1 2026:CGHC:20656 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2258 of 2019 1 - Vijay Lal Sidar, S/o. Santram, Aged About 50 Years, Caste Gond, R/o. Belchuan, Police Station And Tahsil Sakti, District Janjgir-Champa, Chhattisgarh, At Present R/o. Village Ratakhar, Korba, Tahsil And District Korba, Chhattisgarh. 2 - Smt. Prembai Sidar, W/o. Vijay Lal Sidar, Aged About 48 Years, R/o. Belchuan, Police Station And Tahsil Sakti, District Janjgir-Champa, Chhattisgarh, At Present R/o. Village Ratakhar, Korba, Tahsil And District Korba, Chhattisgarh. ... Appellants versus 1 – Ramdas, S/o. Nanhe Das, Aged About 30 Years, R/o. Near Bajrang Bali Mandir, Korba, Tahsil And District Korba, Chhattisgarh. (Vehicle Driver). 2 - Jagdev Singh, S/o. Nirmal Singh, R/o. Indira Commercial Premises, T.P. Nagar, Korba, Tahsil And District Korba, Chhattisgarh. (Vehicle Owner) 3 - The New India Insurance Company Limited, Through The Divisional ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.05.04 16:56:42 +0530 2 Manager, The New India Insurance Company Limited, Office SADA Complex, Taxi Stand, T.P. Nagar, Korba, District Korba, Chhattisgarh. ... Respondents For Appellants : Mr. Aditya Khare, Advocate For Respondent No.3 : Mrs. Swati Agrawal, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 04.05.2026 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 20.06.2019 passed by learned Motor Accident Claims Tribunal, Korba in M.A.C.T. Case No.90/2018, by which the claim application of the claimants has been allowed and an amount of compensation to the tune of Rs. 10,88,400/- has been awarded to the claimants for the death of Chandrika Sidar, aged about 24 years, at the time of accident. 2. Appellants, who are father & mother of deceased Chandrika Sidar, 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. 51,50,000/- pleading 3 therein that on the date of accident, deceased Chandrika Sidar, aged about 24 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 Chandrika Sidar died in the accident arising out of rash & negligent driving of the offending vehicle driven by respondent No.1, owned by respondent No.2 and insured by respondent No.3 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. 10,88,400/- with interest @ 7% per annum from the date of filing of claim application. 4. Mr. Aditya Khare, learned counsel for the appellants, would 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.7,000/- per month, which ought to have been Rs. 8,100/- per month, as per the Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh as the deceased was working as Mason. Therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal be enhanced suitably. 4 5. Mrs. Swati Agrawal, learned counsel for the respondent No.3/ 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. 7. Learned Claims Tribunal has assessed the monthly income of deceased Chandrika Sidar to be Rs. 7,000/- 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. 8,100/- 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 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 5 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. 7,000/- per month Rs. 7,000 x 12 = 84,000/- per annum Rs. 8,100 per month Rs. 8,100 x 12 = Rs. 97,200 per annum Add future prospects @ 40% Rs. 84,000 + Rs. 33,600 = Rs. 1,17,600/- Rs. 97,200 + Rs. 38,880 = Rs. 1,36,080/- Deduction of ½ towards personal expenses Rs. 1,17,600 – 58,800 = Rs.58,800/- Rs. 1,36,080 – 68,040 = Rs. 68,040/- Multiplier of 18 Rs. 58,800 x 18 = Rs. 10,58,400/- Rs. 68,040 x 18 = Rs. 12,24,720/- Loss of consortium Nil Rs. 80,000/- (40,000 x 2) Loss of Estate Rs. 15,000/- Rs. 15,000/- Funeral Expenses Rs. 15,000/- Rs. 15,000/- Total Rs. 10,88,400/- Rs. 13,34,720/- 8. In view of the aforesaid analysis, the amount of compensation of Rs. 10,88,400/- awarded by the Claims Tribunal is enhanced to Rs. 13,34,720/-. Hence, after deducting the amount of Rs. 10,88,400/- already awarded by the Claims Tribunal, the appellants are entitled for an additional amount of Rs.2,46,320/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days. The additional 3 (2018) 18 SCC 130 6 amount of compensation shall carry interest @ 7% 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