Tirath Kunwar v. Chetan Ram Rajwade

Judgment

on Board

(13.10.2026)

¶1This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 05.07.2023 passed by the Motor Accident Claims Tribunal, Ambikapur, Sarguja (C.G.), in Motor Accident Claim Case No.36/2022, whereby the Claims Tribunal has awarded a total sum of 7,24,400/- ₹

as compensation for the death of Somaru Ram, who died in a road accident that took place on 25.10.2021.

¶2Learned counsel appearing for the appellants/claimants submits that the Claims Tribunal has committed an error in assessing the monthly income of the deceased at 7,000/-, ₹

which, according to him, is even lower than the minimum wages payable to an unskilled labourer at the relevant time. It is further submitted that the compensation awarded under the conventional heads is also inadequate and deserves to be enhanced in accordance with the principles laid down by the Hon'ble Supreme Court. It is, therefore, prayed that the instant appeal be allowed and the compensation awarded by the Claims Tribunal be suitably enhanced.

¶3Per contra, learned counsel appearing for the respondent No.3 Insurance Company opposes the submissions made on behalf of the appellants and submits that, in the facts and circumstances of the case, the award passed by the Claims Tribunal is just and proper and does not call for any enhancement.

¶4Heard learned counsel for the parties and perused the record with due circumspection.

¶5Learned Tribunal, upon consideration of the evidence available on record, assessed the income of the deceased at 7,000/- per month, as no credible evidence regarding his ₹

income was produced. The accident occurred on 25.10.2021, and at the relevant time, the minimum wages prescribed even for an unskilled labourer were 9,280/- per month. ₹

Accordingly, the monthly income of the deceased is reassessed at 9,280/-. ₹

¶6The deceased was aged about 60 years at the time of the accident. There are two claimants in the present case, namely, the wife and son of the deceased.

¶7Considering the date of accident, the age of the deceased and the number of claimants, this Court finds that the addition towards future prospects, deduction towards personal expenses and the multiplier applied by the Claims Tribunal are just, proper and in accordance with law. However, the amounts awarded by the Claims Tribunal under the conventional heads are required to be suitably enhanced in view of the law laid down by the Hon'ble Supreme Court.

¶8Thus, in light of the aforesaid discussion and the judgments of the Hon'ble Supreme Court in National Insurance Company Ltd. V. Pranay Sethi1, Sarla Verma & Ors. Vs.

(2017) 16 SCC 680 Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors3, the compensation is recomputed as under:- Sl. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court

¶1Income 7,000 × 12 = 84,000 9,280 × 12 = 1,11,360

¶2Future prospects (+) 10% (i.e. 8,400) = 92,400 (+) 10% (i.e. 11,136) = 1,22,496

¶3Deduction towards personal expenses (-) 1/3 (i.e. 30,800) = 61,600 (-) 1/3 (i.e. 40,832) = 81,664

¶4Multiplier (×) 9 = 5,54,400 (×) 9 = 7,34,976

¶5Funeral Expenses 15,000 16,500

¶6Loss of Estate 15,000 16,500

¶7Loss of Consortium 40,000 88,000 (44,000 x 2)

¶8Loss of agricultural income 1,00,000 Nil Total 7,24,400/- ₹ 8,55,976/- ₹

¶9In view of the aforesaid analysis, the amount of compensation of ₹7,24,400/- awarded by the Claims Tribunal is enhanced to ₹8,55,976/-. Thus, after deducting the amount already awarded by the Claims Tribunal, the appellants/claimants are held entitled to an additional amount of 1,31,576/- ₹ . The additional amount of compensation shall carry interest at the rate of 6% per annum from the date of filing of the claim petition before the Tribunal till its realization. The remaining terms and conditions of the impugned award shall remain unaltered.

¶10In the result, the appeal is partly allowed and the impugned award is modified to the extent indicated hereinabove.

¶11The Registry is directed to communicate to the claimants, in

(2009) 6 SCC 121

(2018) 18 SCC 130 writing, the enhanced/additional amount awarded in the present appeal over and above the amount awarded by the concerned Claims Tribunal. Such communication shall be made in Hindi (Devanagari) language, and the assistance of Para-Legal Volunteers may be availed in coordination with the Secretary, District Legal Services Authority of the concerned area where the claimants reside.

Sd/- Sd/- (Sanjay Kumar Jaiswal) Judge Khatai

CGHC010266792023 2026:CGHC:44307 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1402 of 2023 1 - Tirath Kunwar W/o Late Somaru Ram Aged About 57 Years At Present Resident Of Village Sukhari, P.S. Gandhinagar, Tahsil Ambikapur, District Sarguja, Chhattisgarh, Village Sapkara, Ps And Tahsil Surajpur, District Surajpur, Chhattisgarh 2 - Ramesh Kumar S/o Late Somaru Ram Aged About 30 Years Village Sapkara, Ps And Tahsil Surajpur, District Surajpur, Chhattisgarh ... Appellant(s) versus 1 - Chetan Ram Rajwade S/o Pancham Ram Rajwade Aged About 54 Years Resident Of Village Satpata, PS Bishrampur, Tahsil And District Surajpur Chhattisgarh (Driver Of The Offending Vehicle Tractor Bearing Registration No. C.G.-29- A.D./5973) 2 - Ahmad Vahid S/o Sabir Ali Resident Of Shivnandanpur, PS. Bishrampur, Tahsil And District Surajpur Chhattisgarh (Owner Of The Offending Vehicle Tractor Bearing Registration No. C.G.- 29-A.D./5973) 3 - Efco Tokiyo General Insurance Company Registered Office- Efco Sadan C-1, District Central Saket, New Dilli- 110117 Through Branch Manager, Efco Tokiyo General Insurance Company, 205, Second Floor, M.M. Silver Plaza, Near Mining Office, Mahavir Nagar, Ring Road No. 01, Raipur, Chhattisgarh BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.10.15 +0530 (Insurer Of The Offending Vehicle Tractor Bearing Registration No. C.G.-29-A.D./5973) ... Respondent(s) For Appellant(s) : Ms. Dhaneshwari Patel, Advocate For Respondent No.3 : Ms. Vartika Shrivastava, Adv. on behalf of Mr. P. R. Patankar, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal