Vikas Dayal (Died And Deleted) vs Deepak Kiri
2026 Latest Caselaw 1967 Chatt

Citation : 2026 Latest Caselaw 1967 Chatt
Judgement Date : 22 April, 2026

[Cites 3, Cited by 0]

Chattisgarh High Court

Vikas Dayal (Died And Deleted) vs Deepak Kiri on 22 April, 2026

Author: Sanjay K. Agrawal

Bench: Sanjay K. Agrawal

                                         1




                                                       2026:CGHC:18355


ASHOK                                                                 NAFR
SAHU

Digitally
signed by
ASHOK SAHU
             HIGH COURT OF CHHATTISGARH AT BILASPUR
Date:
2026.04.22
17:44:04
+0530
                              MAC No. 2211 of 2019


      1 - Vikas Dayal (Died And Deleted) As Per Court Order Dated 30-03-
      2026. Through Lrs-

      1.1 - Smt. Jayanti Dayal, Wd/o. Late Vikas Dayal, Aged About 41 Years,
      R/o. At 116 Akash Nagar Rajeev Gandhi Ward No. 33, Jagdalpur, Distt.
      Bastar, Chhattisgarh.


      1.2 - Rinku Dayal, S/o. Late Vikas Dayal, Aged About 18 Years, R/o. At
      116 Akash Nagar Rajeev Gandhi Ward No. 33, Jagdalpur, Distt. Bastar,
      Chhattisgarh.
                                                              --- Appellants
                                      versus

      1 - Deepak Kiri, S/o. Shri Kishan Chand Kiri, Aged About 28 Years, R/o.
      Vrindavan Colony Behind Kalibadi School Jagdalpur, District Bastar,
      Chhattisgarh...........(Driver Of The Vehicle)


      2 - Kushlachand Kiri (Khatri), S/o. Late Padamchand Kiri, R/o.
      Vrindavan Colony Behind Kalibadi School Jagdalpur, District Bastar,
      Chhattisgarh. ..........(Owner Of The Vehicle)
                                      2



3 - The Branch Manager, HDFC Ergo General Insurance Company
Limited, 3rd Floor Chawla Complex, Devendra Nagar Road, Sai Nagar
Raipur, District Raipur, Chhattisgarh. ...........(Insurer)
                                                    --- Respondents

For Appellants : Mr. Vikas Patel, Advocate on behalf of Mr. P.K.Tulsyan, Advocate For Respondent No.3 : Mr. Harshmander Rastogi, Advocate

Branch Manager, HDFC Ergo General Insurance Company Ltd, 3rd Floor, Chawla Complex, Devendra Nagar Road, Sai Nagar, Raipur, Chhattisgarh. 492001 (Insurer Of Vehicle No. Chhattisgarh 17-K.F.- 8300).

---Appellant Versus

1 - Vikas Dayal, S/o. Late Premdayal, Aged About 42 Years, R/o. Rajiv Gandhi Ward, No. 33, Akash Nagar, Thana- Bodhghat, Jagdalpur, District- Bastar, Chhattisgarh. (Claimant)

2 - Dipak Kiri, S/o. Shri Kishanchand Kiri, Aged About 28 Years, R/o. Vrindavan Colony, Behind Kalibadi School, Chhattisgarh, (NB- Complete Address Not Mention By The Tribunal And The Said Location Is Situated At- Thana Bodhghat, District- Bastar, Chhattisgarh, (Driver Of Vehicle No. CG- 17 K.F.-8300)

3 - Kushalchand Kiri (Khatri), S/o. Late Padamchand Kiri, R/o. Vrindavan Colony, Behind Kalibadi School, Chhattisgarh (NB- Complete

Address Not Mention By The Tribunal And The Said Location Is Situated At- Thana Bodhghat, District- Bastar, Chhattisgarh. (Owner Of Vehicle No. CG-17-K.F.-8300)

--- Respondents

For Appellant : Mr. Harshmander Rastogi, Advocate For Respondent No.1 : Mr. Vikas Patel, Advocate on behalf of Mr. P.K.Tulsyan Advocate

(Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal

Order on Board

22.04.2026

1. Against the impugned award dated 18.10.2019 passed by the

learned Third Additional Motor Accident Claims Tribunal, Bastar

Place Jagdalpur in Claim Case No.30/2018, the claimants have

preferred MAC No.2211/2019 seeking enhancement of the amount

of compensation, whereas the insurance company has preferred

MAC No.332/2020 seeking deduction on the amount of

compensation.

2. Since common question of law and facts are involved in both the

appeals, they are clubbed together, heard together and disposed of

by this common order.

3. Mr. Vikas Patel, learned counsel appearing for the claimants, would

submit that the learned Claims Tribunal has determined that the

claimant has suffered 100% permanent disability, however, just &

proper compensation has not been awarded; therefore, the amount

of compensation be enhanced suitably.

4. Mr. Harshmander Rastogi, learned counsel appearing for the

insurance company, would submit that the amount of compensation

awarded by the learned Claims Tribunal is on much higher side,

therefore, the same may be reduced.

5. I have heard learned counsel for the parties, considered their rival

submissions made herein-above and gone through the records

meticulously.

6. So far as the appeal of the insurance company is concerned, the

learned Claims Tribunal, after having considered the evidence

available on record, has clearly recorded a finding that there is

transplantation of right pelvic bone of original claimant, which has

been proved by Dr. L.L.Thakur (AW-4) & Dr. Sachin Mall (AW-2),

which amounts to 100% permanent disability. The said finding

recorded by the learned Claims Tribunal is a correct finding of fact

based on evidence available on record, which is neither perverse

nor contrary to the record; therefore, the appeal of the insurance

company has no merit, the same is liable to be and hereby

dismissed.

7. So far as the appeal of the claimant is concerned, the Claims

Tribunal has assessed the monthly income of the deceased to be Rs.

5,000/- per month, which ought to have been taken Rs. 6,648/- per

month as per the Chhattisgarh Minimum Wages Notification issued

by the office of the Labour Commissioner, Chhattisgarh. 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 & Ors3, this Court is

recomputing the compensation as below:-

Heads Compensation awarded Compensation by the Tribunal awarded by this Court

Income as per Rs. 5,000/- p.m. Rs. 6,648/- p.m. minimum wages Rs. 60,000/- p.a. Rs. 79,776/- p.a.

Future prospects Nil Add 25% :