[Cites 4, Cited by 0]
Chattisgarh High Court
Smt. Sadhna Bai Dhruve vs Satish Kumar Neti on 20 April, 2026
1
2026:CGHC:17807
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1331 of 2023
1 - Smt. Sadhna Bai Dhruve W/o Late Sukhsagar Dhruve Aged About 30 Years R/o Village
Mendrapara, Ward No. 15, Ratanpur, P.S. Ratanpur, Tahsil And, District : Bilaspur,
Chhattisgarh
2 - Sameer S/o Late Sukhsagar Dhruve Aged About 8 Years Minor Through Legal Natural
Guardian Mother Smt. Sadhna Bai, R/o Village Mendrapara, Ward No. 15, Ratanpur, P.S.
Ratanpur, Tahsil And District - Bilaspur, Chhattisgarh.
3 - Amar Kumar S/o Late Sukhsagar Dhruve Aged About 6 Years Minor Through Legal
Natural Guardian Mother Smt. Sadhna Bai, R/o Village Mendrapara, Ward No. 15, Ratanpur,
P.S. Ratanpur, Tahsil And District - Bilaspur, Chhattisgarh.
4 - Ku. Latika D/o Late Sukhsagar Dhruve Aged About 3 Years Minor Through Legal
Natural Guardian Mother Smt. Sadhna Bai, R/o Village Mendrapara, Ward No. 15, Ratanpur,
P.S. Ratanpur, Tahsil And District - Bilaspur, Chhattisgarh.
5 - Smt. Chandrakali D/o Late Janakram Aged About 57 Years R/o Village Mendrapara,
Ward No. 15, Ratanpur, P.S. Ratanpur, Tahsil And District - Bilaspur, Chhattisgarh.
... Appelalnt(s)
versus
1 - Satish Kumar Neti S/o Shyamlal Neti Aged About 31 Years Occupation - Driver,
Resident Of Village Dhawaipur (Nawagaon) P.S. Katghora, District Korba Chhattisgarh
(The Then Driver Of Offending Vehicle Scorpio Bearing Registration No. C.G.-12-A R/
6937)
2 - Shashikant Mishra S/o Nirbhaynath Mishra Aged About 44 Years R/o Village
Imalichhapar, Kusmunda, P.S. Kusmunda, Tahsil Kusmunda, District Korba Chhattisgarh
(Registered Owner Of Offending Vehicle Scorpio Bearing Registration No. C.G.-12-A R/
6937)
3 - The New Insurance Company Ltd. Through Branch Manager, Branch Office- Ramatrade
Centre, Infront Of Rajeev Plaza, Near Bus Stand, Bilaspur, P.S. City Kotwali, Tahsil
Bilaspur, District Bilaspur Chhattisgarh (Insurer Of Offending Vehicle Scorpio Bearing
Registration No. C.G.-12-A R/ 6937) ... Respondent(s)
For Appellant (s) : Ms. Preeti Singroul, Advocate
For Respondent(s) : Ms. Manshi Bande, Advocate
Hon'ble Shri Justice Sachin Singh Rajput
Order on Board
20/04/2026
Heard on IA No. 01 - application for condonation of delay in filing the
appeal.
2. On due consideration and for the reasons mentioned in the
application, and also considering that appellant Nos. 2 to 4 are minors; and
that the Motor Vehicles Act is a benevolent legislation, the delay of 40 days
in filing the appeal is hereby condoned.
3. With the consent of the parties the matter is heard finally.
4. Challenge in this appeal is to an award dated 02.03.2023 passed in
Motor Accident Claim Case No. 1712 of 2021 by the Additional Motor
Accident Claims Tribunal, Bilaspur, District Bilaspur, CG by which against
a claim of Rs. 30,55,280/-, the learned Tribunal has awarded
compensation of Rs. 20,84,720/- in favour of the appellants on account of
death of the deceased Sukhsagar Dhruve in an accident that took place on
19.09.2021 by rash and negligent driving of the offending vehicle Scarpio
bearing registration No. CG 12 AR 6937 by respondent No. 1/driver, owned
by respondent No. 2/owner and insured with respondent No. 3 / insurance
company.
5. As per pleading of the claim application, the deceased died on
account of the said accident, he was a mason and was earning Rs. 15,000/-
per month.
6. The claim application was resisted by the respondents on various
grounds and denied the averments of the claim application and respondent
No. 3 / insurance company pleaded that there is violations of terms and
conditions of the insurance policy. The learned Tribunal framed issues on
the basis of the pleadings and decided the same in favour of the claimants
and awarded the above stated compensation.
7. Learned counsel for the appellant submits that the deceased was
aged about 31 years and was working as a mason being a skilled labour. It
is contended that he was earning Rs. 15,000/- per month however, the
learned Tribunal has erroneously assessed his monthly income only Rs.
9200/-. Therefore, it is prayed that a suitable enhancement may be made.
8. Learned counsel for the respondent supports the impugned award
and submits that no documentary evidence with regard to the occupation
and income of the deceased was produced. It is therefore contended that
the learned Tribunal has rightly awarded just compensation and no
interference is warranted.
9. Heard learned counsel for the parties and perused the records.
10. Taking into consideration the submissions and also evidence on
record, age of the deceased; minimum wages; number of dependents
including mother, wife and three minor children aged about 8, 6 and 3 year
to make the compensation just, this Court is inclined to take the monthly
income of the deceased to Rs. 11,000/- per month. In light of the decisions
of the Hon'ble Supreme Court in the matters of Smt. Sarla Verma and
others VS. Delhi Transport Corporation and another reported in (2009)
6 SCC 121 and National Insurance Co. Ltd. Vs. Pranay Sethi reported in
(2017) 16 SCC 680 and Magma General Insurance Co. Ltd. v. Nanu Ram
@ Chuhru Ram & Ors; (2018) 18 SCC 130 this Court computes the
compensation in the following manner:-
S. No. Description Amount
1. Monthly income 11000/-
2. 40% Future prospect 4400/-
3. Total Monthly Income (11000+4400) 15400/-
4. Total Yearly Income (15400x12) 1,84,800/-
5. 1/4 Deduction for personal expenses of 46,200/-
deceased
6. Net income 1,38,600/-
7. Multiplier of 16 applied to assess total loss of 22,17,600/-
dependency
8. Funeral Expenses 16500/-
9. Loss of estate 16500/-
10. Spousal consortium 44000/-
11. Parental and filial consortium 1,60,000/-
12. Total compensation 24,54,600/-
11. For the forgoing reasons, the appeal is allowed in part. The amount of
compensation of Rs. 20,84,720/- awarded by learned tribunal is enhanced
to Rs. 24,54,600/-. Hence, after deducting the amount of Rs. 20,84,720/-,
the claimants are held entitled for an additional amount of Rs. 3,69,880/-.
The additional amount shall carry interest @ 6% per annum from the date
of appeal i.e. 26.07.2023. The impugned award stands modified to the
above extent.
12. The Insurance Company is directed to deposit the enhanced amount
of compensation within 60 days. After deposit Rs. 75,000/- (each) shall be
invested as fixed deposit in a nationalized bank till attaining majority in the
name of appellant Nos. 2 to 4; Rs. 75,000/- shall be invested as fixed
deposit in a nationalized bank for a period of two years in the name of
appellant No. 1; Rs. 50,000/- be disbursed to appellant No. 5. Remaining
amount shall be paid to appellant No. 1 through bank transaction/account
payee cheque.
13. No cost.
Sd/-
(Sachin Singh Rajput)
JUDGE
Pawan
