[Cites 2, Cited by 0]
Chattisgarh High Court
Smt. Narbadia Bai vs Derha Singh on 26 February, 2026
1
2026:CGHC:9937
Digitally
ABHIGYA signed by NAFR
SAXENA ABHIGYA
SAXENA
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 47 of 2022
1 - Smt. Narbadia Bai W/o Late Hemraj Dhruv Aged About 36 Years R/o
Village Karankapa, Thana Takhatpur Tahsil And District Bilaspur
Chhattisgarh., District : Bilaspur, Chhattisgarh
2 - Manisha D/o Late Hemraj Dhruv Aged About 17 Years Minor
Through Legal Guardian Mother Smt. Narbadia Bai, R/o Village
Karankapa, Thana Takhatpur Tahsil And District Bilaspur Chhattisgarh.
3 - Abhilash Kumar S/o Late Hemraj Dhruv Aged About 16 Years Minor
Through Legal Guardian Mother Smt. Narbadia Bai, R/o Village
Karankapa, Thana Takhatpur Tahsil And District Bilaspur Chhattisgarh.
4 - Smt. Champa Bai W/o Nathel Kumar Dhruv Aged About 84 Years
R/o Village Karankapa, Thana Takhatpur Tahsil And District Bilaspur
Chhattisgarh.
... Appellant(s)
versus
1 - Derha Singh S/o Kanwal Singh Rajput Aged About 31 Years R/o
Village Sodhar , Thana Jarhagaon, Tahsil And District Mungeli
Chhattisgarh. (Driver Of The Offending Vehicle Truck No. C.G.
10/c/1317) (Driver)
2
2 - Dildar Singh S/o Dalvez Singh Aged About 52 Years R/o H.I.G. 5
Ward No. 11 Arya Colony Tifra , District Bilaspur Chhattisgarh (Owner
Of The Offending Vehicle Truck No. C.G. 10/c/1317) (Owner)
3 - Branch Manager Iffico Tokiyo General Insurance Company Limited ,
Branch Office Galaxy Height 1st Floor, I.C.I.C.I. Near Bank Byapar
Vihar Road, Thana Tarbahar District Bilaspur Chhattisgarh. (Insurer Of
The Offending Vehicle Truck No. C.G. 10/c/1317) (Insurer)
... Respondent(s)
For Petitioner(s) : Ms. Shalini Jangde, counsel holding brief of
Mr. A. L. Singroul, counsel
For Respondent(s) : None. Though served.
Hon'ble Shri Justice Rakesh Mohan Pandey
Judgment On Board
26.02.2026
1) This appeal has been preferred by the appellants/claimants under
Section 173 of Motor Vehicle Act, 1988 assailing the award
passed by learned First Additional Motor Accident Claims Tribunal,
Bilaspur in Claim Case No. 556/2019 dated 19.08.2021 whereby
learned Tribunal has passed an award to the tune of Rs.
11,45,000/- with interest @ 9% on account of death of Hemraj
Duruv.
2) Facts of the case, in brief, are that on 02.02.2019, the driver of
offending truck suddenly stopped the vehicle in middle of road as
a consequence the deceased dashed into the offending truck
resultantly the deceased sustained injuries and during treatment
he succumbed to death. The claimants, who are mother, wife and
children, filed claim case under Section 166 of the Motor Vehicles
Act wherein they pleaded that the age of deceased was 37 years
and was earning Rs.30,000/- per month. They claimed a sum of
Rs.45,00,000/- before the Tribunal.
3) Learned counsel for the appellant submits that the offending truck
bearing Registration No.CG10 C 1317 was stationary at the
middle of the road without indicators and the deceased Hemraj
Dhruv dashed his motorbike against the said truck resultantly he
sustained injuries and during course of treatment succumed to
death. She would submits that the deceased remained
hospitalized from 02.02.2019 to 06.02.2019. She would further
submits that the deceased was 37 years of age and earning
Rs.30,000/- per month. Learned counsel for the appellants
submits that learned Tribunal has assessed the notional income of
the deceased to be Rs. 6,000/- per month which is not in
consonance with the minimum wage matrix applicable in the State
of Chhattisgarh at the relevant time. She also contended that on
conventional heads the Tribunal has not granted proper
compensation. She prays to enhance the compensation
accordingly.
4) Despite service of notice, no representation has been made on
behalf of the insurance company.
5) I have heard Ms. Jandge at length and perused the record.
6) Admittedly, the age of the deceased was 37 years. Although the
claimants did not place on record any documentary evidence to
establish the monthly income of the deceased as ₹30,000/-, the
learned Tribunal, however, assessed the monthly income of the
deceased at ₹6,000/- per month. In the absence of any cogent or
reliable evidence regarding the income of the deceased, the
Tribunal was required to apply the minimum wages matrix. The
minimum wage payable to an unskilled labourer in February, 2019
was ₹8,200/- per month, and therefore, the learned Tribunal ought
to have considered the said figure while assessing the income of
the deceased. Further, the learned Tribunal has awarded a sum of
₹75,000/- towards loss of estate and loss of love and affection,
₹15,000/- towards funeral expenses, and only ₹40,000/- towards
loss of consortium. The compensation awarded by the Tribunal
under the conventional heads also warrants reconsideration.
7) Thus, in light of the aforesaid discussion, this Court is re-
computing the compensation as below:
Compensation
Sr. Compensation
Heads awarded by this
No. awarded by Tribunal
Court
Rs.72,000/- Rs. 98,400/-
1. Annual Income
(@Rs.6,000 pm) (@Rs. 8,200 pm)
Annual income after
Rs. 54,000/- Rs. 73,800/-
2. Deduction Towards
(@1/4) (@1/4)
Personal Expenses
Rs. 67,500/- Rs. 1,03,320/-
3. Future Prospect
(@25%) (@25%)
Annual Income after Rs. 9,45,000/- Rs. 14,46,480/-
4.
Applying Multiplier (@14) (@14)
5. Treatment of Deceased Rs.70,000/- Rs.70,000/-
6. Loss of Companionship Rs.40,000/- Rs.40,000/-
7. Loss of Consortium Rs.75,000/- Rs. 1,44,000/-
(Five Claimants) (Three Claimants)
8. Funeral Expenses Rs.15,000/- Rs.15,000/-
9. Loss of Estate Nil Rs.18,000/-
Total Rs.11,45,000/- Rs.17,33,480/-
8) Accordingly, the amount of compensation of Rs. 11,45,000/-
awarded by the Claims Tribunal is enhanced to Rs. 17,33,480/-.
Hence, the appellants are entitled for an additional amount of Rs.
5,88,480/-. The Insurance Company is directed to make payment
of additional compensation assessed herein-above within period
of 60 days. Rest of the terms of the award shall remain intact.
9) Accordingly, the appeal is allowed in part and the impugned
award is modified to the extent as indicated herein-above.
Sd/-
(Rakesh Mohan Pandey)
JUDGE
Saxena
