[Cites 2, Cited by 0]
Chattisgarh High Court
Smt. Tulsi Soni vs Avdhev Sao on 26 February, 2026
1
2026:CGHC:9950
NAFR
Digitally
ABHIGYA signed by
SAXENA ABHIGYA
SAXENA HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1885 of 2023
1 - Smt. Tulsi Soni W/o Late Thaneshwar Singh Soni, Aged About 22
Years R/o Contractor Colony, Near Shiv Mandir, Ward No. 12, Supela
Bhilai, District Durg Chhattisgarh.
2 - Rudra Singh Soni S/o Thaneshwar Singh Soni, Aged About 2 Years
Minor, Presented Though Legal Guardian Mother Smt. Tulsi Soni, Wd/o
Late Thaneshwar Singh Soni, R/o Contractor Colony, Near Shiv Mandir,
Ward No. 12, Supela Bhilai, District Durg Chhattisgarh.
... Petitioner(s)
versus
1 - Avdhev Sao S/o Late Sonu Sao, Aged About 30 Years R/o Qt. N. 73,
Ward No. 13, Rajiv Nagar, Near B.C.J. School Supela, Bhilai, District
Durg Chhattisgarh. Driver And Owner Of The Offending Vehicle.
2 - Manager, Magma, H.D.I., General Insurance Co. Ltd., Divisional
Office Hotel Aamantran, Satya Shanti Complex, G.E. Road, Supela,
Bhilai, District Durg Chhattisgarh Insurer Of The Offending Vehicle.
3 - Smt. Rajkumari Soni, W/o Pratap Soni, Aged About 83 Years R/o.
Atal Awash, Kolar Road, Abhanpur, Near Police Station Abhanpur,
District Raipur Chhattisgarh.
... Respondent(s)
For Petitioner(s) : Ms. Dhaneshwari Patel, counsel
For Insurance Company : Mr. Sourabh Sharma, Ms. Harneet Kaur and
Ms. Mansi Bande, counsel
(Hon'ble Shri Justice Rakesh Mohan Pandey)
Order on Board
26/02/2026
1. The Claimants have preferred this appeal under Section 173 of
the Motor Vehicles Act assailing the judgment and award passed
by the learned Motor Accident Claims Tribunal Durg in Claim Case
No.15/2020 dated 26.07.2023 whereby the learned Tribunal has
granted compensation to the tune of Rs.10,78,000/- with interest
@ 6% per annum on account of death of Thaneshwar Singh Soni.
2. Facts of the case, in brief, are that on 01.11.2019, the driver of
offending vehicle bearing Registration No. CG07-BF-3674 while
driving rashly and negligently dashed the vehicle into the back
side of the truck resultantly the deceased sustained injuries and
then succumbed to death. The claimants, who are mother, wife
and son, filed claim cases under Section 166 of the Motor
Vehicles Act wherein they pleaded that the age of deceased was
37 years and was earning Rs.10,000/- per month. They claimed a
sum of Rs.24,45,000/- before the Tribunal.
3. 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 in the Tribunal has not granted
separate compensation for loss of consortium to the mother and
child of the deceased. She prays to enhance the award
accordingly.
4. 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.
5. The driver of the offending vehicle remained ex-parte before the
Tribunal.
6. The Tribunal framed issues, parties led evidence and thereafter
award was passed.
7. I have heard learned counsel for the parties and perused the
record.
8. It appears that Claim Case No. 15/2020 was filed by the widow
and minor child of the deceased, whereas Claim Case No.
548/2019 was filed by the mother of the deceased. Thus, there
were three dependents. The learned Tribunal, however, assessed
the monthly income of the deceased at ₹6,000/-. 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
November, 2019 was ₹8,600/- per month; therefore, the learned
Tribunal ought to have considered the said figure while assessing
the income of the deceased. Further, the Tribunal awarded a sum
of ₹40,000/- towards loss of consortium to the wife of the
deceased but failed to grant separate compensation towards loss
of consortium to the child and the mother of the deceased.
9. Thus, in light of the aforesaid discussion, this Court is re-
computing the compensation as below:
Compensation Compensation
Sr.
Heads awarded by awarded by this
No.
Tribunal Court
1. Rs.72,000 /- Rs. 1,03,200/-
Annual Income
(@Rs.6,000 pm) (@Rs. 8,600 pm)
Annual income after
2. Deduction towards Rs. 48,000/- Rs. 68,800/-
personal expenses (@1/3) (@1/3)
Rs. 67,200/- Rs. 96,320/-
3. Future Prospect
(@40%) (@40%)
Annual Income after Rs. 10,08,000/- Rs. 14,44,800/-
4.
applying Multiplier
(@15) (@15)
Loss of Consortium to
5. Rs.40,000/- Rs.40,000/-
wife
Rs. 96,000/-
Loss of Consortium to
6. Nil
child and mother (to child and
mother)
7. Funeral Expenses Rs.15,000/- Rs.15,000/-
8. Loss of Estate Rs.15,000/- Rs.15,000/-
TOTAL Rs. 10,78,000/- Rs. 16,10,800/-
10. Accordingly, the amount of compensation of Rs. 10,78,000/-
awarded by the Claims Tribunal is enhanced to Rs. 16,10,800/-.
Hence, the appellants are entitled for an additional amount of Rs.
5,32,800/-. 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.
Certified Copy as per rules.
Sd/-
(Rakesh Mohan Pandey)
JUDGE
Saxena
