[Cites 4, Cited by 0]
Chattisgarh High Court
Kunti Bai Kashyap vs Vijay Mehta on 25 February, 2026
1
Digitally
ABHIGYA signed by
SAXENA ABHIGYA
2026:CGHC:9833
NAFR
SAXENA
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1819 of 2024
1 - Kunti Bai Kashyap W/o Late Melaram Kashyap Aged About 36 Years
R/o Village Malda, Tahsil Jaijaipur, District Sakti Chhattisgarh
2 - Manish Kumar Kashyap S/o Late Melaram Kashyap Aged About 17
Years Through The Legal Guardian Mother Kunti Bai, R/o Village
Malda,. Tahsil Jaijaipur District Sakti Chhattisgarh
3 - Vikash Kumar Kashyap S/o Late Melaram Kashyap Aged About 15
Years Through The Legal Guardian Mother Kunti Bai, R/o Village Malda,
Tahsil Jaijaipur, District Sakti Chhattisgarh
4 - Budhwara Kashyap W/o Late Mohanlal Kashyap Aged About 70
Years R/o Village Malda, Tahsil Jaijaipur, District Sakti Chhattisgarh
... Petitioner(s)
versus
1 - Vijay Mehta S/o Bhagalu Mehta Aged About 49 Years R/o Ward No.
5, Krishna Nagar, Deepka, Tahsil Deepka, District Korba Chhattisgarh
(Driver)
2 - K.D. Transporter (Form) Present Address Of Mandir Chowk,
Jarhabhantha, Bilaspur Chhattisgarh Permanent Address Ward No. 2,
Shahid Bhagat Singh Jyotinagar Deepka, District Korba Chhattisgarh
(Owner)
3 - The New India Insurance Company Limited Near Old Bus Stand
Rajeev Plaza Bilaspur District Bilaspur Chhattisgarh
... Respondent(s)
For Petitioner(s) : Mr. Ajay Kumar Chandra, counsel
For Respondent(s) : Mr. Hanuman Prasad Agrawal, counsel
Hon'ble Shri Justice Rakesh Mohan Pandey
Judgment On Board
25.02.2026
1) This appeal has been preferred by the appellants/claimants under
Section 173 of Motor Vehicle Act, 1988 assailing the award
passed by learned Second Additional Motor Accident Claims
Tribunal, Sakti District Janjgir-Champa in Claim Case No. 05/2024
dated 12.08.2024 whereby learned Tribunal has passed an award
to the tune of Rs. 13,93,000/- with interest @ 6% on account of
death of Melaram Kashyap.
2) Facts of the case, in brief, are that on 21.07.2023, the motor cycle
of the deceased was dashed by the offending truck bearing
Registration No.C.G.10 BH 6070, in the said accident the
deceased sustained injuries and during treatment 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 38 years and was
earning Rs.18,000/- per month. They claimed a sum of
Rs.76,72,000/- before the Tribunal.
3) The driver and owner of the offending truck remained ex-parte
before the Tribunal.
4) The Tribunal framed issues, parties led evidence and thereafter
award was passed.
5) Learned counsel for the appellants submits that age of the
deceased was 38 years and was earning Rs.18,000/- per month.
Learned counsel for the appellants further submits that learned
Tribunal has assessed the notional income of the deceased to be
Rs. 7,000/- per month which is not in consonance with the
minimum wage matrix applicable in the State of Chhattisgarh at
the relevant time. According to the minimum wage payable to an
unskilled labourer in July, 2023, the monthly wage ought to have
been assessed at ₹9,960/-. He also contended that on
conventional heads the Tribunal has not granted proper
compensation. He prays to enhance the compensation
accordingly.
6) On the other hand, learned counsel appearing for the Insurance
Company would oppose. He submits that learned Tribunal has
awarded just and proper compensation and this appeal deserves
to be dismissed.
7) I have heard learned counsel for the parties and perused the
record.
8) Admittedly, the age of the deceased was 38 years. Although the
claimants did not place on record any documentary evidence to
establish the monthly income of the deceased as ₹18,000/-, the
learned Tribunal, however, assessed the monthly income of the
deceased at ₹7,000/-. In the absence of any cogent or reliable
evidence regarding the income of the deceased, the Tribunal
should have applied the minimum wages matrix. The minimum
wage payable to an unskilled labourer in July, 2023 was ₹9,960/-
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 not awarded a
compensation for loss of consortium to the claimants No.2 to 4. In
the light of the Judgments passed by the Hon'ble Supreme Court
in the matter of National Insurance Company Ltd., Vs. Pranay
Sethi and Others1 and Magma General Insurance Co. Ltd. Vs.
Nanu2, all the claimants are entitled to get compensation for loss
of consortium to the tune of Rs.40,000/- each. The compensation
awarded by the Tribunal under the conventional heads also
warrants reconsideration.
9) 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.84,000/- Rs. 1,19,520/-
1. Annual Income
(@Rs.7,000 pm) (@Rs. 9,960 pm)
Future Prospect of Rs. 33,600/- Rs. 47,808/-
2.
Annual Income (@40%) (@40%)
Annual income after
Rs. 88,200/- Rs. 1,25,496/-
3. Deduction Towards
(@1/4) (@1/4)
Personal Expenses
Annual Income after Rs. 13,23,000/- Rs. 18,82,440/-
4.
Applying Multiplier (@15) (@15)
1 (2017) 16 SCC 680
2 AIR Online 2018 SC 189
5. Filial Consortium Rs.40,000/- Rs.40,000/-
Rs.1,20,000/-
6. Loss of Consortium NIl
(Three Claimants)
7. Funeral Expenses Rs.15,000/- Rs.15,000/-
8. Loss of Estate Rs.15,000/- Rs.15,000/-
Total Rs.13,93,000/- Rs.20,72,440/-
10) Accordingly, the amount of compensation of Rs. 13,93,000/-
awarded by the Claims Tribunal is enhanced to Rs. 20,72,440/-.
Hence, the appellants are entitled for an additional amount of Rs.
6,79,440/-. 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.
11) 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
