[Cites 5, Cited by 0]
Chattisgarh High Court
Smt. Rambai vs Durga Prasad on 30 March, 2026
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
Page 1 of 6
(MAC Nos.995/2020 & 976/2020)
Digitally 2026:CGHC:14806
signed by
SISTA
SISTA
SOMAYAJULU NAFR
SOMAYAJULU Date:
2026.04.01
HIGH COURT OF CHHATTISGARH AT BILASPUR
10:48:20
+0530
MAC No. 995 of 2020
{Arising out of award dated 17-1-2020 passed by the 2nd Additional Motor
Accident Claims Tribunal, Manendragarh, District Koria in Motor
Accident Claim Case No.8/2015}
Shriram General Insurance Company Limited, Through Manager, 4 th
Floor, Maruti Heights, Near Sky Automobiles, G.E. Road, Raipur,
Chhattisgarh.
(Non-Applicant No.4)
--- Appellant
versus
1. Smt Ram Bai, Wd/o Vishambhar Gond, Caste Gond, Aged about 33
years
2. Ku. Seema, D/o Vishambhar Gond, Caste Gond, Aged about 16 years
3. Mahesh, S/o Vishambhar Gond, Caste Gond, Aged about 13 years
4. Ramkumar, S/o Vishambhar Gond, Caste Gond, Aged about 12 years
Respondents 2 to 4 minors, represented by natural guardian mother
Smt Rambai, All R/o Village Dhapnipani, Post Beljhiriya, Thana
Marwahi, District Bilaspur, Chhattisgarh.
(Claimants)
5. Durga Prasad, S/o Bhaddu Singh, Aged about 30 years, Caste Gond,
Kotmikala, Thana Pendra, District Bilaspur, Chhattisgarh.
(Driver)
6. Parmeshwar, S/o Hariprasad, Aged about 31 years, Caste Brahman,
R/o Sikola, Kotmi, Tehsil Pendra, District Bilaspur, Chhattisgarh.
(Owner)
7. Kishan Chakradhari, S/o Phoolchand Chakradhari, Aged about 36
years, R/o Sikola, Kotmi, Tehsil Pendra, District Bilaspur,
Chhattisgarh.
(MAC Nos.995/2020 & 976/2020)
8. Ishwar Prasad Manikpuri, S/o J.L. Manikpuri, R/o Jogi Dongri,
Kharbahra, Post Pendra, District Bilaspur, Chhattisgarh.
--- Respondents
AND
1. Smt. Rambai, W/o Vishambhar Gond, aged about 33 years.
2. Ku. Seema, D/o Vishambhar Gond, aged about 16 years.
3. Mahesh, S/o Vishambhar Gond, aged about 13 years.
4. Ramkumar, S/o Vishambhar Gond, aged about 12 years.
No.2 to 4 minor, through natural guardian mother Smt. Rambai.
All R/o Village Dhapanipani, Post Beljhiriya, Police Station Marwahi,
District Bilaspur, Chhattisgarh. At present District Pendra, Gourela,
Marwahi
(Claimants)
--- Appellants
Versus
1. Durga Prasad, S/o Bhaddu Singh, aged about 30 years, R/o
Kotmikala, Police Station Pendra, District Bilaspur. Now Pendra,
Gourela, Marwahi.
(Driver of offending vehicle Bolero bearing No.CG-04/H-9813).
2. Parmeshwar, S/o Hariprasad, aged about 31 years, R/o Sakola
Kotmi, Tahsil Pendra, District Bilaspur, Chhattisgarh. At present
Pendra, Gourela, Marwahi.
(Owner of offending vehicle Bolero bearing No.CG-04/H-9813).
3. Kishan Chakradhari, S/o Fulchand Chakradhari, aged about 36
years, R/o Sakola, Kotmi, Police Station Pendra, District Bilaspur,
Chhattisgarh. Now Pendra, Gourela, Marwahi.
4. Shriram General Insurance Company Limited, 4 th Floor, Maruti
Height Sky, Beside Auto Mobile, G.E. Road, Raipur, District Raipur,
Chhattisgarh.
(Insurer of offending vehicle Bolero bearing No. CG-04/H-9813).
5. Ishwar Prasad Manikpuri, S/o J.L. Manikpuri, R/o Jogi Dogri,
Kharbahra, Post Pendra, District Bilaspur, Chhattisgarh. Now
Pendra, Gourela, Marwahi.
(Non-Applicants)
--- Respondents
(MAC Nos.995/2020 & 976/2020)
For Claimants : Mr. Anil Gulati, Advocate.
For Insurance Company : Mr. Utsav Mahiswar, Advocate.
Single Bench:-
Hon'ble Shri Justice Sanjay K. Agrawal
Judgment on Board
30/03/2026
1. Since common question of fact and law is involved in both these
appeals, they were clubbed together and heard analogously and are
being disposed of by this common judgment.
2. MAC No.995/2020 has been preferred on behalf of the Insurance
Company under Section 173 of the Motor Vehicles Act, 1988 seeking
exoneration from its liability to pay the amount of compensation
saddled by the Claims Tribunal, whereas MAC No.976/2020 has
been preferred on behalf of the Claimants seeking enhancement of
the amount of compensation.
3. Mr. Utsav Mahiswar, learned counsel appearing on behalf of the
Insurance Company, would submit that the offending vehicle Bolero
was not involved in the accident and the deceased slipped from his
motorcycle and died and moreover, there is delay in lodging the FIR,
as such, the Insurance Company is not responsible.
4. Mr. Anil Gulati, learned counsel appearing on behalf of the
Claimants, would submit that the Claims Tribunal has not awarded
any amount of compensation on the head of loss of parental and filial
consortium to claimants No.2 to 4, who are minor children of the
deceased, however, awarded only an amount of ₹ 40,000/- towards
(MAC Nos.995/2020 & 976/2020)
loss of consortium to claimant No.1, who is wife of the deceased,
whereas it should be ₹ 48,000/- and only ₹ 15,000/- each has been
awarded towards loss of estate and funeral expenses, whereas it
should be ₹ 18,000/- each. As such, the compensation be suitably
enhanced.
5. I have heard learned counsel for the parties and considered their
rival submissions made herein-above and also gone through the
record with utmost circumspection.
6. Though the accident occurred on 2-6-2014, FIR was lodged on 19-2-
2015 and thereafter, there is delay on account of marg enquiry.
Thereafter, Durga Prasad - driver, was charge-sheeted on 26-3-2015
for offence under Section 304A of the IPC and he has admitted in his
statement before the Court as NAW-1 that a criminal case relating to
the said accident was going on against him in the Court at Chirmiri.
7. In view of the statement of eyewitness Raghuveer Singh (AW-2), the
finding recorded by the Claims Tribunal that the offending vehicle
Bolero is involved in the accident, is based on the evidence available
on record, it is neither perverse nor contrary to the record and I
hereby affirm the said finding. Accordingly, there is no merit in the
appeal filed by the Insurance Company (MAC No.995/2020), it
deserves to be and is hereby dismissed.
8. So far as the claimants appeal is concerned, considering the evidence
available on record, in light of the aforesaid discussion and in light of
the judgments of the Supreme Court rendered in the matters of
(MAC Nos.995/2020 & 976/2020)
National Insurance Company Ltd. v. Pranay Sethi1, Sarla
Verma & Ors. v. Delhi Transport Corporation & Ors 2 and
Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru
Ram & Ors3, this Court is computing the compensation as below:-
S. Heads Compensation Compensation
No. awarded by the awarded by this
Tribunal Court/New
Calculation
1. Income ₹ 6,000/- per month. ₹ 6,000/- per month.
Yearly Income = ₹ Yearly Income = ₹ 6,000 x
6,000 x 12 = ₹ 12 = ₹ 72,000/-.
72,000/-.
2. Future Prospect (+) 25% i.e. ₹ 18,000; (+) 25% i.e. ₹ 18,000;
total yearly income = ₹ total yearly income = ₹
72,000 + 18,000 = ₹ 72,000 + 18,000 = ₹
90,000/-. 90,000/-.
3. Deduction (-) ¼ = ₹ 22,500/- (-) ¼ = ₹ 22,500/-
₹ 90,000 - 22,500 = ₹ ₹ 90,000 - 22,500 = ₹
67,500/-. 67,500/-.
4. Multiplier (x) 15 = ₹ 10,12,500/- (x) 15 = ₹ 10,12,500/-
5. Loss of Estate ₹ 15,000/- ₹ 18,000/-
6. Funeral ₹ 15,000/- ₹ 18,000/-
Expenses
7. Loss of ₹ 40,000/- ₹ 48,000/-
Consortium to
wife
8. Loss of NIL ₹ 48,000/- x 3 = ₹
Consortium to 1,44,000/-
children
Total ₹ 10,82,500/- ₹ 12,40,500/-
9. In view of the aforesaid analysis, the amount of compensation of ₹
10,82,500/- awarded by the Claims Tribunal is enhanced to ₹
12,40,500/-. Hence, after deducting the amount of ₹ 10,82,500/-,
the claimants are held entitled for an additional amount of ₹
1,58,000/-. The concerned party as directed by the learned Claims
Tribunal is directed to deposit the amount of compensation as
(2017) 16 SCC 680
(2009) 6 SCC 121
(2018) 18 SCC 130
(MAC Nos.995/2020 & 976/2020)
enhanced by this Court within a period of 45 days from the date of
receipt of a copy of this order. The additional amount of
compensation shall carry interest @ 9% per annum from the date of
filing of claim application before the Tribunal i.e. 22-4-2015 till its
realisation. Rest of the conditions of the impugned award shall
remain intact.
10. Accordingly, the appeal filed by the claimants (MAC No.976/2020) is
allowed in part and the impugned award is modified to the extent as
indicated herein-above.
Sd/-
(Sanjay K. Agrawal)
Judge
Soma
