Chattisgarh High Court
Smt. Navina Patel vs Suduram Mourya on 10 September, 2025
1
2025:CGHC:46258
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 2132 of 2019
1 - Smt. Navina Patel W/o Late Laxman Patel Aged About 50 Years R/o Panara Devda
Sonarpal District Bastar, Chhattisgarh
2 - Jaylal Patel S/o Late Laxman Patel Aged About 25 Years R/o Panara Devda Sonarpal
District Bastar, Chhattisgarh
... Appellant(s)
versus
1 - Suduram Mourya S/o Kadiram Mourya Aged About 35 Years, R/o Dhuragaon Totapara,
Police Station Lohandiguda District Bastar Chhattisgarh. (Driver Of The Vehicle),
2 - Chunnulal Patel S/o Vanshidhar Patel Aged About 27 Years R/o Dimrapal Jaivel Police
Station Karpawand District Bastar, Chhattisgarh (Owner Of The Vehicle),
3 - Branch Manager, The Oriental Insurance Company Ltd., Avenue Hotel Kumharpara
Jagdalpur, District Bastar, Chhattisgarh
... Respondent(s)
For Appellant(s) : Shri Vikas A. Shrivastava, Advocate
For Respondent No.3 : Shri Deepak Gupta, Advocate
({Hon'ble Shri Justice Sachin Singh Rajput})
Order on Board
10/09/2025
Heard on I.A.No.1/2019, application for condonation of delay in filing
the appeal.
2. Upon due consideration, the same is allowed.
3. Delay is condoned.
4. With the consent of the parties, the matter is heard finally.
5. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for
short 'M.V.Act') has been filed challenging the award dated 29/06/2019 passed
in claim case No.10/2019 by the Motor Accident Claims Tribunal, Bastar, Place
- Jagdalpur (CG) (for short 'Tribunal'). By the impugned award, against a
claim of Rs.11,00,000/-, learned Tribunal has awarded compensation of
Rs.5,30,600/- in favour of the appellants / claimants.
6. The claim application under Section 166 of the MV Act was filed on
account of death of Laxman Patel in an accident that occurred on 31/08/2018
by rash and negligent driving of the offending vehicle (Scooty) bearing
registration No.CG17 / KP-3451 by respondent No.1, owned by respondent
No.2 and insured with respondent No.3. As per pleadings of the claim
application, the deceased was aged about 52 years and was a Mason. As a
Mason, he was earning Rs.15,000/- per month. Therefore, the aforestated
compensation was claimed.
7. Respondents 1 and 2 filed written statement.Except admitted facts,
resisted the averments of the claim application. The insurance company
resisted the claim application by filing written statement, denied averments of
the claim application and took a plea that there is violation of the terms and
conditions of the insurance policy.
8. On the basis of above pleadings, learned Claims Tribunal framed issues
and decided the same in favour of the appellants / claimants and awarded the
abovestated compensation.
9. Learned counsel for the appellant submits that the amount of
compensation is meagre; assessment of income is wrong, therefore, the
compensation may be suitably enhanced.
10. Per contra, learned counsel appearing for the insurance company
supports the award and submits that assessment of income and award of
compensation is just.
11. Heard learned counsel for the parties, considered their rival submissions
and perused the record.
12. According to the appellant / claimants, the deceased was a Mason and
was earning Rs.15,000/- per month. Of course, there is no documentary
evidence to support the above submission but this Court can very well take a
judicial notice that there are vast unorganised sectors for which there will not
be any documentary evidence to prove the income.
13. Taking into consideration the evidence brought on record; minimum
wages, nature of job, age of the deceased and number of dependents, this Court
assesses the monthly income of the deceased to Rs.9,000/- and taking guidance
from the judgments of Hon'ble Supreme Court in the case of Sarla Verma and
ors. v. Delhi Transport Corporation and ors., (2009) 6 SCC 121, National
Insurance Co. Ltd. v. Pranay Sethi and ors, (2017) 16 SCC 680 and Magma
General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram and ors., (2018)
18 SCC 130, this Court propose to recompute the compensation in the
following manner -
1. Monthly income Rs.9000/-
2. Future prospects 10% (9000 + 900) Rs.9900/-
3. Yearly income (9900x12) Rs.118800/-
4. 1/3 deduction for personal expenses Rs.79200/-
(118800-39600) = 79200
5. Multiplier of 11 (79200 X 11) Rs.871200/-
6. Funeral expenses + Loss of +Rs.70000/-
estate+spousal consortium
7. Filial Consortium +Rs.40000/-
Total Compensation =Rs.981200/-
14. The learned Tribunal has awarded Rs.5,30,600/- which is deducted from
the total compensation now assessed and the enhanced compensation comes to
Rs.4,50,600/-. Looking to the facts and circumstances of the case, interest @
6% is also awarded on the enhanced amount of compensation from the date of
filing of appeal i.e. 08/11/2019 to be deposited by the insurance company
within a period of 60 days. After the amount of compensation is deposited by
respondent/insurance company, Rs.50,000/- be disbursed to appellant No.2 and
Rs.3 lakhs be invested as fixed deposit in the name of appellant No.1 in a
nationalised bank for two years. Remaining amount shall be disbursed to
Appellant No.1 through Bank transaction/account payee cheque.
15. The appeal thus allowed in part.
Sd/-
({Sachin Singh Rajput})
JUDGE
Deepti
Digitally
signed by
DEEPTI
DEEPTI HARIKUMAR
HARIKUMAR Date:
2025.09.12
12:28:33
+0530
