[Cites 5, Cited by 0]
Chattisgarh High Court
Shivkumar Manhar vs Anandi Singh on 15 April, 2026
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
1
2026:CGHC:17218
ASHOK
SAHU NAFR
Digitally signed
by ASHOK
SAHU
Date:
HIGH COURT OF CHHATTISGARH AT BILASPUR
2026.04.15
18:25:45 +0530
MAC No. 1921 of 2019
1 - Shivkumar Manhar, S/o. Kanhaiyalal, Aged About 45 Years, R/o.
Village- Borsi, Police Station- Birra, Post Office- Tal Devri, District
(Revenue And Civil )- Janjgir Champa, Chhattisgarh
2 - Darasmati Manhar @ Savita Bai, W/o. Shivkumar, Aged About 42
Years, R/o. Village- Borsi, Police Station- Birra, Post Office- Tal Devri,
District (Revenue And Civil)- Janjgir-Champa, Chhattisgarh.
... Appellants
versus
1 - Anandi Singh, S/o. Sahdev Singh Rajput, R/o. Village- Baghlati,
Police Station-Mohnpur (Bihar), At Present- Harihant S.T.D./P.C.O.
Gurudwara Roud Tatibandh, District (Revenue And Civil)- Raipur
Chhattisgarh, (Driver Of Truck C.G.04 E- 2515).
2 - Samsher Singh Gill, C/o. Rayal Goods Carrier, Ringh Roud, Tatibandh
Raipur, District (Revenue And Civil)-Raipur, Chhattisgarh (Owner Of
Truck C.G. 04 E-2515).
3 - The Oriental Insurance Company Limited, Pachpedi Naka Raipur,
District (Revenue And Civil)- Raipur, Chhattisgarh (Insurer Of Truck
C.G. 04 E-2515).
... Respondents
For Appellants : Mr. Anand Kesharwani, Advocate
For Respondent No.3 : Mr. Abhishek Vinod Deshmukh, Advocate
(Single Bench)
Hon'ble Shri Justice Sanjay K. Agrawal
Judgment on Board
15.04.2026
Heard on I.A.No.1 i.e. application under Section 5 of the Limitation
Act.
On due consideration and for the reasons stated in the application,
the same is allowed. Consequently, the delay of 292 days in filing
the appeal is condoned and the matter is heard finally.
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has
been preferred by the appellants/ claimants seeking enhancement of
the amount of compensation, challenging the impugned award dated
03.10.2018 passed by the Motor Accident Claims Tribunal, Baloda-
Bazar, in Claim Case No.04/2018, by which the claim application
of the claimants has been allowed and an amount of compensation
to the tune of Rs. 6,79,800/- has been awarded to the claimants for
the death of Arvind Kumar Manhar, aged about 20 years, at the time
of accident.
2. Appellants, who are father & mother of deceased Arvind Kumar
Manhar, filed an application under Section 166 of the Act of 1988
before the Motor Accident Claims Tribunal (for brevity "Claims
Tribunal") seeking compensation to the tune of Rs. 62,53,500/-
pleading therein that on the date of accident, deceased Arvind
Kumar Manhar, aged about 20 years, was sole bread earner of the
family and on account of his untimely death in the accident, the
appellants have suffered economical and psychological difficulties.
3. Learned Claims Tribunal, upon appreciation of pleadings and
evidence placed on record by respective parties, held that deceased
Arvind Kumar Manhar died in the accident arising out of rash &
negligent driving of the offending vehicle driven by respondent
No.1, owned by respondent No.2 and insured by respondent No.3
herein. Breach of conditions of insurance policy was not found to
be proved and after calculating the amount of compensation, the
learned Claims Tribunal has awarded Rs. 6,79,800/- with interest @
9% per annum from the date of filing of claim application.
4. Mr. Anand Kesharwani, learned counsel for the appellants, would
submit that the learned Claims Tribunal has awarded very meager
amount, as the Claims Tribunal erred in assessing income of
deceased to be Rs.4,000/- per month, which should be Rs. 7,930/-
per month. as per Chhattisgarh Minimum Wages Notification issued
by the office of the Labour Commissioner, Chhattisgarh. Therefore,
the instant appeal be allowed and the amount of compensation
awarded by the learned Claims Tribunal may be enhanced suitably.
5. Mr. Abhishek Vinod Deshmukh, learned counsel appearing for the
respondent No.3/ insurance company, would submit that the
appellants have failed to prove the exact income of deceased by
producing clinching and admissible piece of evidence, hence, the
learned Claims Tribunal is justified in assessing income of deceased
on notional basis. The amount of compensation awarded by the
learned Claims Tribunal is just and proper, which does not call for
any interference.
6. I have heard learned counsel for the parties, considered their rival
submissions made herein-above and gone through the records
minutely.
7. Learned Claims Tribunal has assessed the monthly income of
deceased Arvind Kumar Manhar to be Rs. 4,000/- per month,
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. 7,930/- per month. 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.
1 (2017) 16 SCC 680
2 (2009) 6 SCC 121
Nanu Ram @ Chuhru Ram & Ors3, this Court is re-computing
the compensation as below:-
Heads Compensation awarded Compensation awarded
by the Tribunal by this Court
Income as per Rs. 4000 per month i.e. Rs. 7,930 per month i.e.
minimum wages Rs. 4000 x 12 = Rs. 7,930 x 12 =
Rs. 48,000/- per annum Rs. 95,160/- per annum
Add future Rs. 48,000 + Rs. 95,160 +
prospects @ 40% Rs. 19,200 Rs. 38,064
= Rs. 67,200/- = Rs. 1,33,224/-
Deduction of 1/2 Rs. 67,200 - 33,600 Rs. 1,33,224 - 66,612
towards personal = Rs.33,600/- = Rs. 66,612/-
expenses
Multiplier of 18 Rs. 33,600 x 18 = Rs. 66,612 x 18 =
Rs. 6,04,800/- Rs. 11,99,016/-
Loss of Estate Rs. 15,000 x 2 = Rs. 16,500/-
Rs. 30,000/-
Funeral Expenses Rs. 15,000/- Rs. 16,500/-
Loss of consortium Rs. 15,000 x 2 = Rs. 44,000/- x 2 =
Rs. 30,000/- Rs. 88,000/-
Total Rs. 6,79,800/- Rs. 13,20,016/-
8. In view of the aforesaid analysis, the amount of compensation of
Rs. 6,79,800/- awarded by the Claims Tribunal is enhanced to Rs.
13,20,016/-. Hence, after deducting the amount of Rs. 6,79,800/-
already awarded by the Claims Tribunal, the appellants are entitled
for an additional amount of Rs. 6,40,216/-. The concerned
3 (2018) 18 SCC 130
respondent is directed to deposit the amount of compensation as
enhanced by this Court within a period of 45 days. The additional
amount of compensation shall carry interest @ 7% per annum from
the date of filing of claim application before the Tribunal till its
realization. However, for the period of 292 days, the appellants will
not be entitled for the interest, as the appeal filed herein is delayed
by 292 days. Rest of the conditions of the impugned award shall
remain intact.
9. Accordingly, this appeal is partly allowed and the impugned award
is modified to the extent as indicated herein-above.
Sd/-
(Sanjay K. Agrawal)
Judge
Ashok
