[Cites 4, Cited by 0]
Chattisgarh High Court
Kumar Verma vs Kundan Kumar on 22 April, 2026
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
1
2026:CGHC:18357
ASHOK
SAHU NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally signed
by ASHOK
SAHU
Date:
2026.04.22
16:41:56
+0530
MAC No. 2110 of 2019
1 - Kumar Verma, S/o. Lt. Rikhiram Verma, Aged About 40 Years, R/o.
Bajrang Nagar, Beergaon, P.S.- Khamtarai, Raipur, District- Raipur,
Chhattisgarh.
2 - Smt. Sharmila, W/o. Kumar Verma, Aged About 39 Years, R/o.
Bajrang Nagar, Beergaon, P.S.- Khamtarai, Raipur, District- Raipur,
Chhattisgarh.
... Appellants
versus
1 - Kundan Kumar, S/o. Hariram Jugele, Through- Ravi Ganpatlal, S/o.
Ganpatlal, Through- GFC Sumit Dhupp, 214 Punjabi Colony, G.E. Road,
Tatibandh, Raipur, P.S.- Amanaka, District- Raipur, Chhattisgarh. (Driver
Of Truck No. C.G.- 04 H.T.- 5117)
2 - Ravi Ganpatlal, S/o. Ganpatlal, Through- GFC Sumit Dhupp, 214
Punjabi Colony, G.E. Road, Tatibandh, Raipur, P.S.- Amanaka, District-
Raipur. (Owner Of Truck No. C.G.- 04 H.T.- 5117)
3 - The United India Insurance Co. Ltd. Through- Divisional Manager
(Division No. 1), The United India Insurance Co. Ltd. Kachahari Chowk
2
Raipur, Tahsil And District- Raipur, Chhattisgarh. (Insurer Of Truck No.
C.G.- 04 H.T.- 5117)
... Respondents
For Appellants : Mr. Rakesh Kumar Thakur, Advocate
For Respondent No.3 : Mr. Sudhir Agrawal, Advocate
(Single Bench)
Hon'ble Shri Justice Sanjay K. Agrawal
Judgment on Board
22.04.2026
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
30.07.2019 passed by the Fifth Additional Motor Accident Claims
Tribunal, Raipur in Claim Case No.821/2015, by which the claim
application of the claimants has been allowed and an amount of
compensation to the tune of Rs. 8,06,000/- has been awarded to the
claimants for the death of their son Lokesh Kumar Verma, aged
about 18 years, at the time of accident.
2. Appellants, who are father & mother of the deceased, have filed an
application under Section 166 of the Motor Vehicles Act before the
Motor Accident Claims Tribunal (for brevity "Claims Tribunal")
seeking compensation to the tune of Rs. 23,60,000/- pleading
therein that on the date of accident, deceased Lokesh Kumar Verma,
aged about 18 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
Lokesh Kumar Verma 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. 8,06,000/- with interest @
7% per annum from the date of filing of claim application.
4. Mr. Rakesh Kumar Thakur, learned counsel appearing 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.5,000/- per month, which
should be Rs. 5,860/- per month, as per the 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. Sudhir Agrawal, 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 Lokesh Kumar Verma to be Rs. 5,000/- 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. 5,860/- 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. 5000 per month i.e. Rs. 5,860 per month i.e.
minimum wages Rs. 5000 x 12 = Rs. 5,860 x 12 =
Rs. 60,000/- per annum Rs. 70,320/- per annum
Add future Rs. 60,000 + Rs. 70,320 +
prospects @ 40% Rs. 24,000 Rs. 28,128
= Rs. 84,000/- = Rs. 98,448/-
Deduction of ½ Rs. 84,000 - 42,000 Rs. 98,448 - 49,224
towards personal = Rs. 42,000/- = Rs. 49,224/-
expenses
Multiplier of 18 Rs. 42,000 x 18 = Rs. 49,224 x 18 =
Rs. 7,56,000/- Rs. 8,86,032/-
Loss of Estate Rs. 15,000/- Rs. 15,000/-
Funeral Expenses Rs. 15,000/- Rs. 15,000/-
Loss of consortium Rs. 20,000/- Rs. 80,000
(Rs. 40,000 x 2)
Total Rs. 8,06,000/- Rs. 9,96,032/-
8. In view of the aforesaid analysis, the amount of compensation of
Rs. 8,06,000/- awarded by the Claims Tribunal is enhanced to Rs.
9,96,032/-. Hence, after deducting the amount of Rs. 8,06,000/-
already awarded by the Claims Tribunal, the appellants are entitled
for an additional amount of Rs. 1,90,032/-. The concerned
respondent is directed to deposit the amount of compensation as
3 (2018) 18 SCC 130
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. 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
