2026:CGHC:14808 Digitally signed by SISTA NAFR SISTA SOMAYAJULU SOMAYAJULU Date:

2026.04.01

10:48:55 HIGH COURT OF CHHATTISGARH AT BILASPUR +0530 MAC No. 76 of 2020 {Arising out of award dated 16-5-2019 passed by the Motor Accident Claims Tribunal, Janjgir-Champa in Motor Accident Claim Case No.86/2018}

1. Meenabai, W/o Late Saheblal, aged about 47 years, 2. Sheela Anant, S/o Late Saheblal, aged about 29 years, 3. Rajesh Anant, S/o Late Saheblal, aged about 27 years, 4. Aarti Anant, D/o Late Saheblal, aged about 25 years, 5. Rupesh Anant, S/o Late Saheblal, aged about 21 years, 6. Ajay Anant, S/o Late Saheblal, aged about 16 years, 7. Maniram Anant, S/o Late Thandaram, aged about 70 years, 8. Terasbai, W/o Maniram, Aged about 67 years, Appellant No.6 is minor through his natural guardian/mother namely Meena Bai, aged about 47 years All above R/o Village Jaithkham Chowk, Harrabhata, Post Podi, District Janjgir-Champa, Chhattisgarh (Claimants)

... Appellants versus

1. Sanjay Singh, S/o Lakhan Singh, Aged about 42 years, R/o Kumhari Khurd, Thana Baradwara, District Janjgir-Champa, Chhattisgarh (Driver of the offending Vehicle)

2. Ramnarayan Kashya (Died) Through LRs (Owner of the offending Vehicle)

2(A) Shyam Sundar Kashyap, S/o Late Ramnarayan Kashyap, Aged about 34 years, 2(B) Murari Kashyap, S/o Late Ramnarayan Kashyap, Aged about 31 years Both above Respondent No.2(A) & 2(B) R/o Ward No.5, Navagaon, Near Murli Hotel, Katghora (C.G.)

3. The New India Insurance Company Ltd., Sada Complex, Transport Nagar, Korba, District Surguja, Chhattisgarh (Insurer of the offending Vehicle)

(Defendants)

... Respondents For Appellants : Mr. Kabeer Kalwani, Advocate on behalf of Mr.

Anurag Singh, Advocate.

For Respondent No.3 : Mr. Rahul Singh Thakur, Advocate on behalf of Mr. Sourabh Sharma, Advocate.

Single Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board

30/03/2026

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 16-5-2019 passed by the Motor Accident Claims Tribunal, Janjgir-Champa in Motor Accident Claim Case No.86/2018, whereby the learned Claims Tribunal has awarded a total sum of ₹ 10,06,000/- as compensation for the death of Saheblal, who was a Skilled Labour being Carpenter, aged about 46 years at the time of incident. The appellants herein/claimants are wife, children and parents, respectively, of deceased Saheblal.

2. Mr. Kabeer Kalwani, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the deceased was a Skilled Labour being Carpenter and the learned Claims Tribunal ought to have taken his monthly income to be ₹ 9,530/- on the basis of notification issued under the Minimum Wages Act in the year 2021, whereas, it has been taken as ₹ 7,500/, therefore, the amount of compensation be enhanced suitably.

3. Mr. Rahul Singh Thakur, learned counsel appearing on behalf of respondent No.3 herein/Insurance Company, would support the impugned award and oppose the appeal.

4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection.

5. The learned Claims Tribunal has assessed the monthly income of deceased Saheblal to be ₹ 7,500/-, 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 ₹ 9,530/- (as per minimum wages prescribed at relevant time).

6. Thus, considering the evidence available on record and that the deceased was a Skilled Labour, 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. v. Delhi Transport Corporation

& Ors, (2009) 6 SCC 121 and Magma General Insu