[Cites 3, Cited by 0]
Chattisgarh High Court
Smt. Fabiyola Ekka vs Krishna Kumar Sao on 30 March, 2026
1
2026:CGHC:14849
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 298 of 2023
1. Smt. Fabiyola Ekka W/o Late Lalit Ekka Aged About 48 Years R/o Village
Ambatoli, Khutgaon, Tahsil Kunkuri, District Jashpur, Chhattisgarh.
2. Ansu Priya Ekka D/o Late Lalit Ekka Aged About 26 Years R/o Village
Ambatoli, Khutgaon, Tahsil Kunkuri, District Jashpur, Chhattisgarh.
3. Alpana Ekka D/o Late Lalit Ekka Aged About 22 Years R/o Village Ambatoli,
Khutgaon, Tahsil Kunkuri, District Jashpur, Chhattisgarh.
4. Amit Ekka S/o Late Lalit Ekka Aged About 20 Years R/o Village Ambatoli,
Khutgaon, Tahsil Kunkuri, District Jashpur, Chhattisgarh.
5. Smt. Meri Bibiyani Ekka W/o Late Patras Aged About 75 Years R/o Village
Ambatoli, Khutgaon, Tahsil Kunkuri, District Jashpur, Chhattisgarh.
... Appellants/Claimants
versus
1. Krishna Kumar Sao S/o Mangal Sao Aged About 40 Years R/o Near Sdm
College, Village And Post Kamre, Police Station Pandra, District Ranchi,
Jharkhand (Owner).
2. Rajkumar Rai S/o Bolarai Aged About 40 Years Occupation- Driver, R/o
Deepnagar, Ward No. 5, P.S. Sukhdev Nagar, District Ranchi, Jharkhand.
(Driver).
3. Tata Aig General Insurer Company Limited 4th Floor, Gwalani Chamber
Officer No. T-8, Vyapar Vihar Road, Near Icici Bank, Bilaspur, Pin Code-
495001 (Insurer).
... Respondents
(Cause title taken from Case Information System)
For Appellants : None.
For Respondents : Mr. Rahul Singh, counsel appears on
behalf of Mr. Sourabh Sharma, Advocate.
Hon'ble Shri Justice Sachin Singh Rajput
Order on Board dated 30/03/2026
This appeal arises out of the award dated 30.11.2022 passed by
Additional Motor Accident Claims Tribunal (for short the "Tribunal") Jashpur,
District Jashpur in Claim Case No. 56/2021 awarding a compensation of Rs.
13,46,219/- in favour of the appellants/claimants.
2. Facts of the case in brief are that on 07.03.2021 when deceased Lalit Ekka was
going to his village on his motorcycle bearing registration No. CG-12-B-5696, at NH
No. 43 the offending vehicle - truck bearing registration No. CG-04-LR 5838 driven
by respondent No.2 rashly and negligently came and hit the motorcycle, as a result
of which he suffered injuries and succumbed to the same then and there.
3. With aforesaid facts, a claim petition was filed by the appellants/claimants praying
for compensation of Rs. 41,75,000/- on various heads. Pleadings of the claimants
have, however, been denied by the respondents.
4. After evaluating the evidence available on record, the Tribunal awarded Rs.
13,46,219/- to the appellant/claimants as compensation as a whole and it is this
award which is under challenge in this appeal.
5. As already mentioned, there is no representation for the appellants/claimants.
6. Learned counsel for the respondent No.3 has supported the award impugned and
submitted that the accident occurred on account of the negligence of the rider of the
motorcycle himself and therefore the claimants are not entitled for any enhancement
in the awarded sum.
7. Heard counsel for the respondent and perused the documents on record.
8. From the pleadings of the respective parties and the overall evidence on record it
is clear that the accident occurred with the offending vehicle which was insured with
respondent No.3 and was being driven by respondent No. 2. From the pleadings it
is apparent that the deceased at the relevant time was aged about 47 years and
was working as a motor mechanic. Learned Tribunal took the monthly income of the
deceased at Rs. 7,475/- which in the considered opinion of this Court appears to be
inappropriate. Since the deceased was a motor mechanic by profession, his
monthly income is taken at Rs. 10,000/- and annual at Rs. 1,20,000/-.
9. In the light of the judgments of the Hon'ble Supreme Court rendered in the
matters of National Insurance Company Ltd. v. Pranay Sethi, (2017) 16 SCC
680, Sarla Verma and others v. Delhi Transport Corporation and others, (2009)
6 SCC 121 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru
Ram and others, (2018) 18 SCC 130, this Court recomputes the compensation in
the following manner:-
Serial No. Particulars Amount(Rs.)
1 Annual Income 1,20,000
2 Income with Future Prospects 1,50,000
(Rs.1,20,000 x 25% Future Prospects =
Rs.30,000; 1,20,000 + 30,000 =
1,50,000
3 Income after Deduction towards 1,12,500
Personal Expenses of the Deceased
(Rs.1,50,000 / 4 = Rs.37,500; 1,50,000 -
37,500 = Rs.1,12,500)
4 Loss of Dependency after application of 14,62,500
Multiplier
(Rs.1,12,500 x 13 = Rs.14,62,500)
5 Funeral Expenses 16,500
6 Loss of Estate 16,500
7 Consortium to wife 44,000
8 Filial and Parental Consortium 1,60,000
(Rs.40,000 x 4 = Rs.1,60,000)
Total Compensation = 16,99,500
(-) Compensation Awarded by the 13,46,219
Claims Tribunal =
Enhancement in Compensation = 3,53,281
10. In view of the aforesaid analysis, the appellants/claimants are held to be entitled
to an additional amount of compensation of Rs.3,53,281. The enhanced amount of
compensation shall carry simple interest @ 6% per annum from the date of filing of
the instant appeal till realisation of the enhanced compensation. Respondent
No.3/insurance company is directed to deposit the amount of compensation as
enhanced by this Court within a period of 60 days from the date of receipt of a copy
of this order. On said amount being deposited, learned Tribunal shall pass an
appropriate order for apportionment, investment and disbursement.
11. Accordingly, the appeal is allowed in part and the impugned award is modified to
the extent shown above.
12. As no representation is made on behalf of the appellant/claimants, let a copy
of this order be sent to appellant No.1
Sd/-
(Sachin Singh Rajput)
Judge
Jyotishi
Digitally
signed by
AVANISH
AVANISH JYOTISHI
JYOTISHI Date:
2026.04.06
11:55:31
+0530
