SMT. LATABAI SAHU vs HARBANS SINGH

1
Digitally signed
by SHUBHAM
SINGH
RAGHUVANSHI
Date: 2026.10.28
16:11:15 +0530
SHUBHAM
SINGH
RAGHUVANSHI

CGHC010266972024 2026:CGHC:45530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1616 of 2024
1 - Smt. Latabai Sahu W/o Late Lomesh Sahu Aged About 41 Years
R/o Village Sundara Rajnandgaon Tehsil And District Rajnandgaon
Chhattisgarh
2 - Kumari Suman D/o Late Lomesh Sahu Aged About 24 Years R/o
Village Sundara Rajnandgaon Tehsil And District Rajnandgaon
Chhattisgarh
3 - Ku. Pushpanjali D/o Late Lomesh Sahu Aged About 24 Years R/o
Village Sundara Rajnandgaon Tehsil And District Rajnandgaon
Chhattisgarh
4 - Kishore Kumar Sahu S/o Late Lomesh Sahu Aged About 21 Years
R/o Village Sundara Rajnandgaon Tehsil And District Rajnandgaon
Chhattisgarh
... Appellants
versus
1 - Harbans Singh S/o Late Govind Singh Aged About 62 Years R/o
Veersawarkar Nagar Hirapur Mig 1986 Near Hanuman Mandir, P.S.
Kabir Nagar, Raipur Tehsil And District Raipur Chhattisgarh,
Permanent R/o Sao Naththohal P.S. Rajkot, District Ludhiyana
(Punjab)
2 - Kanker Roadways Raipur Through Manager, Rajeev Kumar Naidu,
S/o Manik Rao Naidu, Aged About 43 Years R/o Aditya Nagar Durg
P.S. Mohan Nagar Tehsil And District Durg Chhattisgarh
The New India Insurance Comapany Limited Through Branch
3 -
Manager Office Chouhan Complex G.E. Road Bhilai Tehsil And
District Durg Chhattisgarh (Insurer Of Vehcle No. Cg 19f 1809)

2
--- Respondent(s)
For Appellants : Mr. Amit Nayak, Advocate
For Respondents No.1 & 2 : None
For Respondent No.3 : Mr. Dashrath Gupta, Advocate
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Judgment on Board
(28.10.2026)
1. This appeal under Section 173 of the Motor Vehicles Act,
1988 (for short the "Act of 1988") has been preferred by the
appellants/claimants seeking enhancement of the amount
of compensation, challenging the impugned award dated
22.04.2024, passed in Claim Case No.338/2021 by learned
th
4 Additional Motor Accident Claims Tribunal, Durg (CG),
whereby the learned Claims Tribunal has awarded a total
sum of Rs.14,96,250/- as compensation for the death of
Lomesh Ku. Sahu who was aged about 48 years and died in
a road accident which took place on 01.01.2021.
2. Learned counsel for the appellant would submit that the
learned Claims Tribunal has erred in awarding lesser
amount of compensation in the facts of the case. There are
four claimants in this case and the Claims Tribunal has
awarded lesser amount under other conventional heads,
which needs to be enhanced. Therefore, the instant appeal
be allowed and the compensation awarded by the Claims
Tribunal may suitably be enhanced.
3. Learned counsel for the respondent No.3 / Insurance
Company would submit that the incident is of the year
2021 and as per National Insurance Company Ltd. V.

3
1
Pranay Sethi , the Claims Tribunal ought to have granted
compensation under the conventional heads by increasing
it by 10%, whereas the Claims Tribunal has assessed it by
increasing it by 20% which is not sustainable in the eyes of
law and is liable to be reduced.
4. I have heard learned counsel for the parties, considered
their rival submissions made herein-above and went
through the records with utmost circumspection.
5. In the case at hand, it is true that in other conventional
heads the Tribunal has granted only Rs.1,80,000 which
ought to be 2,09,000/- as there are four claimants in this
case, to that extent the impugned award needs to be
modified.
6. Thus, in light of the aforesaid discussion and in light of the
judgments of the Supreme Court rendered in the matters of
Pranay Sethi (Supra) , Sarla Verma & Ors. Vs. Delhi
2
Transport Corporation & Ors and Magma General
3
Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors ,
this Court is computing the compensation as below:-
Sr.
Heads Compensation
Compensation
No.
awarded by the
awarded by this
Tribunal
Court
1 Income Rs. 1,08,000/-
Rs. 1,08,000/- per
per annum
annum
2. Deduction (-) 1/4 (i.e.
(-) 1/4 (i.e. 27000)=
27000)= 81,000/-
81,000/-
3. Multiplier (x) 13 =
(x) 13 =
10,53,000/-
10,53,000/-
4. Future (+)25% (i.e. Rs. (+)25% (i.e. Rs.
1 (2017) 16 SCC 680
2 (2009) 6 SCC 121
3 (2018) 18 SCC 130

4
prospect 2,63,250) =
2,63,250) =
13,16,250/-
13,16,250/-
5 Other
Rs. 1,80,000/-
Rs. 2,09,000/-
conventional
(18000+18000+14
(16500+16500+176
heads
4000)
000)
Total Rs. 14,96,250/- Rs. 15,25,250/-
7. In view of the aforesaid analysis, the amount of
compensation of Rs.14,96,250/- awarded by the Claims
Tribunal is enhanced to Rs.15,25,250/-. Hence, after
deducting the amount of Rs.14,96,250/-, the appellants
are held entitled for an additional amount of Rs.29,000/-.
The additional amount of compensation shall carry interest
@ 6% per annum from filing of the claim application before
the Claims Tribunal till its realization. Rest of the
conditions of the impugned award shall remain intact.
8. In the result, the appeal is and the
partly allowed
impugned award is modified to the extent as indicated
herein-above.
9. The Registry is directed to communicate the claimants in
writing “the enhanced amount” in this appeal as against
the award made by the concerned Tribunal. The said
communication be made in Hindi Deonagri language and
the help of paralegal workers may be availed with a co-
ordination of Secretary, Legal Aid of the concerned area
wherein the claimants resides.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
-Shubham