate to enhance award amount by taking monthly income of the deceased at Rs.8,580/-. 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. Yearly Income Rs.7500 x 12 = Rs.90,000/- Rs.8,580/- x 12 = Rs.1,02,960/- 2. Future prospects - Rs.1,02,960/- x 40% = Rs.41,184/-, income after future prospects 4 Rs.1,44,144/- 3. Deduction ½ personal expenses Rs.90,000/- - Rs.45,000/- = Rs.45,000/- Rs.1,44,144/- x ½ = Rs.72,072/- 4. Dependency 17 (multiplier) Rs.45,000/- x 17 = Rs.7,65,000/- Rs.72,072/- x 17 = Rs.12,25,224/- 5. Funeral expenses, loss of estate, loss of love and affection Rs.70,000/- Rs.15,000/- + Rs.15,000/- + Rs.1,20,000/- Total Rs.8,35,000/- Rs.13,75,224/- 6. In view of the aforesaid analysis, the amount of compensation of ₹8,35,000/- awarded by the Claims Tribunal is enhanced to ₹13,75,224/-. Hence, after deducting the amount of ₹8,35,000/-, the claimants are held to be entitled to an additional amount of ₹5,40,224/-. The respondents are directed to deposit the amount of compensation within a period of 45 days 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