Tushar Shriwas v. Vijay Kumar Sarthi
Case at a glance
Outcome
Allowed
Accordingly, this appeal is allowed in part and the impugned award is
Provisions considered
Judgment
2. Tushar Shriwas, S/o Late Amit Shriwas, aged about one month (Minor), Through Natural Guardian Mother Madhuri Nishad, W/o Amit Kumar Shriwas (Appellant No.1), Both R/o Village Lingiyadih, Basant Vihar, Police Station Sarkanda, Tahsil and District Bilaspur (Chhattisgarh) (Claimants) ... Appellants versus
Vijay Kumar Sarthi, aged about 25 years, S/o Latel Ram, R/o Village Singri Para Budgahan, Baloda, Police Station Baloda, District Janjgir- Champa (Chhattisgarh) (Driver of the offending vehicle CG-11/AB- 2543)
Satya Shankar Rathore, S/o Ramcharan Rathore, R/o Village Budgahan, Baloda, Police Station Baloda, District Janjgir-Champa (Chhattisgarh) (Owner of the offending vehicle CG-11/AB-2543)
The New India Insurance Company Limited, Through Branch Manager, Branch Office Second Floor, Rama Trade Center, In front of Rajiv Plaza, Old Bus Stand Road, Police Station Civil Line, Tahsil & District Bilaspur (Chhattisgarh) (Insurer of the offending vehicle CG-11/AB-2543)
Anita Shrivas, aged about 52 years, Wd/o Late Santosh Shrivas, R/o Ganesh Nagar, Chuchuhiyapara Under Bridge, Police Station Sirgitti, Tahsil & District Bilaspur (Chhattisgarh) (Res. No.4/Applicant No.3) ... Respondents For Appellants For Respondents No.1 & 2 : Mr. Mirza Kaisher Beg, Advocate. For Respondent No.3 : Mr. Mohd. Azad Siddiqui, Advocate. : Mr. Mohammad Parvez Khan, Advocate. (MAC No.1579/2023) Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 05/12/2025
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 3-5-2023 passed by the 10th Additional Motor Accident Claims Tribunal, Bilaspur in Motor Accident Claim Case No.336/2020, whereby the learned Claims Tribunal has awarded a total sum of ₹ 18,97,260/- as compensation for the death of Amit Shriwas, who was Vehicle Mechanic & Boiler Operator, aged about 24 years at the time of incident. The appellants herein/claimants are wife and son, respectively, of deceased Amit Shriwas.
2. Mr. Mohammad Parvez Khan, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the deceased was Vehicle Mechanic & Boiler Operator and the learned Claims Tribunal ought to have taken his monthly income to be ₹ 9,120/- on the basis of notification issued under the Minimum Wages Act in the year 2021, whereas, it has been taken as ₹ 8,600/, therefore, the amount of compensation be enhanced suitably.
3. Mr. Mirza Kaisher Beg, learned counsel appearing on behalf of respondents No.1 & 2 herein/driver & owner of the offending vehicle, respectively and Mr. Mohd. Azad Siddiqui, learned counsel appearing (MAC No.1579/2023) on behalf of respondent No.3 herein/Insurance Company, would support the impugned award and oppose the appeal.
4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection.
The learned Claims Tribunal has assessed the monthly income of deceased Amit Shriwas to be ₹ 8,600/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the Office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased should be ₹ 9,120/- (as per minimum wages prescribed at relevant time).
Thus, considering the evidence available on record and that the deceased was Vehicle Mechanic & Boiler Operator, 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. v. 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:- S. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation ₹ 9,120 x 12 = ₹ 1,09,440/- (Yearly Income) ₹ 8,600/- x 12 = ₹ 1,03,200/- (Yearly Income) (+) 40% i.e. ₹ 41,280/-; 40% i.e. ₹ 43,776/-; total
1. Income
2. Future Prospect 1 2 3
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this appeal is allowed in part and the impugned award is
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 173; Minimum Wages Act.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.