Chhattisgarh High Court
MAC/1713/2025 of SUKHMEN DEWANGAN Vs Ram Prasad on 28 September 2026
2026:CGHC:42421 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1713 of 2025 1 - Sukhmen Dewangan Wd/o Late Gopal Ram Aged About 50 Years Village Giravarganj, Police Station And Tahsil Surajpur, District- Surajpur ( C.G. ) 2 - Jirjodhan Ram Dewangan S/o Late Gopal Ram Aged About 28
CGHC010329552025
2026:CGHC:42421
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1713 of 2025
1 - Sukhmen Dewangan Wd/o Late Gopal Ram Aged About 50 Years Village Giravarganj, Police Station And Tahsil Surajpur, District- Surajpur ( C.G. )
2 - Jirjodhan Ram Dewangan S/o Late Gopal Ram Aged About 28
Years R/o Village Giravarganj, Police Station And Tahsil Surajpur, District- Surajpur ( C.G. ).
3 - Soniya Dewangan D/o Late Gopal Ram Aged About 24 Years R/o Village Giravarganj, Police Station And Tahsil Surajpur, District- Surajpur ( C.G. ).
... Appellants
versus
1 - Ram Prasad S/o Shri Muneshwar Aged About 27 Years R/o Village Kailashpur Police Station Jainagar, District- Surajpur ( C.G. ).(
Driver And Owner Motorcycle No. C G 15 D R / 3461
2 - The Branch Manger Tata A.I. G. General Insurance Company Limited, Branch Office, First Floor, 106-7, Wall Fort Jozon, Bilaspur Road, Near, Fafadih Chowk, Sai Vihar Colony, Raipur ( C.G. ).
( Insurer Of Motorcycle No. C G 15 D R / 3461 )
--- Respondent(s)
For Appellants
:
Ms. Dhaneshwari Patel, Advocate
For Respondents No.1
:
Ms. Sonali Kesharwani, Advocate on
behalf of Mr. AK Yadav, Adv.
For Respondent No.2
:
Ms. Aditi Diwan, Advocate
Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (29.09.2026)
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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 24.03.2025, passed in Claim Case No.154/2023 by learned Additional Motor Accident Claims Tribunal, Surajpur (CG), whereby the learned Claims Tribunal has awarded a total sum of Rs.06,24,400/- as compensation for the death of Gopal Ram who was aged about 56 years and died in a road accident which took place on 08.02.2023.
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 for Respondent No.1 submits that at the time of accident, the vehicle was insured with Respondent No.2, therefore, Respondent No.1 is not liable to pay any amount of compensation.
4. Learned counsel for respondent No.2/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.7000/-, which ought to be Rs.9960/- 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.70,000 which ought to be 1,80,000/-, 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 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. 7000 x 12 = 84,000/- Rs. 9960 x 12 = 1,19,520/-
2. Future prospect (+)10% (i.e. Rs. 8,400) = 92,400/- (+)10% (i.e. Rs. 11,952) = 1,31,472/-
3. Deduction (-)
(i.e. 30800) = (-) 1/3 (i.e. 43824) = 87,648/-
(2009) 6 SCC 121
61,600/-
4. Multiplier
(x) 9 = 5,54,400/- (x) 9 = 7,88,832/-
Other conventional heads Rs. 70,000/- Rs. 1,80,000/- (18000+18000+144
Total Rs. 6,24,400/- Rs. 9,68,832/-
8. In view of the aforesaid analysis, the amount of compensation of Rs.6,24,400/- awarded by the Claims Tribunal is enhanced to Rs.9,68,832/-. Hence, after deducting the amount of Rs.6,24,400/-, the appellants are held entitled for an additional amount of Rs.3,44,432/-. 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