[Cites 2, Cited by 0]
Chattisgarh High Court
Smt. Shilmani Rathiya vs Pitambar Singh Rathiya on 25 February, 2026
1
2026:CGHC:9835
Digitally
signed by
SIDDHANT
SIDDHANT TAMRAKAR
TAMRAKAR Date:
NAFR
2026.02.26
18:00:05
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1221 of 2022
1. Smt. Shilmani Rathiya W/o Late Rakesh Kumar Rathiya Aged About 36
Years Caste Kanwar, R/o Village Kartala, Thana And Tahsil Kartala, District
Korba Chhattisgarh. (Claimants)
2. Gitanjali D/o Late Rakesh Kumar Rathiya Aged About 18 Years Minor,
Through Legal Guardian Mother Smt. Shilmani Rathiya Appellant No. 1 R/o
Village Kartala, Thana And Tahsil - Kartala, District Korba Chhattisgarh.
3. Durgesh Kumar S/o Late Rakesh Kumar Rathiya Aged About 15 Years
Minor, Through Legal Guardian Mother Smt. Shilmani Rathiya Appellant
No. 1 R/o Village Kartala, Thana And Tahsil - Kartala, District Korba
Chhattisgarh.
4. Natthu Singh S/o Sundar Singh Rathiya Aged About 65 Years Caste
Kanwar, R/o Village Kartala, Thana And Tahsil - Kartala, District Korba
Chhattisgarh.
5. Smt. Ramkanwar W/o Shri Natthu Singh Aged About 60 Years Caste
Kanwar, R/o Village Kartala, Thana And Tahsil - Kartala, District Korba
Chhattisgarh.
... Appellant(s)
versus
1. Pitambar Singh Rathiya S/o Bhuneshwar Singh Rathiya R/o Village
Ghotmar, Thana - Kartala, Tahsil And District Korba Chhattisgarh. (Driver
Of The Offending Vehicle Tractor C.G. 12/b.B./2119)
2. Manbahal Rathiya S/o Ranjit Singh R/o Ghotmar, Thana- Kartala, Tahsil
And District Korba, Chhattisgarh. (Owner Of The Offending Vehicle Tractor
Cg-12/b.B./2119).
3. The Orintal Insurance Company Limited, Through Divisional Manager, The
Oriental Insurance Company Limited, And Address-Near Gitanjali Bhawan,
Old Bus Stand Korba, Tahsil And District Korba Chhattisgarh. (Insurer Of
The Offending Vehicle Tractor Cg-12/b.B./2119)
... Respondent(s)
For Appellants/Claimants : Mr. Arjun Lal Singroul, Advocate
For Respondent No. 3/ : Mr. R. N. Pusty, Advocate along with Mr.
Insurance Company Aakash Shrivastava, Advocate
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
25.02.2026
1. The claimants have filed this appeal under Section 173 of Motor Vehicle
Act assailing the judgment and award passed by the learned Motor
Accident Claims Tribunal, Korba passed in Claim Case No. 79/2021 dated
12.05.2022, whereby the learned Tribunal granted compensation to the
tune of Rs. 16,52,000/- at the rate of 6% per annum on account of death of
Rakesh Kumar Rathiya.
2. The facts in brief are that on 11.02.2021 at around 11.30 am motorcycle of
the deceased was dashed by Tractor bearing registration No. CG 12 BB
2119. In said accident, the deceased sustained injuries and succumbed to
death. The claimants who are widow, two children and parents filed claim
case under Section 166 of Motor Vehicle Act, wherein they pleaded that the
age of the deceased was 40 years at the time of accident and earning Rs.
42,000/- from agriculture. They claimed a sum of Rs. 1,23,00,000/-. The
Insurance Company filed reply and denied the averments made in the
claim petition. The learned Tribunal framed issues, parties led evidence,
and thereafter, award was passed.
3. Mr. Singroul would submit that the deceased was Sarpanch of Gram
Panchayat and he was an agriculturist, thus, he was earning Rs. 42,000/-
but the learned Tribunal has considered his income Rs. 10,000/- per
month, which is at lower side. He would further contend that the learned
Tribunal has not granted compensation for loss of consortium to claimants
No. 2 to 5. He would pray to enhance the compensation.
4. On the other hand, learned counsel appearing for the respondents would
oppose. They would submit that the learned Tribunal has granted just and
proper compensation and appeal deserves to be dismissed.
5. I have heard learned counsel for the parties and perused the record.
6. With regard to income, the learned Tribunal has recorded categorical
finding that the claimants could not establish separate income from Office
of Sarpanch, whereas, agricultural lands are still lying in the hands of the
claimants. The learned Tribunal applied minimum wage matrix and
assessed income of the deceased Rs. 10,000/-, which was payable to
skilled labourer in the month of February, 2021, thus, the learned Tribunal
has rightly assessed income part. With regard to loss of consortium, the
learned Tribunal has granted compensation on this head to claimant No. 1
alone, whereas, claimants No. 2 to 5 being children and parents of the
deceased, are equally entitled to receive compensation on this head. Thus,
the compensation requires reconsideration and same is being revisited
herein-below :-
Sr. Heads Compensation Compensation
No. awarded by Tribunal awarded by this
Court
1. Income Rs. 10,000 x12 = Rs. Rs. 10,000 x12 =
1,20,000/- Rs. 1,20,000/-
2. Future Prospect (25%) = 30,000/- (25%) = 30,000/-
3. Deduction (-) 1/4 Rs. 37,500/- (-) 1/4 Rs. 37,500/-
Rs. 1,12,500/- Rs. 1,12,500/-
4. Multiplier (x) 14 = Rs. (x) 14 = Rs.
15,75,000/- 15,75,000/-
5. Loss of Estate Rs. 16,500/- Rs. 16,500/-
6. Funeral expenses Rs. 16,500/- Rs. 16,500/-
7. Loss of consortium Rs. 44,000/- Rs. 44,000/-
(for appellant No. 1)
8. Loss of consortium(for NIL Rs. 44,000/-
appellant No. 2)
9. Loss of consortium(for NIL Rs. 44,000/-
appellant No. 3)
10. Loss of consortium(for NIL Rs. 44,000/-
appellant No. 4)
11. Loss of consortium(for NIL Rs. 44,000/-
appellant No. 5)
TOTAL Rs. 16,52,000/- Rs. 18,28,000/-
7. For the forgoing reasons, the appeal is allowed in part. The amount of
compensation of Rs. 16,52,000/- awarded by the tribunal is enhanced
to Rs. 18,28,000/-. Hence, after deducting the amount of Rs.
16,52,000/-, the appellants/claimants are held entitled for an additional
amount of Rs. 1,76,000/-. The Insurance Company is directed to
deposit the amount of compensation as enhanced by this Court within a
period of 60 days from the date of receipt of copy of this order. The
appellants shall not be entitled to receive any interest for the period of
delay caused in filing this appeal. Rest of the conditions of impugned
award shall remain intact.
8.Accordingly, the instant appeal is hereby partly allowed.
Sd/-
(Rakesh Mohan Pandey)
Judge
$iddhant
