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 22.07.2023, passed in Claim Case No. 10/2022, whereby the learned Claims Tribunal has awarded a total sum of Rs.17,81,480/- as compensation for the death of Sandeep Kumar, who died in a road accident which took place on 27.11.2021.

2. Learned counsel for the appellant 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. 9,280/- 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, as per the Chhattisgarh Minimum Wages Notification issued by the Office of the Labour Commissioner, Chhattisgarh, the monthly income of the deceased should be Rs. 9,280/- (being the minimum wages prescribed at the relevant time). Further, the learned Claims Tribunal, considering that the deceased was 31 years of age at the time of the accident and having regard to the number of claimants, added 40% towards future prospects to the income of the deceased, deducted one- fourth (1/4) of the income towards the personal and living expenses of the deceased and applied multiplier of 16, which is found to be just and proper. Under the conventional heads, the learned Tribunal awarded Rs. 2,09,000/-, which is also found to be just and proper. To that extent, the impugned award warrants modification by re-assessing the monthly income of the deceased.

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 Sethi (2017) 16 SCC 680, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors (2018) 18 SCC 130, this Court is computing the compensation as below:-





7. In view of the aforesaid analysis, the amount of compensation of Rs.17,81,480/- awarded by the Claims Tribunal is enhanced to Rs.20,79,848/-. Hence, after deducting the amount of Rs.17,81,480/-, the appellants, respondents No. 4 and 5 are held entitled for an additional amount of Rs.2,98,368/-. 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.