[Cites 4, Cited by 0]
Chattisgarh High Court
Punitram Nirmalkar vs Dharmendra Sahu on 1 April, 2026
1
Digitally
2026:CGHC:15031
SAIFAN signed
by
KHAN SAIFAN NAFR
KHAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 589 of 2020
1 - Punitram Nirmalkar S/o Late Shivcharan Nirmalkar Aged About 76
Years R/o Ward No. 22, Behind Of F. C. I. Godawn Mahasamund Police
Station Tehsil And District Mahasamund Chhattisgarh, District :
Mahasamund, Chhattisgarh
2 - Smt. Bhagwantin W/o Punitram Nirmalkar Aged About 70 Years R/o
Ward No. 22, Behind Of F. C. I. Godawn Mahasamund Police Station
Tehsil And District Mahasamund Chhattisgarh, District : Mahasamund,
Chhattisgarh
3 - Natwarlal Nirmalkar W/o Punitram Nirmalkar Aged About 38 Years
R/o Ward No. 22, Behind Of F. C. I. Godawn Mahasamund Police
Station Tehsil And District Mahasamund Chhattisgarh, District :
Mahasamund, Chhattisgarh
4 - Smt. Anusuiya Nirmalkar W/o Pannalal Aged About 22 Years R/o
Subhash Nagar, Ward No. 22, Mahasamund Police Station Tehsil And
District Mahasamund Chhattisgarh, District : Mahasamund,
Chhattisgarh
5 - Smt. Anjani Nirmalkar W/o Ghanshyam Nirmalkar Aged About 50
Years R/o Village Birkoni, Mahasamund Police Station Tehsil And
District Mahasamund Chhattisgarh, District : Mahasamund,
Chhattisgarh
6 - Smt. Hira Nirmalkar W/o Beniram Nirmalkar Aged About 48 Years
R/o Village Parsada, Police Station Gobra Nayapara District Raipur
Chhattisgarh, District : Raigarh, Chhattisgarh
7 - Sewakram Nirmalkar S/o Punitram Nirmalkar Aged About 58 Years
R/o Village Tumgaon, Police Station Tumgaon, Tehsil And District
Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh
8 - Shatrughan Nirmalkar S/o Punitram Aged About 44 Years R/o
Imlibhatha, Mahasamund Police Station Tehsil And District
Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh
... Appellants
Versus
1 - Dharmendra Sahu S/o Sampatlal Sahu Aged About 36 Years R/o
Village Nimora, P.S. Rakhi District Raipur Chhattisgarh .......(Driver Of
2
The Offending Vehicle Bearing Reg No. C G 04 E A /0388), District :
Raipur, Chhattisgarh
2 - New Raipur Development Authorization Through Chief Executive
Officer, Development Authority, Environment Building, Sector -19, New
Raipur Atal Nagar, Raipur District Raipur Chhattisgarh .......(Owner Of
The Offending Vehicle Bearing Reg No. C G 04 E A /0388), District :
Raipur, Chhattisgarh
3 - The United India Insurance Company Ltd. Krishna Complex, In Front
Of District Court Raipur District Raipur Chhattisgarh .......(Insurer Of The
Offending Vehicle Bearing Reg No. C G 04 E A /0388), District : Raipur,
Chhattisgarh
... Respondents
[Cause-title taken from Case Information System (CIS)]
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For Appellants : Mr. AK Shukla, Advocate
For Respondent No.2 : Mr. AS Kachhwaha, Advocate
For Respondent No.3 : Mr. Raj Awasthi, Advocate
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Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal
(Order on Board)
01.04.2026
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for
short the "Act of 1988") has been preferred by the appellants seeking
enhancement of amount of compensation, challenging the impugned
award dt. 04.10.2019, whereby learned Claims Tribunal has awarded a
total sum of Rs.7,00,000/- as compensation for the death of Sunita
Nirmalkar, who was aged about 38 years on the date of occurrence.
2. Learned counsel for the appellants 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.5,000/- per month which should be Rs.8100/- as per
Chhattisgarh Minimum Wages Notification issued by the office of the
Labour Commissioner, Chhattisgarh. Further, learned Claims Tribunal
also erred in awarding less amount on the head of loss of consortium,
loss of estate and funeral. Therefore, the instant appeal be allowed and
the compensation awarded by the Claims Tribunal may suitably be
enhanced.
3. 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
notional basis. The amount of compensation awarded by the Claims
Tribunal is just and proper which does not call for any interference.
4. I have heard learned counsel for the parties, considered their rival
submissions made herein-above and went through the records with
utmost circumspection.
5. Learned Claims Tribunal assessed the monthly income of
deceased Kheeru Chouhan to be Rs.5000/-, 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 Rs.8100/- PM (as per minimum wages
prescribed at relevant time). Further, on the heads of funeral expenses
and loss of estate Rs.15,000/- each has been awarded, whereas it
ought to have been Rs.18000/- each and on the heads of loss of
consortium to each of the appellants Rs.40,000/- each have been
awarded, but it ought to have been awarded Rs.96000/- each.
6. 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 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:-
Sr. Heads Compensation Compensation
No. awarded by the awarded by this
Tribunal Court
1. Income Rs.5000/- x 12 = Rs.8100/- x 12 =
Rs.60000/- Rs.97200/-
2. Future Prospect (+) 40% (i.e. (+) 40% (i.e. Rs.
Rs. 24000) = 38880/-)
Rs.84,000/- = Rs.136080/-
3. Deduction (-) 1/2 = Rs. (-) 1/2 =
42,000/- Rs.68,040/-
4. Multiplier (x) 15 = (x) 15 =
Rs. 6,30,000/- Rs.10,20,600/-
5. Loss of Estate Rs. 15,000/- Rs. 18,000/-
6. Funeral Expenses Rs. 15,000/- Rs. 18,000/-
7. Loss of Consortium Rs. 40,000/- Rs. 96,000/-
Total Rs. 7,00,000/- Rs.11,52,600/-
7. In view of the aforesaid analysis, the amount of compensation of
Rs.7,00,000/- awarded by the Claims Tribunal is enhanced to
Rs.11,52,600/-. Hence, after deducting the amount of Rs.7,00,000/-, the
appellants are held entitled for an additional amount of Rs.4,52,600/-.
The concerned respondent is directed to deposit the amount of
compensation as enhanced by this Court within a period of 45 days
from the date of receipt of copy of this order. The additional amount of
1 (2017) 16 SCC 680
2 (2009) 6 SCC 121
3 (2018) 18 SCC 130
compensation shall carry interest @ 9% per annum from the date of
filing of claim application before the Tribunal i.e. 28.02.2019 till its
realization. Rest of the conditions of the impugned award shall remain
intact.
8. Accordingly, this appeal is allowed in part and the impugned
award is modified to the extent as indicated herein-above.
sd/-
(Sanjay K. Agrawal)
Judge
s@if
