MAC/2344/2025 of LALO EKKA Vs ANMOL NAGVANSHI on 28 September 2026

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 18.06.2025, passed in Claim Case No. 189/2024, whereby the learned Claims Tribunal has awarded a total sum of Rs.13,59,360/- as compensation for the death of Amish Ekka, who died in a road accident which took place on 08.03.2024.

2. Learned counsel for the appellants submits that the learned Claims Tribunal has erred in awarding lesser compensation in the facts and circumstances of the case. It is contended that the learned Claims Tribunal wrongly assessed the income of the deceased at Rs. 7,800/- per month, whereas it ought to have been taken at Rs. 10,100/- per month in accordance with the Chhattisgarh Minimum Wages Notification issued by the Office of the Labour Commissioner, Chhattisgarh. It is, therefore, prayed that the instant appeal be allowed and the compensation awarded by the learned Claims Tribunal be suitably enhanced.

3. Learned counsel for respondent No.3/insurance company would submit that the Claims Tribunal after appreciating oral and documentary evidence available on record rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference.

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. The learned Claims Tribunal assessed the monthly income of the deceased at Rs. 7,800/-. However, in the opinion of this Court, in view of the Chhattisgarh Minimum Wages Notification issued by the Office of the Labour Commissioner, Chhattisgarh, the monthly income of the deceased ought to have been assessed at Rs. 10,100/-, being the minimum wages prescribed for the relevant period i.e, 08.03.2024, date of accident. Further, the learned Claims Tribunal, considering the fact that the deceased was unmarried and aged about 19 years at the time of the accident and having regard to the number of claimants, i.e., three, added 40% towards future prospects, deducted 1/2 of the income towards the personal and living expenses of the deceased, and applied a multiplier of 18. The aforesaid method of computation is found to be just and proper. Under the conventional heads, the learned Claims Tribunal awarded a sum of Rs. 1,80,000/-, which is also found to be just and proper. Accordingly, the impugned award warrants modification to the extent of re-assessment of the monthly income of the deceased from Rs. 7,800/- to Rs. 10,100/-.

6. 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 & Ors3, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court

Income Rs. 7,800 x 12 = 93,600/- Rs. 10,100 x 12 = 1,21,200/-

2. Future prospect (+)40%

(i.e.

Rs. 37,440) = 1,31,040/- (+)40%

(i.e.

Rs. 48,480) = 1,69,680/-

3. Deduction (-) 1/2 (i.e. 65,520) = 65,520/- (-) 1/2 (i.e. 84,840) = 84,840/-

4. Multiplier

(x) 18 = 11,79,360/-

(x) 18 = 15,27,120/-

(2017) 16 SCC 680

(2009) 6 SCC 121

(2018) 18 SCC 130

Other conventional heads Rs.1,80,000/- (18,000+18,000+1,44 ,000)

Rs.1,80,000/- (18,000+18,000+1,44 ,000) Total Rs. 13,59,360/- Rs. 17,07,120/-

7. In view of the aforesaid analysis, the amount of compensation of Rs.13,59,360/- awarded by the Claims Tribunal is enhanced to Rs.17,07,120/-. Hence, after deducting the amount of Rs.13,59,360/-, the appellants are held entitled for an additional amount of Rs.3,47,760/-. The additional amount of compensation shall carry interest @ 6% per annum from filing of the claim application before the Claims Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact.

8. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above.

9. The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the concerned Tribunal. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides.

Sd/- (Sanjay Kumar Jaiswal) Judge $ourabh