Nafr High Court
Case Details
1 (MAC No. 618 of 2022) ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.09.16 17:37:23 +0530 2025:CGHC:47468 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 618 of 2022 1 - Veer Singh Kanwar S/o Late Puniram Kanwar Aged About 57 Years R/o Village Mukundpur, Korba, Police Station Urga, Tahsil And, District : Korba, Chhattisgarh 2 - Smt. Shanti Bai Kanwar W/o Veer Singh Kanwar Aged About 49 Years R/o Village Mukundpur, Korba, Police Station Urga, Tahsil And, District : Korba, Chhattisgarh 3 - Om Kumari D/o Veer Singh Kanwar Aged About 20 Years R/o Village Mukundpur, Korba, Police Station Urga, Tahsil And, District : Korba, Chhattisgarh --- Appellant(s) versus 1 - Ram Lakhan Yadav S/o Chamar Singh Yadav Aged About 33 Years R/o Putekela, Police Station Nagarda, District : Janjgir- Champa, Chhattisgarh 2 - Anand Swami Naidu S/o Chandra Swami Naidu R/o House No. 211, Ward No. 3, Purani Basti, Korba, Tahsil And, District : Korba, Chhattisgarh 3 - United India Insurance Company Limited Block No. 4, Jaiswal Building, Main Road, Korba, District : Korba, Chhattisgarh --- Respondent(s) (Cause-title taken from the Case Information System) For Appellants
Legal Reasoning
:- Mr. Ramakant Pandey, Advocate 2 (MAC No. 618 of 2022) For Respondent No.3 :- Ms. Swati Agrawal, Advocate on behalf of Mr. Pankaj Agrawal, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 16.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 26.07.2021 (Annexure A/1) passed by learned I Additional Motor Accident Claims Tribunal, Korba, District Korba, Chhattisgarh in Claim Case No.06/2019, whereby an amount of Rs.10,69,600/- has been awarded as compensation for the death of Chitrapal Singh Kanwar, aged about 26 years, at the time of incident. 2. Appellants, who are father, mother and sister of deceased Chitrapal Singh Kanwar, filed an application under Section 166 of the Act of 1988 before the Motor Accident Claims Tribunal (for brevity “Claims Tribunal”) seeking compensation to the tune of Rs. 86,40,000/- pleading therein that on the date of accident, deceased Chitrapal Singh Kanwar, was aged about 26 years and used to earn Rs.9,40,000/- per annum by agricultural work and on 3 (MAC No. 618 of 2022) account of his untimely death in the accident, the appellants have suffered economical and psychological difficulties. 3. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by the respective parties, held that deceased Chitrapal Singh Kanwar died in the accident caused due to negligence and rash driving of the bus, insured by respondent No.3 and since breach of conditions of insurance policy was not found to be proved, fastened the liability upon the insurance company to pay the amount of compensation and after calculation, the learned Claims Tribunal awarded Rs.10,69,600/- as total compensation with interest @ 6% per annum from the date of filing of claim application till its realization. 4. Learned counsel for the appellants would submit that learned Claims Tribunal has awarded very meager amount, as the Claims Tribunal erred in assessing income of the deceased as Rs.7,000/- per month, also interest rate awarded ought to have been at 12% per annum instead of 6% per annum. Therefore, the instant appeal be allowed and the amount of compensation awarded by the learned Claims Tribunal be suitably enhanced. 4 (MAC No. 618 of 2022) 5. Learned counsel for the insurance company/respondent No.3 would submit that the appellants have failed to prove the exact income of deceased by producing clinching and admissible piece of evidence, hence, the learned Claims Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the learned Claims Tribunal is just and proper, which does not call for any interference. 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records with utmost circumspection. 7. Learned Claims Tribunal assessed the monthly income of deceased Chitrapal Singh Kanwar to be Rs.7,000/- per month, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour, the monthly income of the deceased should be Rs.8,140/- per month, which comes to Rs. 97,680/- per annum. 8. 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 5 (MAC No. 618 of 2022) Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 7,000 x 12 = Rs. 84,000/- Rs. 8,140 x 12 = Rs. 97,680/- Future prospects @ 40% Rs. 33,600 + 84,000 = Rs.1,17,600/- Rs.39,072+ 97,680 = Rs. 1,36,752/- Deduction of 1/2 Rs. 1,17,600 – 58800 = Rs.58,800/- Rs. 1,36,752 – 68,376 = Rs.68,376/- Multiplier of 17 Rs. 9,99,600/- Rs. 11,62,392/- Loss of Consortium Rs. 40,000/- Rs. 40,000 x 3 = Rs.1,20,000/- Funeral Expenses Rs. 15,000/- Rs. 15,000/- Loss of Estate Rs. 15,000/- Rs. 15,000/- Total Rs. 10,69,600/- Rs. 13,12,392/- 9. In view of the aforesaid analysis, the amount of compensation of Rs. 10,69,600/- awarded by the Claims Tribunal is enhanced to Rs. 13,12,392/-. Hence, after deducting the amount of Rs. 10,69,600/-, the appellants are entitled for an additional amount of Rs.2,42,792/-. 1 2 3