1 2026:CGHC:19934 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1841 of 2019 1 - Khurshed Ali S/o Late Shri Ahmed Ali Aged About 42 Years R/o Village Maucha, Post Kamhariya, Police Station And Tahsil Maudha District Hamirpur (Up) At Present R/o Somwari Bajar, Dipka, Tahsil Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh 2 - Nafisa Bibi W/o Khurshed Ali Aged About 40 Years R/o Village Maucha, Post Kamhariya, Police Station And Tahsil Maudha District Hamirpur (Up) At Present R/o Somwari Bajar, Dipka, Tahsil Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh 3 - Nasib Ali S/o Khurshed Ali Aged About 16 Years (Minor) Through Legal Natural Guardian Father Khurshed Ali, Son Of Late Ahmed Ali, Aged About 42 Years, R/o Village Maucha, Post Kamhariya, Police Station And Tahsil Maudha District Hamirpur (Up) At Present R/o Somwari Bajar, Dipka, Tahsil Katghora, District Korba Chhattisgarh. (Claimants), District : Korba, Chhattisgarh ... Appellants versus 1 - Sainullah Khan S/o Shahir Alam Khan Aged About 50 Years At Present Resident Of Vardhaman Road, Lines Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Baljit Singh Domir S/o Variyam Singh Domir R/o Quarter No. H.I.G. 35, Arya Colony, Tifra Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - New India Insurance Company Ltd. Through Divisional Managar, New India Insurance Company Ltd. Division Office T.P. Nagar, Korba, Tahsil And District Korba Chhattisgarh., District : Korba, Chhattisgarh ... Respondent(s) KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.04.30 10:48:12 +0530 2 For Appellants : Mr. P. Acharya, Advocate. For Respondent No.3 : Ms. Swati Agrawal on behalf of Mr. Pankaj Agrawal, Advocate. (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 29/04/2026 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 22.4.2019 passed by the Additional Claims Tribunal to the Court of Upper Motor Accident Claims Tribunal, Katghora, District Korba (for short ‘the Claims Tribunal’) in Claim Case No.35/2017 by which liability to pay compensation of Rs.10,04,997/- has been fastened on the Insurance Company. In the present Appeal, the appellants/claimants have prayed for enhancement of the compensation amount. 2. Mr. P. Acharya, 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.6,206/- inasmuch as the deceased was working as Supervisor in the Transport Company and was earning Rs.10,000/- per month and as per minimum wages at the relevant point of time, his monthly income should have been assessed at Rs.6,245/-. As such, the impugned award may be modified accordingly. 3 3. On the other hand, Ms. Swati Agrawal, 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.6,206/- 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.6,245/-. 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.6,245/-. 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.6,206/- Rs.6,245/- 2. Future prospects 40% 40% 3. Yearly income Rs.6,206/- + Rs.2,482/- = Rs.8,688/- x 12 =Rs.1,04,260/- Rs.6,245/- + Rs.2,498 = Rs.8,743 x 12 = Rs.1,04,916/- 4. Deduction ½ (Rs.52,128/- ½ (Rs. 52,458) 5. Yearly income after deduction Rs.1,04,260 – Rs.52,130 = Rs.1,04,916 – 52,458 = 4 Rs.52,130/- Rs.52,458/- 6. Multiplier 18 Rs.52,130 x 18 = Rs.9,38,347/- Rs.52,458 x 18 = Rs.9,44,244/- 7. Medical expenses Rs.31,650/- Rs.31,650/- 8. Loss of estate - Rs.15,000/- 9. Funeral expenses Rs.15,000/- Rs.15,000/- 10. Loss of consortium Rs.20,000/- Rs.40,000/- x 2 = Rs.80,000/- Total Rs.10,04,997/- Rs.10,85,894/- 6. In view of the aforesaid analysis, the amount of compensation of ₹10,04,997/- awarded by the Claims Tribunal is enhanced to ₹10,85,894/-. Hence, after deducting the amount of ₹10,04,997/-, the claimants are held to be entitled to an additional amount of ₹80,897/-. 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 @ 9% 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