[Cites 5, Cited by 0]
Chattisgarh High Court
Anju Sharma vs Vishwanath Bhardwaj on 15 April, 2026
1
AMITA
2026:CGHC:17217
DUBEY
Digitally signed
by AMITA NAFR
DUBEY
Date: 2026.04.16
18:02:06 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1015 of 2024
1 - Anju Sharma Wife Of Late Chandrashekhar Aged About 35 Years
Resident Of Gram Pani Tanki Bankimogra, Ward No. 66, District - Korba
(C.G.).
2 - Minor Raunak Sharma Father Late Chandrashekhar Sharma Aged About
10 Years Natural Guardian Of Minor Is Anju Sharma (Mother) W/o Late
Chandrashekhar Sharma, Aged 35 Years, Resident Of Gram Pani Tanki
Bankimogra, Ward No. 66, District - Korba (C.G.).
3 - Minor Laxita Sharma Father Late Chandrashekhar Sharma Aged About 1
Years Natural Guardian Of Minor Is Anju Sharma (Mother) W/o Late
Chandrashekhar Sharma, Aged 35 Years, Resident Of Gram Pani Tanki
Bankimogra, Ward No. 66, District - Korba (C.G.).
4 - Pama Devi Husband Rajendra Sharma Aged About 70 Years Resident Of
Gram Pani Tanki Bankimogra, Ward No. 66, District - Korba (C.G.).
... appellants
versus
1 - Vishwanath Bhardwaj Son Of Late Yaadram Bhardwaj Aged About 30
Years Resident Of Gram Manikpur, District Korba, ( C.G.) .............. (Driver).
2 - Krishna Murali Singh Son Of Kushwar Singh Aged About 44 Years
Resident Of 1/50 M.P. Nagar 24, Korba, Teh And District Korba
(C.G.) .................... (Owner Of Vehicle).
2
3 - Branch Manager, United Insurance, Near Niharika Talkies, Korba
(C.G.) .............. ( Insurance Company).
...Respondent(s)
For Appellants : Mr. Aakash Aahuja and Mr. K. P. Sahu, Advocates
For Res./ Insurance : Mr. Pravesh Sahu, Advocate holding brief of Mr.
Company Dashrath Gupta, Advocate
Hon'ble Shri Justice Sachin Singh Rajput,
Order on Board
15.04.2026.
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for
short MV Act) has been filed by the appellants/claimants, being
aggrieved by the award dated 13.02.2024 passed by the learned
2nd Additional Motor Accident Claims Tribunal, Katghora, District-
Korba (C.G.) in Claim Case No. 61 of 2022.
2. By the impugned award, the learned Tribunal has awarded
compensation of Rs. 12,37,890/- to the appellants/claimants, on
account of the death of deceased/Chandrashekhar Sharma an
accident that took place on 26.07.2021 by rash and negligent
driving of the offending vehicle (Pickup) bearing Registration No.
CG12-AQ/1385 driven by driver/respondent No. 1 Owned by
Owner/respondent No. 2 insured with the Insurance
Company/respondent No. 3. As a result of the said accident, the
deceased/ Chandrashekhar Sharma sustained severe injuries, due
to which he died.
3. As per the pleadings, the deceased/ Chandrashekhar Sharma was
aged about 44 years and was doing transport business and was
earning Rs. 50,000/- per month. The appellants/claimants were
dependent upon the income of the deceased.
4. Respondent No. 1 & 2/Driver, owner and Respondent
No.3/Insurance company have filed their written statement, in usual
course, denied the averments of the claim application. The
Insurance Company further pleaded that the driver of the offending
vehicle did not have valid and effective driving licence and there is
a violation of terms and conditions of insurance policy.
5. On the basis of the above pleadings, the learned Tribunal has
framed four issues and after appreciating the material available on
record decided the same in favour of the appellants/claimants and
awarded above stated compensation.
6. Learned counsel for the appellants/claimants submits that the
deceased/ Chandrashekhar Sharma was aged about 44 years and
was doing transport business and was earning Rs. 50,000/- per
months whereas the learned Tribunal assessed the monthly income
of the deceased to Rs. 6,812/-. Alternatively, he submits that
looking to the age, two minor children, date of accident, atleast
minimum wages should have been taken for assessment of
compensation and amount on other heads is also on the lower
side. Hence, suitable enhancement may be made by this Court.
7. Learned counsel for the respondent No.3. Supports the award and
submits that in view of evidence available on record and findings of
the learned Tribunal is justified and just compensation has been
awarded.
8. I have heard learned counsel for the parties, considered their rival
submissions and perused the records.
9. Considering the evidence available on record; number of
dependents; age of the deceased; date of accident; nature of job &
minimum wages prevailing at that time this Court is of the view that
Rs. 12,000/- can be safely taken as income of the deceased.
10. In light of the above and taking guidance from the judgment of
Hon'ble Supreme Court in the matter of National Insurance
Company Ltd. V. Pranay Sethi and others; (2017) 16 SCC 680,
Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors;
(2009) 6 SCC 121 and Magma General Insurance Co. Ltd. v.
Nanu Ram @ Chuhru Ram & Ors; (2018) 18 SCC 130, this Court
is recomputing the compensation as below:-
S.N Particular Awarded by this Court
1. Monthly Income of the 12,000/-
deceased
2. Future Prospects @ 25% 3000/-
3. Total Income 15,000/-
4. Total Yearly Income 15000X12= 1,80,000/-
5. Personal expenditure (1/4) 1,80,000/4= 45,000/-
6. Net Income 1,80,000- 45,000= 1,35,000/-
7. Multiplier of 14 applied to 1,35,000X14= 18,90,000/-
assess total loss of
dependency
8. Funeral Expenses 16,500/-
9. Loss of estate 16,500/-
Spousal Consortium 44,000/-
10. Filial and Parental 01,20,000/-
Consortium
Total compensation 20,87,000/-
11. For the forgoing reasons, the appeal is allowed in part. The amount
of compensation of Rs. 12,37,890/- awarded by the Tribunal is
enhanced to Rs. 20,87,000/-. Hence, after deducting the amount of Rs.
12,37,890/-, the appellants/claimants are held entitled for an additional
amount of Rs. 8,49,110/-. The additional amount shall carry interest
@6% per anuum from the date of appeal i.e. 24.04.2024 The impugned
award stands modified to the above extent.
12. The insurance company is directed to deposit the amount of
compensation as enhanced by this Court within a period of 60 days
from today, on such deposit being made, one F.D. of Rs. 2.5 lacs for a
period of two years shall be made in the name of appellant No. 1/ Smt.
Anju Sharma and two fix deposits of Rs. 2.5 lacs each shall be made in
the names of appellant No. 2- Minor Raunak Sharma and appellant No.
3- Minor Laxita Sharma. The said amount shall be permitted to be
withdrawn by them upon attaining the age of majority. Further a sum of
Rs. 50,000/- shall be disbursed to appellant No. 4- Pama Devi and
remaining amount shall be disbursed to the appellant No. 1.
13. Consequently, the appeal is partly allowed.
Sd/-
(Sachin Singh Rajput)
Judge
Ami
