[Cites 5, Cited by 0]
Chattisgarh High Court
Smt. Rajmani Khalkho vs Pradeep Agarwal on 23 March, 2026
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
Page 1 of 5
(MAC No.144/2020)
2026:CGHC:13756
Digitally
signed by
SISTA
SOMAYAJULU
NAFR
SISTA
SOMAYAJULU Date:
2026.03.24
16:50:12
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 144 of 2020
{Arising out of award dated 27-9-2019 passed by the Motor Accident
Claims Tribunal, Ambikapur, District Surguja in Motor Accident Claim
Case No.254/2018}
1. Smt. Rajmani Khalkho, W/o Late Bal Sai Khalkho, aged about 58
years, Occupation House Wife
2. Suresh Kumar Khalkho, S/o Late Bal Sai Khalkho, aged about 38
years, Occupation Insurance Agent
3. Narendra Khalkho, S/o Late Bal Sai Khalkho, aged about 32 years,
Occupation Agriculturist
4. Ku. Sangeeta Khalkho, D/o Late Bal Sai Khalkho, aged about 28
years, Occupation House Work
5. Ku. Anita Khalkho, D/o Late Bal Sai Khalkho, aged about 26 years,
Occupation House Work
Appellant No.1 to 5 are R/o Village Khirati, Uronpara, Post Morga,
Police Station Bango, Tahsil Podi-uproda, District Korba,
Chhattisgarh.
6. Naresh Kumar Khalkho, S/o Late Bal Sai Khalkho, aged about 40
years, Occupation Private Job, R/o Village Khirati, Uronpara, Post
Morga, Police Station Bango, Tahsil Podi-uproda, District Korba,
Chhattisgarh. Present Address Flat No.304, Vardhan Apartment,
Police Line, Takki Swagat Nagar, Katol Road, Nagpur (Maharashtra)
(Claimants)
... Appellants
versus
1. Pradeep Agarwal, S/o Ishwarchand Agarwal, aged about 50 years,
Occupation Business, R/o House No.226, R. K. Traders, Gali Nagar,
P.S. & Tahsil Ambikapur, District Surguja, Chhattisgarh.
(Owner)
Page 2 of 5
(MAC No.144/2020)
2. The Divisional Manager, United India Insurance Company Ltd.,
Division Office Brahm Road, Near Kumkum Hotel, Nagar, P.S. &
Tahsil Ambikapur, District Surguja, Chhattisgarh.
(Insurer)
... Respondents
For Appellants : Ms. Aakanksha Vishwakarma, Advocate on behalf
of Mr. A.N. Pandey, Advocate.
For Respondent No.2 : Mr. Abhishek Vinod Deshmukh, Advocate.
Single Bench:-
Hon'ble Shri Justice Sanjay K. Agrawal
Judgment on Board
23/03/2026
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has
been preferred by the appellants herein/claimants seeking
enhancement in the amount of compensation, challenging the
impugned award dated 27-9-2019 passed by the Motor Accident
Claims Tribunal, Ambikapur, District Surguja in Motor Accident
Claim Case No.254/2018, whereby the learned Claims Tribunal has
awarded a total sum of ₹ 3,94,000/- as compensation for the death
of Balsai Khalkho, who was a Rajmistri, aged about 60 years at the
time of incident. The appellants herein/claimants are wife and
children, respectively, of deceased Balsai Khalkho.
2. Ms. Aakanksha Vishwakarma, learned counsel appearing on behalf
of the appellants herein/claimants, would submit that the deceased
was a Rajmistri and the learned Claims Tribunal ought to have
taken his monthly income to be ₹ 8,100/- on the basis of
notification issued under the Minimum Wages Act in the year 2021,
(MAC No.144/2020)
whereas, it has been taken as ₹ 4,500/, therefore, the amount of
compensation be enhanced suitably.
3. Mr. Abhishek Vinod Deshmukh, learned counsel appearing on
behalf of respondent No.2 herein/Insurance Company, would
support the impugned award and oppose the appeal.
4. 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.
5. The learned Claims Tribunal has assessed the monthly income of
deceased Balsai Khalkho to be ₹ 4,500/-, however, in the opinion of
this Court, as per the Chhattisgarh Minimum Wages Notification
issued by the Office of Labour Commissioner, Chhattisgarh, the
monthly income of the deceased should be ₹ 8,100/- (as per
minimum wages prescribed at relevant time).
6. Thus, considering the evidence available on record and that the
deceased was a Rajmistri, in light of the aforesaid discussion and in
light of the judgments of the Supreme Court rendered in the
matters of National Insurance Company Ltd. v. Pranay
Sethi1, Sarla Verma & Ors. v. Delhi Transport Corporation
& Ors2 and Magma General Insurance Co. Ltd. v. Nanu
Ram @ Chuhru Ram & Ors3, this Court is computing the
compensation as below:-
(2017) 16 SCC 680
(2009) 6 SCC 121
(2018) 18 SCC 130
(MAC No.144/2020)
S. Heads Compensation Compensation
No. awarded by the awarded by this
Tribunal Court/New
Calculation
1. Income ₹ 4,500/- per month. ₹ 8,100/- per month.
Yearly Income = ₹ 4,500 x Yearly Income = ₹ 8,100 x
12 = ₹ 54,000/-. 12 = ₹ 97,200/-.
2. Future NIL (+) 10% i.e. ₹ 9,720; total
Prospect yearly income = ₹ 97,200
+ 9,720 = ₹ 1,06,920/-.
3. Deduction (-) 1/3 = ₹ 18,000/- (-) 1/3 = ₹ 35,640/-
₹ 54,000 - 18,000 = ₹ ₹ 1,06,920 - 35,640 = ₹
36,000/- 71,280/-
4. Multiplier (x) 9 = ₹ 3,24,000/- (x) 9 = ₹ 6,41,520/-
5. Loss of ₹ 15,000/- ₹ 16,500/-
Estate
6. Funeral ₹ 15,000/- ₹ 16,500/-
Expenses
7. Loss of ₹ 40,000/- ₹ 44,000/- x 3 = ₹
Consortium 1,32,000/-
(only 3 claimants were
found to be dependents as
per para 19 of the
impugned award)
Total ₹ 3,94,000/- ₹ 8,06,520/-
7. In view of the aforesaid analysis, the amount of compensation of ₹
3,94,000/- awarded by the Claims Tribunal is enhanced to ₹
8,06,520/-. Hence, after deducting the amount of ₹ 3,94,000/-,
the appellants are held entitled for an additional amount of ₹
4,12,520/-. The concerned respondent is directed to deposit the
amount of compensation as 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 @ 7% per
annum from the date of filing of claim application before the
Tribunal i.e. 17-12-2018 till its realisation. Rest of the conditions of
the impugned award shall remain intact.
(MAC No.144/2020)
8. Accordingly, this appeal is allowed in part and the impugned award
is modified to the extent as indicated herein-above.
Sd/-
(Sanjay K. Agrawal)
Judge
Soma
