[Cites 4, Cited by 0]
Chattisgarh High Court
Ramayan Bai Shriwas vs Vimlesh Kumar Sharma on 20 April, 2026
1
Digitally
2026:CGHC:17785
SAIFAN signed by
KHAN SAIFAN NAFR
KHAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 494 of 2020
1 - Ramayan Bai Shriwas W/o Late Ramshankar Shriwas Aged About
44 Years R/o Village- Champa, Police Station And Tahsil - Champa,
District- Janjgir-Chmpa, Chhattisgarh., District : Janjgir-Champa,
Chhattisgarh
2 - Ku. Saraswati Shriwas D/o Late Ramshankar Shriwas, Aged About
19 Years R/o Village- Champa, Police Station And Tahsil - Champa,
District- Janjgir-Chmpa, Chhattisgarh., District : Janjgir-Champa,
Chhattisgarh
3 - Ku. Neha Shriwas D/o Late Ramshankar Shriwas Aged About 4
Years R/o Village- Champa, Police Station And Tahsil - Champa,
District- Janjgir-Chmpa, Chhattisgarh., District : Janjgir-Champa,
Chhattisgarh
... Appellant
Versus
1 - Vimlesh Kumar Sharma S/o Devnarayan Sharma Aged About 44
Years R/o Sutarra Road, Bankimongra, Police Station- Bankimongra,
District- Korba, Chhattisgarh., District : Korba, Chhattisgarh
2 - Jimdar Rai S/o Ramjut Rai Aged About 30 Years R/o Village-
Purkhouli, Chatti, Police Station- Lalganj, District- Vaishali, Bihar, At
Present R/o Chhurakachhar, Bankimonga, Police Station- Bankimongra,
District- Korba, Chhattisgarh. (Vehicle Driver), District : Korba,
Chhattisgarh
3 - National Insurance Compoany Limited Division Officer- Korba
290600, Plot No. 768, First Floor, Bandhan Bank Ke Upar, Niharika
Kosabvadi, Main Road, Kosabadi, District- Korba, Chhattisgarh.
(Insurance Company), District : Korba, Chhattisgarh
... Respondents
[Cause-title taken from Case Information System (CIS)]
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For Appellants : Mr. Kalpesh Ruparel, Advocate
For Respondents- 1 & 2 : None though served.
For Respondent No.3 : Mr. Dashrath Gupta, Advocate
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Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal
(Order on Board)
20.04.2026
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. 01.02.2019, whereby learned Claims Tribunal has awarded a
total sum of Rs.8,62,000/- as compensation for the death of
Ramshankar Shriwas.
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.9,000/- per month which should be Rs.9,780/- as per
Chhattisgarh Minimum Wages Notification issued by the office of the
Labour Commissioner, Chhattisgarh. Further, learned Claims Tribunal
also erred in not calculating any amount under the head of future
prospect which ought to have been granted @ 10% of his income. Even
on the heads of loss of estate, loss of consortium and funeral expenses
just and proper amount has not been awarded and same are liable to
be enhanced accordingly. Therefore, the instant appeal be allowed and
the compensation awarded by the Claims Tribunal may suitably be
enhanced.
3. Learned counsel for the respondent-Insurance Company 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 to be Rs.9,000/-, 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.9780/- PM (as per minimum wages prescribed
at relevant time). Further, no amount on the head of future prospect has
been awarded, where it ought to have been taken upto 10% of the
income of the deceased. Even, on the loss of estate, funeral expenses
and heads of loss of consortium to each of the appellants Rs.15,000/-,
Rs.15,000/- and Rs.40,000/- respectively have only been awarded in
total, but it ought to have been awarded Rs.18,000/-, Rs. 18,000/- and
Rs.40,000/- X 3 = Rs.1,20,000/- respectively for all the appellants.
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
1 (2017) 16 SCC 680
2 (2009) 6 SCC 121
3 (2018) 18 SCC 130
No. awarded by the awarded by this
Tribunal Court
1. Income Rs.9000/- x 12 = Rs.9780/- x 12 =
Rs.1,08,000/- Rs.1,17,360/-
2 Future Prospect Nil (+) 10% (i.e. Rs.
11736/-)
= Rs.1,29,096/-
3. Deduction (-) 1/3 (i.e. (-) 1/3 (i.e.
Rs.36,000) = Rs. Rs.43,032/-) =
72,000/- Rs.86,064/-
4. Multiplier (x) 11 = (x) 11 =
Rs.7,92,000/- Rs.9,46,704/-
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.1,20,000/-
Total Rs.8,62,000/- Rs.11,02,704/-
7. In view of the aforesaid analysis, the amount of compensation of
Rs.8,62,000/- awarded by the Claims Tribunal is enhanced to
Rs.11,02,704/-. Hence, after deducting the amount of Rs.8,62,000/-, the
appellants are held entitled for an additional amount of Rs.2,40,704/-.
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
compensation shall carry interest @ 8% per annum from the date of
filing of claim application before the Tribunal 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.
s@if sd/-
(Sanjay K. Agrawal)
Judge
