1 2026:CGHC:20144 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 784 of 2020 1 - Saraswati Khande, W/o. Late Madan Khande, Aged About 37 Years, R/o. Village Badikoni, Ward No. 2, Koni, Police Station Koni, Tehsil And District Bilaspur, Chhattisgarh, Presently R/o. Chantideh Ramayan Chowk, Police Station Sarkanda, Tehsil And District Bilaspur, Chhattisgarh 2 - Ritesh Khande, S/o. Late Madan Khande, Aged About 14 Years, Minor Through Their Natural Guardian Saraswati Khande, W/o. Late Madan Khande, Age 37 Years, R/o. Village Badikoni, Ward No. 2, Koni, Police Station Koni, Tehsil And District Bilaspur, Chhattisgarh, Presently R/o. Chantideh, Ramayan Chowk, Police Station Sarkanda, Tehsil And District Bilaspur, Chhattisgarh 3 - Chandramani Khande, S/o. Late Madan Khande, Aged About 10 Years, Minor Through Their Natural Guardian Saraswati Khande, W/o. Late Madan Khande, Age 37 Years, R/o. Village Badikoni, Ward No. 2, Koni, Police Station Koni, Tehsil And District Bilaspur, Chhattisgarh, Presently R/o. Chantideh, Ramayan Chowk, Police Station Sarkanda, Tehsil And District Bilaspur, Chhattisgarh ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.04.30 17:50:02 +0530 2 4 - Sonakshi Khande, S/o. Late Madan Khande, Aged About 7 Years, Minor Through Their Natural Guardian Saraswati Khande, W/o. Late Madan Khande, Age 37 Years, R/o. Village Badikoni, Ward No. 2, Koni, Police Station Koni, Tehsil And District Bilaspur, Chhattisgarh, Presently R/o. Chantideh, Ramayan Chowk, Police Station Sarkanda, Tehsil And District Bilaspur, Chhattisgarh 5 - Sakshi Khande, S/o. Late Madan Khande, Aged About 5 Years, Minor Through Their Natural Guardian Saraswati Khande, W/o. Late Madan Khande, Age 37 Years, R/o. Village Badikoni, Ward No. 2, Koni, Police Station Koni, Tehsil And District Bilaspur, Chhattisgarh, Presently R/o. Chantideh, Ramayan Chowk, Police Station Sarkanda, Tehsil And District Bilaspur, Chhattisgarh 6 - Himanshu Khande, S/o. Late Madan Khande, Aged About 3 Years, Minor Through Their Natural Guardian Saraswati Khande, W/o. Late Madan Khande, Age 37 Years, R/o. Village Badikoni, Ward No. 2, Koni, Police Station Koni, Tehsil And District Bilaspur, Chhattisgarh, Presently R/o. Chantideh, Ramayan Chowk, Police Station Sarkanda, Tehsil And District Bilaspur, Chattisgarh (Saibeen Khande W/o Sukhnath Khande Age 58 Years Died) 7 - Sukhnath Khande, S/o. Late Faguva Khande, Aged About 68 Years, R/o. Village Badikoni, Ward No. 2, Koni, Police Station Koni, Tehsil And District Bilaspur, Chhattisgarh, Presently R/o. Chantideh, Ramayan Chowk, Police Station Sarkanda, Tehsil And District Bilaspur, Chhattisgarh ... Appellants 3 versus 1 - Prayas Kumar Sonkar, S/o. Daya Ram Sonkar, Aged About 28 Years, R/o. Village Mehmad, Ward No. 7, Police Station Torva, Tehsil And District Bilaspur, Chhattisgarh 2 - Branch Manager, Royal Sundaram General Insurance Company Limited, Branch Office, First Floor UTI Bank Jeevan Beema Marg Pandri Raipur, Tehsil And District Raipur, Currently R/o. Jai Stambh Chowk, Raipur, Tehsil And District Raipur, Chhattisgarh ... Respondents For Appellants : Mr. Ghanshyam Patel, Advocate For Respondent No.1 : Mr. G.V.K.Rao, Advocate For Respondent No.2 : Mr. Anupam Dubey, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 30.04.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/ claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 31.10.2019 passed by learned Seventh Additional Motor Accident Claims Tribunal, Bilaspur, in Claim Case No.309/2018, by which the claim application of the claimants has been allowed and an amount of compensation to the tune of Rs. 13,39,600/- has been 4 awarded to the claimants for the death of Madan Khande, aged about 39 years, at the time of accident. 2. Appellants, who are wife, five children and father of deceased Madan Khande, filed an application under Section 166 of the Act of 1988 before the Motor Accident Claims Tribunal (for brevity “Claims Tribunal”) seeking compensation to the tune of Rs. 50,13,000/- pleading therein that on the date of accident, deceased Madan Khande, aged about 39 years, was sole bread earner of the family and on account of his untimely death in the accident, the appellants have suffered economical and psychological difficulties. 3. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that deceased Madan Khande died in the accident arising out of rash & negligent driving of the offending vehicle driven & owned by respondent No.1 and insured by respondent No.2 herein. Breach of conditions of insurance policy was not found to be proved and after calculating the amount of compensation, the learned Claims Tribunal has awarded Rs. 13,39,600/- with interest @ 8% per annum from the date of filing of claim application. 4. Mr. Ghanshyam Patel, learned counsel for the appellants, would submit that the deceased was semi-skilled labour as per the 5 statement of Saraswati Khande, wife of deceased, which remained uncontroverted in the cross-examination. He would further submit that the learned Claims Tribunal has awarded very meager amount, as the Claims Tribunal erred in assessing the income of deceased to be Rs.6,000/- per month, which ought to have been Rs. 8,580/- per month, as per the Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh for semi- skilled labour. Therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal be enhanced suitably. 5. Mr. G.V.K. Rao, learned counsel for the respondent No.1 (driver/ owner) and Mr. Anupam Dubey, learned counsel for the respondent No.2/insurance company, would submit that the appellants have failed to prove the exact income of deceased by producing clinching and admissible piece of evidence, hence, the learned Claims Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the learned Claims Tribunal is just and proper, which does not call for any interference. 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 6 7. Learned Claims Tribunal has assessed the monthly income of deceased Madan Khande to be Rs. 6,000/- 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 should be Rs. 8,580/- per month, as he was semi-skilled labour. 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 Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is re- computing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 6,000/- per month i.e. Rs. 72,000/- per annum (6000 x 12) Rs. 8,580 per month i.e. Rs. 1,02,960 per annum (8,580 x 12) Add future prospects @ 40% Rs. 72,000 + Rs. 28,800 = Rs. 1,00,800/- Rs. 1,02,960 + Rs. 41,184 = Rs. 1,44,144/- Deduction towards personal expenses 1/5th Rs. 1,00,800 – 20,160 = Rs.80,640/- Rs. 1,44,144 – 28,828 = Rs. 1,15,316/- Multiplier of 15 Rs. 80,640 x 15 = Rs. 12,09,600/- Rs. 1,15,316 x 15 = Rs. 17,29,740/- Loss of consortium to appellant No.1 Rs. 1,00,000/- Rs. 48,000 x 7 = Rs. 3,36,000/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 7 Loss of Estate Rs. 15,000/- Rs. 18,000/- Funeral Expenses Rs. 15,000/- Rs. 18,000/- Total Rs. 13,39,600/- Rs. 21,01,740/- 8. In view of the aforesaid analysis, the amount of compensation of Rs. 13,39,600/- awarded by the Claims Tribunal is enhanced to Rs. 21,01,740/-. Hence, after deducting the amount of Rs. 13,39,600/- already awarded by the Claims Tribunal, the appellants are entitled for an additional amount of Rs.7,62,140/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three months. 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. 9. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok