[Cites 3, Cited by 0]
Chattisgarh High Court
Smt. Rewati Mehar vs Aashish Dansena on 30 March, 2026
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 782 of 2022
1. Smt. Rewati Mehar W/o Late Raja Ram Mehar aged about 42 years
R/o Village Padigaon Police Station And Tehsil Pussore District Raigarh
Chhattisgarh., District : Raigarh, Chhattisgarh
2. Sameer Mehar S/o Late Raja Ram Mehar Aged About 19 Years R/o
Village Padigaon Police Station And Tehsil Pussore District Raigarh
Chhattisgarh.
3. Minor Sachin Mehar S/o Late Raja Ram Mehar Aged About 17 Years
Through Natural Guardian Mother Mehar, W/o Late Raja Ram Mehar, R/o
Village Padigaon Police Station And Tehsil Pussore District Raigarh
Chhattisgarh.
... Appellants
versus
1. Aashish Dansena S/o Hem Lal Dansena aged about 26 years R/o
Tikrapara Basna Police Station And Tehsil Basna District Mahasamund
Chhattisgarh. (Owner), District : Mahasamund, Chhattisgarh
2. Bhawani Patel S/o Dori Lal Patel aged about 38 years R/o Village
Tappa Sewariyya Tehsil And Police Station Pithora District Mahasamund
Chhattisgarh. (Driver)
3. Branch Manager S.B.I. General Insurance Company Limited Office At
Fourth Floor Pujari Chambers, Panchpedi Naka, Dhamtari Road, National
Highway No. 43, Raipur , District Raipur Chhattisgarh. (Insurance
Company)
... Respondents
For Appellants : None
For Respondents : None
Hon'ble Shri Justice Sachin Singh Rajput
Order on Board dated 30/03/2026
This appeal arises out of the award dated 10.12.2021 passed by Additional
Motor Accident Claims Tribunal (for short the "Tribunal") Raigarh, District Raigarh
(C.G.) in Claim Case No. 05/2020 awarding a compensation of Rs. 11,96,864/- in
favour of the appellants/claimants.
2. Facts of the case in brief are that on 08.08.2019 at about 9:30 PM the offending
vehicle bearing registration No. CG-06-GJ-8119 driven rashly and negligently by
respondent No.2 caused the accident where the victim suffered injuries and
succumbed to the same. Deceased is said to have earned Rs. 36,000/- per month
from agriculture and cloth business. The offending vehicle was duly insured with
respondent No.3. Criminal case was registered against the driver of the offending
vehicle and after investigation charge sheet was also filed.
3. With aforesaid facts, a claim petition was filed by the appellants/claimants
praying for compensation of Rs. 1,34,60,000/- 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.
11,96,864/- to the appellant/claimants as compensation as a whole and it is this
award which is under challenge in this appeal.
5. Perused the documents on record.
6. 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. 1. From the
pleadings it is apparent that the deceased at the relevant time was aged about 44
years and was working as an agriculturist having a cloth business also. Learned
Tribunal took the monthly income of the deceased at Rs. 7,190/- which in the
considered opinion of this Court appears to be inappropriate. Since the deceased
was a an agriculturist by profession having side cloth business, monthly income of
the deceased is taken at Rs. 9,000/- and annual at Rs. 1,08,000/-.
7. 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 1,08,000
2 Income with Future Prospects 1,35,000
(Rs.1,08,000 x 25% Future Prospects =
Rs. 1,08,000 + 27000; = 1,35,000
3 Income after Deduction towards 90,000
Personal Expenses of the Deceased
(Rs.1,35,000/3 = Rs. 45,000; 1,35,000 -
45,000 = Rs. 90,000)
4 Loss of Dependency after application of 12,60,000
Multiplier
(Rs.90,000 x 14 = Rs.12,60,000)
5 Funeral Expenses 15,000
6 Loss of Estate 15,000
7 Consortium to wife 40,000
8 Parental Consortium 80,000
(Rs.40,000 x 2 = Rs. 80,000)
Total Compensation = 14,10,000
(-) Compensation Awarded by the 11,96,864/-
Claims Tribunal =
Enhancement in Compensation = 2,13,136
8. In view of the aforesaid analysis, the appellants/claimants are held to be
entitled to an additional amount of compensation of Rs. 2,13,136. 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 deposit an amount of Rs. 1,00,000/- shall be
invested in a nationalised bank for a period of two years in the name of appellant
No.1, Rs. 50,000/- each shall be disbursed to appellants No. 2 and 3, and remaining
to appellant No.1.
9. Accordingly, the appeal is allowed in part and the impugned award is
modified to the extent shown above.
10. Since the parties remained unrpresented, let a copy of this order be sent to
the appellants/claimants and also to counsel for respondent No.3.
Sd/-
(Sachin Singh Rajput)
Judge
Jyotishi
AVANISH JYOTISHI
JYOTISHI 2026.04.06
17:32:03
+0530
