Smt. Pavitra Sahu vs Amrit Nand
2026 Latest Caselaw 356 Chatt

Chattisgarh High Court

Smt. Pavitra Sahu vs Amrit Nand on 11 March, 2026

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                                                             2026:CGHC:11561
                                                                              NAFR
             HIGH COURT OF CHHATTISGARH AT BILASPUR
                              MAC No. 1611 of 2019
1 - Smt. Pavitra Sahu W/o Late Shri Amrit Sahu Aged About 49 Years R/o Vill. Pousra,
Ps- Basna, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh
2 - Dasrathi Sahu S/o Late Shri Amrit Aged About 24 Years R/o Vill. Pousra, Ps-
Basna, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh
3 - Ku. Mandakini Sahu D/o Late Shri Amrit Sahu Aged About 17 Years R/o Vill.
Pousra, Ps- Basna, District Mahasamund Chhattisgarh, District : Mahasamund,
Chhattisgarh
                                                                 ...Appellants

                                       versus
1 - Amrit Nand S/o Shri Anto Nand Aged About 29 Years R/o Vill. Jhilmila, Ps-
Saraipali, District Mahasamund Chhattisgarh, District : Mahasamund, Chhattisgarh
2 - Rajesh Jain S/o Shri Ramnik Jain Aged About 35 Years R/o Ward No. 14,
Padampur Road, Saraipali, District Mahasamund Chhattisgarh, District :
Mahasamund, Chhattisgarh
3 - Shri Ram General Insurance Company Ltd. Maruti Heights, 4th Floor Mohba Bazar
G.E. Road, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh
                                                                       ... Respondents

For appellants/claimants : Ms. Anamika Jain, Advocate holding the brief of Mr. Devershi Thakur, Adv.

For respondent/Insurance Company : Mr. Utsav Mahishwar, Advocate For other respondents : None appears though served

Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 11.03.2026

1) Heard on I.A.No.1, application for condonation of delay in filing the instant appeal.

2) Ms. Jain, learned counsel appearing for the appellants/claimants would submit

that this appeal has been preferred by the claimants for enhancement of

compensation and there is delay of only 311 days in filing instant appeal. She

would further submit that the appellants/claimants have good case on merits

and delay part has properly been explained. She would pray to allow the

application (I.A. No.1).

3) On the other hand, Mr. Mahishwar, learned counsel appearing for the

respondent/Insurance Company would oppose the submissions made by Ms.

Jain.

4) Having considered the submissions made by Ms. Jain and the reasons

assigned in the application, the same is allowed.

5) Delay of 311 days in filing instant appeal is hereby condoned.

6) Heard on admission.

7) The appellants/claimants have filed this appeal for enhancement of

compensation assailing the award passed by the learned Fifth Additional Motor

Accidents Claims Tribunal, Raipur (C.G.) in Claim Case No.233/2017 dated

11.07.2018, whereby, the learned Tribunal has passed an award to the tune of

Rs.5,15,000/- with interest @ 6% per annum on account of death of Amrit

Sahu.

8) Ms. Jain, learned counsel appearing for the appellants/claimants would submit

that on 28.09.2016, the deceased Amrit Sahu was dashed by Scorpio bearing

registration No.C.G./06/G/1555. In the said accident, he sustained injuries and

succumbed to death. Ms. Jain would further submit that the claimants who are

widow and children of deceased filed a claim case under Section 166 of the

Motor Vehicles Act, wherein, they pleaded that age of the deceased was 55

years and earning Rs.15,000/- per month. It is also argued that the learned

Tribunal assessed income of deceased Rs.5,000/- per month which is not in

consonance with the minimum wages matrix. It is further contended that the

learned Tribunal has not granted compensation for future prospects and also

failed to grant compensation for loss of consortium to the children. It is

submitted that the learned Tribunal has not granted compensation for loss of

estate. She would pray to enhance the compensation accordingly.

9) On the other hand, the learned counsel appearing for the Insurance Company

would oppose the submissions made by Ms. Jain. He would submit that the

claimants failed to adduce evidence to prove income of deceased and

therefore, learned Tribunal rightly assessed Rs.6,000/- per month. He would

contend that the learned Tribunal has passed just and proper compensation.

He would further contend that the present appeal deserves to be dismissed.

10) I have heard the learned counsel appearing for the parties and perused the

record with utmost circumspection.

11) Admittedly, age of the deceased was 55 years. The claimants could not lead

evidence to establish income of deceased and therefore, learned Tribunal

should have applied minimum wages matrix applicable in the State of

Chhattisgarh at the relevant time. The minimum wage admissible to an

unskilled laborour in the month of September, 2016 was Rs.6107/- and the

learned Tribunal should have considered that figure while computing the

compensation. Further, learned Tribunal has not granted compensation for loss

of consortium to the children and also failed to grant compensation for loss of

estate. It appears that the learned Tribunal has not granted compensation for

future prospects whereas the claimants are entitled to receive 10% of

established income of deceased against this head. Thus, in my opinion, the

compensation requires reconsideration and same is being revisited herein-

below :

Sr.No. Heads Compensation awarded Compensation awarded by Tribunal by this Court

1. Income Rs.5000 x12 = Rs. 60,000/- Rs.6107 x 12 = Rs.73,284/-

2. Future Nil 10% of 73,284= 7,328/-

Prospect 73,284 +7,328 = 80,612/-

3. Deduction (-) 1/3 of 60,000 = 20,000/- (-) 1/3 of 80,612 = 26,870/-

80,612 - 26,870 = 53,742

Rs.60,000- 20,000 = 40,000/-

4. Multiplier (x) 11= Rs.4,40,000/- (x) 11 = 5,91,162/-

5. Loss of Rs.40,000/- Rs.40,000/-

Consortium(for appellant No.1/wife)

6. Loss of Rs.10,000 x 2 = 20,000/- Rs.48,000 x 2 = 96,000/-

Consortium(for appellant No.2 & 3/children)

7. Funeral Rs. 15,000/- Rs. 15,000/-

expenses

8. Loss of Nil Rs. 18,000/-

Estate

9. Total Rs. 5,15,000/- Rs. 7,68,162/-

12) Accordingly, the amount of compensation of Rs.5,15,000/- awarded

by the Claims Tribunal is enhanced to Rs.7,60,162/-. Hence, after

deducting the amount of Rs.5,15,000/-, the appellants are entitled for an

additional amount of Rs.2,45,162/-.The additional amount of

compensation shall carry interest @ 6% per annum from the date of

application till the date of its realization. The rest of the terms and

conditions shall remain intact.

13) Accordingly, this appeal is allowed in part and the impugned award is

modified to the extent as indicated herein-above.

Sd/-

(Rakesh Mohan Pandey) Judge Rekha