Sawan Kumar v. Shiv Kumar Dhruwvanshi

Mr. CR Sahu, Advocate Mr. Utsav Mahisvar, Advocate : : Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal

02.07.2026 (Order on Board)

This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) by the Claimant seeking enhancement of amount of compensation, challenging the impugned award dt. 13.05.2016, whereby learned Claims Tribunal has awarded a total sum of Rs.4,89,000/- as compensation for the death of Kevtin Bai, who died in a road accident took place on 07.09.2012.

Learned counsel for the Claimant would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. Claims Tribunal erred in assessing income of deceased as Rs.3000/- per month which should be Rs.4498/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Further, Claims Tribunal also erred in not calculating any amount under the head of future prospect which ought to have been granted @ 40% of his income. Even, on other heads also less amount has been awarded. Therefore, to that extent, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced.

Learned counsel for the respondents would submit that the appellants have failed to prove nature of occupation and income of the deceased by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of deceased on 3 notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference.

I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection.

In the case at hand, 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 & Ors 3 , this Court is computing the quantum of compensation to be awarded to the claimant, as below:- Heads Compensation Compensation Sr. No.

1. Income 2 Future Prospect awarded by the awarded by this Tribunal Rs.3000/- x 12 = Court Rs.4498/- x 12 = Rs.36,000/- NIL Rs.53,976/- (+) 40% (i.e.

3. Deduction (-) Rs.21,590/-) = Rs.75,566/- (-) (i.e. (i.e.

4. Multiplier

5. Other heads Total Rs.9000/-) = Rs. Rs.18,891/-) = 27,000/- (x) 17 Rs.56,674/- 17 (x) = = Rs.4,59,000/- Rs.30,000/- Rs.4,89,000/- Rs.9,63,466/- Rs.40,000/- Rs.10,03,466/-

In view of the aforesaid analysis, the amount of compensation of 1 2 3