[Cites 2, Cited by 0]
Chattisgarh High Court
Janaki Bai vs Resham Lal on 27 February, 2026
1
2026:CGHC:10216
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 744 of 2022
1. Janaki Bai W/o Late Manharan Yadav Aged About 40 Years Caste
Yadav, R/o Janjgir, P.S. And Tahsil Janjgir, District Janjgir
Champa, Chhattisgarh
2. Sandeep S/o Late Manharan Yadav Aged About 21 Years Caste
Yadav, R/o Janjgir, P.S. And Tahsil Janjgir, District Janjgir
Champa, Chhattisgarh
3. Krishna @ Golu, S/o Late Manharan Yadav Aged About 18 Years
Caste Yadav, R/o Janjgir, P.S. And Tahsil Janjgir, District Janjgir
Champa, Chhattisgarh
4. Ram Kumar S/o Late Manharan Yadav Aged About 14 Years
Minor Through Legal Natural Guardian Mother Janaki Bai, Wife Of
Late Manharan Yadav, Caste Yadav, R/o Janjgir, P.S. And Tahsil
Janjgir, District Janjgir Champa, Chhattisgarh
5. Bittu @ Ganesh (Ingured Person) S/o Late Manharan Yadav Aged
About 11 Years Minor Through Legal Natural Guardian Mother
Janaki Bai, Wife Of Late Manharan Yadav, Caste Yadav, R/o
Janjgir, P.S. And Tahsil Janjgir, District Janjgir Champa,
Chhattisgarh
6. Kumari Roshani S/o Late Manharan Yadav Aged About 6 Years
Minor Through Legal Natural Guardian Mother Janaki Bai, Wife Of
Late Manharan Yadav, Caste Yadav, R/o Janjgir, P.S. And Tahsil
Janjgir, District Janjgir Champa, Chhattisgarh
... Appellant(s)
versus
1. Resham Lal S/o Gokul Prasad Yadav, Aged About 34 Years R/o
Village Semra, P.S. Nawagarh, District Janjgir Champa
Chhattisgarh (Driver Of The Offending Vehicle)
2
2. Santosh Kumar Yadav S/o Ramsnehi Yadav Aged About 50 Years
R/o Village Janjgir Near Netaji Chowk, Tahsil Janjgir, District
Janjgir Champa Chhattisgarh (Owner Of The Offending Vehicle)
3. Regional Manager, Shreeram General Company Ltd. Plot No. 01,
Fourth Floor, Maruti Height G.E. Road, Raipur, Near R.K. Maal,
Raipur Chhattisgarh (Insurer Of The Offending Vehicle)
... Respondent(s)
For Appellants : Mr. Pawan Kumar Kashyap, Advocate
For Respondent No.3 : Mr. Utsav Mahiswar, Advocate
Hon'ble Shri Justice Rakesh Mohan Pandey
Judgment On Board
27.2.2026
1) This appeal has been preferred by the appellants/ claimants under
Section 173 of Motor Vehicle Act, 1988 assailing the award
passed by Second Additional Motor Accident Claims Tribunal,
Janjgir, District Janjgir Champa in Claim Case No. 97/2018 dated
12.2.2020, whereby learned Tribunal has passed respective
awards to the tune of Rs. 11,59,000/- with interest @ 9% on
account of death of Manharan Yadav and Rs. 4,30,000/- with
interest @ 9% on account of injuries sustained by Bittu alias
Ganesh.
2) The relevant facts in the instant case are that the deceased
Manharan Yadav was working as a driver of a private school bus.
He met with an accident on 1.6.2017 while traveling on a
motorcycle and was hit by a truck bearing Registration
No.CG/04/JA/5660 owned by respondent no. 2 and driven by
respondent no. 1 at the relevant point of time. The deceased was
aged around 51 years at the time of accident. The deceased, as a
result of accident, received grievous injuries to which he later
succumbed. The legal representatives of the deceased had filed a
claim application before the 2nd Additional Motor Accident Claims
Tribunal, Janjgir where the case was registered as Motor Accident
Claim Case No. 97/2018.
3) Learned counsel for the appellants submits that on account of
death of Manharan Yadav, learned Tribunal has rightly assessed
the notional income and awarded appropriate compensation
under conventional heads but erred in law in granting a meager
sum of Rs. 40,000/- towards loss of consortium overlooking the
number of dependents. He further submits that on account of
injuries sustained by Bittu alias Ganesh, learned Tribunal has not
granted separate compensation towards attendant charges and
special diet. He prays to modify the respective awards.
4) On the other hand, learned counsel appearing for the Insurance
Company submits that learned Tribunal has awarded just and
proper compensation and there is no scope for interference.
5) Heard learned counsel for the parties and perused the record with
utmost circumspection.
6) It appears that claimants preferred a joint claim petition seeking
compensation on account of death of Manharan Yadav and
injuries sustained by Bittu alias Ganesh. Learned Tribunal has
awarded following award on account of death of Manharan
Yadav :-
Sr. Heads Compensation awarded
No. by Tribunal
1. Annual Income Rs. 1,20,000/-
(@ Rs.10,000/- pm)
2. Annual Income after adding Rs. 1,32,000/-
future prospect @ 10%
3. Annual Income after Rs. 99,000/-
deduction towards personal
expenses @ 1/4
4. Annual Income after Rs. 10,89,000/-
applying Multiplier @ 11
5. Loss of Estate Rs. 15,000/-
6. Funeral Expenses Rs. 15,000/-
7. Loss of Consortium Rs. 40,000/-
TOTAL Rs. 11,59,000/-
7) The claimants are not aggrieved with Tribunal's assessment of
income of deceased and compensation under conventional heads
and dispute is limited to compensation towards loss of consortium.
Tribunal has awarded a meager sum of Rs. 40,000/- under this
head whereas claimants who are the widow and five children of
deceased are entitled to receive separate compensation towards
loss of consortium as held by Hon'ble Supreme in the matter of
Magma General Insurance Co. Ltd. V. Nanu Ram @ Chuhru
Ram & Ors.1 . Therefore, in my opinion, five claimants are entitled
to receive Rs. 40,000/- each along with an additional sum of 20%
i.e. total sum of Rs. 2,40,000/-.
1. (2008) 18 SCC 130
8) Learned Tribunal has passed following award on account of
injuries sustained by Bittu alias Ganesh :-
Sr. Heads Compensation awarded
No. by Tribunal
1. Pain and Suffering Rs. 4,00,000/-
2. Loss of Earning to parents Rs. 10,000/-
during period of
hospitalization
3. Medical Bills Rs. 10,000/-
4. Future Medical Expenses Rs. 10,000/-
TOTAL Rs. 4,30,000/-
9) Claimants are also not aggrieved with Tribunal's assessment of
compensation on account of injuries sustained by Bittu alias
Ganesh. However, learned Tribunal has not awarded separate
compensation towards attendant charges and special diet.
Therefore, in my opinion, appellant No. 5/injured is entitled to
receive Rs. 10,000/- each towards attendant charges and special
diet.
10) Accordingly, the amount of compensation of Rs.11,59,000/-
awarded by the learned Tribunal on account of death of Manharan
Yadav is enhanced to Rs.13,99,000/-. Hence, the appellants are
entitled for an additional amount of Rs. 2,40,000/-. Likewise, the
amount of compensation of Rs. 4,30,000/- awarded by the learned
Tribunal on account of injuries sustained by Bittu alias Ganesh is
enhanced to Rs. 4,50,000/-. Hence, the appellant No. 5/ injured is
entitled for an additional amount of Rs. 20,000/-.
11) The Insurance Company is directed to make payment of
additional compensation assessed herein-above in addition to the
awards passed by learned Tribunal period of 60 days with interest
@ 9% p.a. from date of application till its realization.
12) Accordingly, the appeal is allowed in part and the impugned
awards are modified to the extent as indicated herein-above.
Sd/-
(Rakesh Mohan Pandey)
JUDGE
A j i n k y Digitally
a signed
by AJINKYA
PANSARE
Date:
2026.02.28
14:03:23 +0530
