Chhattisgarh High Court
MAC/987/2025 of SMT. LAXMI PATEL Vs SHAMIN KHAN on 30 September 2026
2026:CGHC:42748 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 987 of 2025 1 - Smt. Laxmi Patel W/o Late Krishna Patel Aged About 35 Years R/o Village Kandai, Post- Ninya Chowki- Devarbija, Police Station And District Bemetara, Chhattisgarh. 2 - Suraj Patel S/o Late Krishna Patel
CGHC010168892025
2026:CGHC:42748
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 987 of 2025
1 - Smt. Laxmi Patel W/o Late Krishna Patel Aged About 35 Years R/o Village Kandai, Post- Ninya Chowki- Devarbija, Police Station And District Bemetara, Chhattisgarh.
2 - Suraj Patel S/o Late Krishna Patel Aged About 17 Years Minor Through Natural Guardian Mother Appellant No. 1, R/o Village Kandai, Post- Ninya Chowki- Devarbija, Police Station And District Bemetara, Chhattisgarh.
3 - Chhaya Patel D/o Late Krishna Patel Aged About 15 Years Minor Through Natural Guardian Mother Appellant No. 1, R/o Village Kandai, Post- Ninya Chowki- Devarbija, Police Station And District Bemetara, Chhattisgarh.
4 - Gauri Bai W/o Late Kusham Patel Aged About 65 Years R/o Village Kandai, Post- Ninya Chowki- Devarbija, Police Station And District Bemetara, Chhattisgarh.
... Appellants
versus
1 - Shamin Khan S/o Jalil Khan Aged About 26 Years R/o Bawankesh, Police Station Patewa, District Mahasamund, Chhattisgarh. (Driver Of The Vehicle Truck Bearing No. C.G./06/
G.Z./4986)
2 - Mohammad Noor S/o Kasim Khan R/o Near Omshanti Niketan School, Mowa, Ps- Mowa, District Raipur, Chhattisgarh. (Owner Of The Vehicle Truck Bearing No. C.G./06/ G.Z./4986)
3 - Manager, United India Insurance Company Limited Shop No. 15, Paras Complex, Gurudwara Road, New Deepak Nagar, District Durg, Chhattisgarh. (Insurer Of The Vehicle Truck Bearing No. C.G./06/
G.Z./4986)
--- Respondent(s)
For Appellants
:
Mr. Amit Kumar Sahu, Advocate
For Respondents No.1 & 2 :
Mr. Veer Verma, Advocate
For Respondent No.3
:
Mr. Pravesh Sahu, Advocate on
behalf of Mr. Dashrath Gupta,
Advocate
Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (01.10.2026)
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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 21.01.2025, passed in Claim Case No.56/2024 by learned I Motor Accident Claims Tribunal, Bemetara (CG), whereby the learned Claims Tribunal has awarded a total sum of Rs.16,23,584/- as compensation for the death of Krishna Patel who was aged about 44 years and died in a road accident which took place on 29.01.2024.
2. Learned counsel for the appellant would submit that the learned Claims Tribunal has erred in awarding lesser amount of compensation in the facts of the case. The Claims Tribunal has assessed the income of the deceased on the lower side and has also awarded lesser amount under other conventional heads, which needs to be enhanced. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced.
3. Learned Counsel appearing for Respondents No.1 & 2 submits that at the time of accident the offending vehicle was insured with Respondent No.3, therefore, Respondents No.1 & 2 are not liable to pay any amount of compensation.
4. 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.
5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection.
6. In the case at hand, true it is that the learned Tribunal has taken the monthly income of the deceased to be Rs.9000/-, which ought to be Rs.10,100/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh. Furthermore, in other conventional heads the Tribunal has granted only Rs.2,06,000/- which ought to be 2,28,000/-, to that extent the impugned award needs to be modified.
7. 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
(2009) 6 SCC 121
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.
9000/- monthly Rs. 10100 x 12 = 1,21,200/-
2. Future prospect ------------ (+)25% (i.e. Rs. 30,300)
= 1,51,500/-
3. Deduction (-) 1/4 (i.e. 2250) = 6,750/- (-) 1/4 (i.e. 37875) = 1,13,625/-
4. Future prospect (+)25% (i.e. Rs. 1687.5)
= 8437.5/-
in round
figure 8,438/-
Rs. 1,01,256/-
per annum -----------
Multiplier
(x) = 14,17,584/-
(x) = 15,90,750/- Other conventional heads Rs. 2,06,000/- Rs. 2,28,000/- (18000+18000+192
Total Rs. 16,23,584/- Rs. 18,18,750/-
8. In view of the aforesaid analysis, the amount of compensation of Rs.16,23,584/- awarded by the Claims Tribunal is enhanced to Rs.18,18,750/-. Hence, after deducting the amount of Rs.16,23,584/-, the appellants are held entitled for an additional amount of Rs.1,95,166/-.
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.
9. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above.
10. 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 -Shubham