PREMLAL POYAM vs AKHTAR SAI

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CGHC010189782023 2026:CGHC:39180
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1046 of 2023
1 - Premlal Poyam S/o Lt. Piluram Poyam Aged About 40 Years R/o
Khutapara, Village Sonabal, Post Sonabal, District Kondagaon,
Chhattisgarh.
2 - Ramshila Poyam W/o Premlal Poyam Aged About 32 Years R/o
Digitally
signed by
ABHIGYA
SAXENA
ABHIGYA
SAXENA
Khutapara, Village Sonabal, Post Sonabal, District Kondagaon,
Chhattisgarh.
… Appellants
versus
1 - Akhtar Sai S/o Buchai Sai Aged About 26 Years R/o Durga Nagar,
Birgaon, P.S. Urla, Post Birgaon, Raipur, District Raipur,
Chhattisgarh. ....................(Driver)
2 - Surendra Singh S/o Gurucharan Singh Aged About 64 Years R/o
Surendra Niwas, Santrabadi, Durg, Tehsil And District Durg,
Chhattisgarh. ...............(Owner)
3 - The Oriental Insurance Company Limited Through Branch Manager,
Branch Office, Hotel Laxman Avenue, Murtiline, District Jagdalpur,
Chhattisgarh. .........(Insurance Com.) Policy Certificate No.
192500/31/2021/8802 Validity Dt. From 28-12-2020 Till 27-12-2021
... Respondent(s)
For Appellants : Mr. H.A.P.S. Bhatia, Advocate
For Respondent No.3. : Mr. Anupam Dubey, Advocate

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Hon'ble Shri Justice Sanjay Kumar Jaiswal
Judgment on Board
07.09.2026
1. Heard on I.A. No.01/2023 – an application for condonation of
delay in filing the Miscellaneous Appeal.
2. Upon due consideration and for the reasons assigned in the
application, the same is allowed and delay of 57 days in filing the
appeal is hereby condoned.
3. Heard on admission.
4. Admit.
5. Original Record is available.
6. With the consent of the parties, the matter is heard finally.
7. 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
16.12.2022, passed in Claim Case No.300/2021 by learned Motor
Accident Claims Tribunal, Bastar at Jagdalpur C.G., whereby the
learned Claims Tribunal has awarded a total sum of
Rs.15,40,352/- as compensation for the death of Vikas Poyam
aged about 16 years, who died in a road accident which took
place on 16.08.2021.
8. Learned counsel for the appellants would submit that the learned

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Claims Tribunal has erred in awarding lesser amount of
compensation in the facts of the case. The Claims Tribunal has
assessed the income of the deceased on the lower side and has
also 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.
9. Learned counsel for respondent No.3/insurance company would
submit that the Claims Tribunal after appreciating oral and
documentary evidence available on record rightly awarded the
compensation amount. Hence, the compensation awarded by the
Claims Tribunal is just and proper and requires no interference.
10. I have heard learned counsel for the parties, considered their
rival submissions made herein-above and went through the
records with utmost circumspection.
11. In the case at hand, date of accident was 16.08.2021 and the
deceased was aged about 16 year, therefore, the learned Tribunal
has taken the monthly income of the deceased to be Rs.9460/-,
which has rightly been assessed as per the Chhattisgarh
Minimum Wages Notification issued by the office of Labour
Commissioner, Chhattisgarh by the learned Tribunal. Furthermore,
in other conventional heads the Tribunal has granted only
Rs.1,10,000 which ought to be 1,21,000/-, to that extent the
impugned award needs to be modified.

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12. Thus, in light of the aforesaid discussion and in light of the
judgments of the Supreme Court rendered in the matters of
1
National Insurance Company Ltd. V. Pranay Sethi , Sarla
2
Verma & Ors. Vs. Delhi Transport Corporation & Ors and
Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru
3
Ram & Ors , this Court is computing the compensation as below:-
Compensation
Compensation
Sr.
Heads
awarded by the
awarded by this
No.
Tribunal
Court
Total Loss of
1
Rs.14,30,352/- Rs.14,30,352/-
Dependency
2. Funeral Expenses Rs.15,000/- Rs,16,500/-
3. Loss of Estate Rs.15,000/- Rs,16,500/-
Rs.80,000/-
Rs.88,000/-
4. Loss of Consortium
(40,000/- x 2)
(44,000/- x 2)
Total Rs. 15,40,352/- Rs. 15,51,352/-
13. In view of the aforesaid analysis, the amount of compensation of
Rs.15,40,352/- awarded by the Claims Tribunal is enhanced to
Rs.15,51,352/-. Hence, after deducting the amount of
Rs.15,40,352/-, the appellants are held entitled for an additional
amount of Rs.11,000/-. 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.
14. In the result, the appeal is partly allowed and the impugned
1 (2017) 16 SCC 680
2 (2009) 6 SCC 121
3 (2018) 18 SCC 130

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award is modified to the extent as indicated herein-above.
15. 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
Saxena