Chhattisgarh High Court
MAC/604/2023 of RAJKUMARI NETAM Vs Uday Narayan Tiwari on 27 September 2026
2026:CGHC:42217 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 604 of 2023 1 - Rajkumari Netam W/o Late Ranjit Singh Netam Aged About 40 Years R/o Shivtikari, Post Jondhara, Thana Pachpedi, District Bilaspur Chhattisgarh 2 - Sampat Netam S/o Late Ranjit Singh Netam Aged About 18
CGHC010114172023
2026:CGHC:42217
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 604 of 2023
1 - Rajkumari Netam W/o Late Ranjit Singh Netam Aged About 40
Years R/o Shivtikari, Post Jondhara, Thana Pachpedi, District Bilaspur Chhattisgarh 2 - Sampat Netam S/o Late Ranjit Singh Netam Aged About 18 Years R/o Shivtikari, Post Jondhara, Thana Pachpedi, District Bilaspur Chhattisgarh 3 - Vaishnav Netam S/o Late Ranjit Singh Netam Aged About 11
Years Minor Through Legal Guardian Mother Rajkumari Netam, Appellant No.1, R/o Shivtikari, Post Jondhara, Thana Pachpedi, District Bilaspur Chhattisgarh 4 - Dhaneshwari Netam D/o Late Ranjit Singh Netam Aged About 6
Years Minor Through Legal Guardian Mother Rajkumari Netam, Appellant No.1 R/o Shivtikari, Post Jondhara, Thana Pachpedi, District Bilaspur Chhattisgarh
... Appellants
versus
1 - Uday Narayan Tiwari S/o Ramkeshwar Tiwari, R/o Village Nevra Surajmal Thana Rishiup, District Aurangabad Bihar (Driver Of The Offending Vehicle Truck No. C.G. 15/D.K./0405)
2 - M/s Pandey Builders Material Supllier, R/o Ward No. Mishra Marg Ramanujganj District Surguja Chhattisgarh (Owner Of The Offending Vehicle Truck No. C.G. 15/D.K./0405)
3 - Branch Manager The United India Insurance Company Limited, Byapar Vihar Road Bilaspur, District Bilaspur Chhattisgarh Now The Present Address, L.I.C Building 1st Floor Mangarpara Road, Thana Civil Line Bilaspur Tahsil And District Bilaspur Chhattisgarh (Insurer Of The Offending Vehicle Truck No. C.G. 15/D.K./0405)
... Respondent(s)
For Appellants
: Mr. A.L. Singroul, Advocate
For Respondent No.3
: Mr. Dashrath Gupta, Advocate
Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (28/09/2026)
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1. This is the claimants’ appeal for enhancement against the award dated 23/01/2023 passed by the learned Motor Accident Claims Tribunal, Bilaspur, District- Bilaspur (C.G.) in Motor Accident claim case No. 39/2020 whereby a compensation amount of Rs. 12,98,500/- has been awarded in favour of the claimants.
2. Learned counsel for the appellants submits that the accident took place on 14.11.2019. The deceased, namely Ranjit Singh Netam, was proceeding to his place of work and, upon reaching Village Jondhara, near Atal Chowk, when the offending truck was proceeding towards Masturi side, the driver of the offending vehicle, bearing registration No. C.G.15/D.K./0405, drove the same in a rash and negligent manner and caused the accident. As a result of the said accident, the deceased sustained grievous injuries and succumbed to the same on the spot. He further submits that the learned Claims Tribunal has assessed the income of the deceased at Rs.7,800/- per month, which, according to the appellants, is on the lower side and warrants enhancement. It is further submitted that the compensation awarded under the other conventional and permissible heads is also inadequate and does not commensurate with the facts and circumstances of the case. Accordingly, learned counsel submits that the compensation awarded by the learned Claims Tribunal deserves to be suitably enhanced.
3. On the other hand, learned counsel appearing 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. 8,600/- (being the minimum wages prescribed at the relevant time). Further, the learned Claims Tribunal, considering that the deceased was 45 years of age at the time of the accident and having regard to the number of claimants, added 25% 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 14, which is found to be just and proper. However, under the conventional heads, the learned Tribunal awarded only Rs.70,000/-, whereas the claimants are entitled to Rs. 1,90,000/-. To that extent, the impugned award warrants modification by re-assessing the monthly income of the deceased and by enhancing the compensation under the conventional heads.
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. 8,600 x 12 = 1,03,200/-
2. Future prospect (+)25% (i.e. Rs. 23,400) = 1,17,000/- (+)25%
(i.e.
Rs. 25,800) = 1,29,000/-
3. Deduction (-) 1/4 (i.e. 29,250) = 87,750/- (-) 1/4 (i.e. 32,250) = 96,750/-
4. Multiplier
(x) 14 = 12,28,500/-
(x) 14 = 13,54,500/-
Other conventional heads Rs. 70,000/- (15,000+15,000+40,
Rs. 1,90,000/- (15,000+15,000+1,60 ,000) Total Rs. 12,98,500/- Rs. 15,44,500/-
7. In view of the aforesaid analysis, the amount of compensation of Rs.12,98,500/- awarded by the Claims Tribunal is enhanced to Rs.15,44,500/-. Hence, after deducting the amount of Rs.12,98,500/-, the appellants are held entitled for an additional amount of Rs.2,46,000/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of the enhancement by this Court 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
(2009) 6 SCC 121
“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 Prashant