Radhika Sahu v. Ashwani Sah

Mr. Kripesh G.Kela, Advocate Mr. Prashant Sahu, Advocate on behalf of Mr. S.K. Kushwaha, Advocate None Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (25.06.2026)

This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellants/claimants for enhancement against the award dated 20.01.2023 passed by 01st Additional Motor Accident Claims Tribunal, Mahasamund (C.G.), in Claim Case No. H-58/2021, whereby compensation of Rs.24,99,790/- with interest @ 6% per annum, in favour of the appellants has been awarded.

The gist of the claim before the Tribunal, in brief, was that on 17.09.2020, deceased Thansingh Sahu was traveling with his brother Ashwani Sahu on Motor Cycle bearing 3 Registration No. CG-06-GR-2867 from Khariya Road, Odisha after visiting relatives. Ashwani Sahu was driving the motorcycle and Thansingh Sahu was pillion rider. While returning around 06:30 PM near Shiv Mandir between Bansula Dabri and Nawagaon, due to sudden appearance of an animal, Ashwani Sahu lost control and both fell down. Thansingh Sahu sustained grievous head and body injuries. He was taken to Bagbahara Hospital, then referred to Rajdhani Hospital, Raipur for 22 days, then to Mekahara Hospital, Raipur and then to D.K.S. Super Speciality Hospital where he died during treatment on 27.10.2020. On the report of the incident being lodged at Police Station Komakhan, Dist. Mahasamund, Crime No. 02/2021 was registered.

It is claimed that at the time of accident, deceased Thansingh Sahu was aged about 57 years. He was running a transport business owning 4 trucks and earning Rs. 50,000/- per month. Due to the untimely death of Thansingh, there is an irreparable loss to the appellants/claimants who are the wife, son and daughter of the deceased. Therefore, the claimants had preferred an application before the Tribunal claiming total compensation of Rs. 1,03,00,000/-.

The learned Tribunal, after considering the evidence and documents available on record, assessed the income of the deceased to be Rs. 30,000/- per month. Considered the age of the deceased as 57 years and the fact that the claimants are the wife, son and mother of the deceased, 1/3rd of the income was deducted towards personal expenses. Considered the fact that the deceased was aged about 57 years, multiplier of 9 was applied. Further, a total amount 4 of Rs. 90,000/- has been awarded under other heads and Rs. 35,790/- towards treatment expenses. Accordingly, the total compensation of Rs. 24,99,790/- has been awarded by the Claims Tribunal in favour of the claimants with interest @ 6% per annum, from the date of application. Hence, the appeal is for enhancement.

Learned counsel for the appellants/claimants submits that the compensation awarded by the Claims Tribunal is on the lower side and needs to be enhanced suitably. Learned counsel for appellants urged that the Tribunal has awarded lesser amount under other conventional heads which needs to be enhanced suitably. Therefore, the appeal may be allowed and compensation needs to be enhanced suitably.

On the other hand, learned counsel for the Insurance Company has argued 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.

Heard counsel for the parties and perused the documents available on record.

In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza.

Now this Court shall examine as to whether the compensation awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 5

As regards the income of the deceased, the Tribunal has rightly assessed the income as Rs. 30,000/- per month based on the evidence regarding transport business of the deceased and his income tax return. The annual income comes to Rs. 3,60,000/-. As per National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680, for the age group of 50-60 years, future prospects would be 10% where the deceased had an established income. Hence, after adding 10% towards future prospect i.e. Rs. 36,000/-, the yearly income comes to Rs. 3,96,000/-.

The deceased was aged around 57 years and the claimants are the wife, son and daughter (total 3 persons) of the deceased, so deduction towards personal expenses would be 1/3rd as rightly held by the Tribunal i.e. Rs. 1,32,000/-. After deduction of the same, the annual dependency comes to Rs. 2,64,000/-. In view of judgment of the Hon’ble Supreme Court in Sarla Verma and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121, the multiplier would be 9 as rightly held by the Tribunal. Hence, after applying multiplier of 9, the total loss of dependency works out to Rs. 23,76,000/-. The Tribunal has awarded Rs. 35,790/- towards treatment expenses which is maintained. However, the amount awarded under conventional heads is on the lower side. The claimants would be entitled to Rs. 15,000/- towards loss of estate, Rs. 15,000/- towards funeral expenses, and Rs. 44,000/- each to three claimants towards loss of consortium/love and affection i.e. Rs. 1,32,000/-. Thus, total under conventional heads + medical comes to Rs. 1,97,790/-. Therefore, the claimants would become entitled 6 for total compensation of Rs. 25,73,790/-. Thus, the claimants are entitled for compensation in the following manner:- Heads Calculation Compensation towards dependency Rs. 23,76,000/- Towards treatment expenses Towards loss of estate Rs. 35790/- Rs. 15,000/- Towards loss of love and affection to Rs.1,32,000/- three claimants @ Rs. 44,000/- Funeral expenses Rs. 15,000/- Total Rs. 25,73,790/-

Thus, the total compensation is recomputed as Rs. 25,73,790/-. After deducting Rs. 24,99,790/- as awarded by the Tribunal, the enhancement would be Rs. 74,000/- (25,73,790- 24,99,790).

The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. 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. -Shubham Sd/- (Sanjay Kumar Jaiswal) Judge