SMT. BHARGVI DAS vs SURAJ PANJWANI

1
Digitally signed
by SHUBHAM
SINGH
RAGHUVANSHI
Date: 2026.09.08
11:32:50 +0530
SHUBHAM
SINGH
RAGHUVANSHI

CGHC010249592023
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1495 of 2023
1 - Smt. Bhargvi Das W/o Lt. Pradeep Kumar Das Aged About
44 Years R/o Near Nagar Nigam, Jakku Bhai Colony, Sanyasi
Para, Khamtarai, Thana Khamtarai, Tahsil And District Raipur
Chhattisgarh.
2 - Priyesh Das S/o Lt. Pradeep Kumar Das Aged About 24 Years
R/o Near Nagar Nigam, Jakku Bhai Colony, Sanyasi Para,
Khamtarai, Thana Khamtarai, Tahsil And District Raipur
Chhattisgarh.,,,, ( Claimants )
... Appellants
versus
1 - Suraj Panjwani S/o Prakashchand Panjwani Aged About 33
Years R/o Ward No. 16, Sindhi Camp, Tilda Thana, Tilda-Newra,
District Raipur Chhattisgarh….. ( Driver)
2 - Sonu Panjwani S/o Prakashchand Panjwani Aged About 35
Years R/o Ward No. 16, Sindhi Camp, Tilda, Thana Tilda-Newra,
District- Raipur Chhattisgarh. ( Owner )
3 - Universal Sompo General Insurance Company, Through
Incharge Officer, Third Floor, Shop No. 123, Ashoka Miliniyum,
Ring Road No.1, New Rajendra Nagar, Raipur, Tahsil And District
Raipur Chhattisgarh. ( Insurer)
--- Respondent(s)

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For Appellants : Ms. Shruti Shrivastava, Advocate
For Respondents No.1 & 2 : Mr. Hardik Jaiswal, Advocate on
behalf of Mr. Anshul Tiwari, Adv.
For Respondent No.3 : None
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board
(07.09.2026)
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
21.03.2023, passed in Claim Case No.345/2022 by learned
th
9 Additional Motor Accident Claims Tribunal, Raipur (CG),
whereby the learned Claims Tribunal has awarded a total
sum of Rs.14,38,358/- as compensation for the death of
Priyanka Das who was aged about 26 years and died in a
road accident which took place on 15.01.2022.
2. Learned counsel for the appellant would submits that the
learned 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, 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 appearing on behalf of Respondents No.1
& 2 submits that at the time of accident, the vehicle was
insured with Respondent No.3, therefore, Respondents No.1
& 2 are not liable to pay any amount of compensation.
4. None appeared on behalf of Respondent No.3.
5. I have heard learned counsel for the parties, considered

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their rival submissions made herein-above and went
through the records with utmost circumspection.
6. In the case at hand, true it is that the learned Tribunal has
taken the monthly income of the deceased to be Rs.7800/-,
which ought to be Rs.9280/- as per the Chhattisgarh
Minimum Wages Notification issued by the office of Labour
Commissioner, Chhattisgarh, to that extent the impugned
award needs to be modified.
7. 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 Verma & Ors. Vs. Delhi Transport Corporation &
2
Ors and Magma General Insurance Co. Ltd. v. Nanu
3
, this Court is computing the
Ram @ Chuhru Ram & Ors
compensation as below:-
Sr.
Heads Compensation
Compensation
No.
awarded by the
awarded by this
Tribunal
Court
1 Income Rs. 7800/-
Rs. 9280 x 12 =
(monthly)
1,11,360/-
2. Future
(+)40% (i.e. Rs.
(+)40% (i.e. Rs.
prospect
3120) =
44,544) =
10,920/-
1,55,904/-
3. Deduction (-) 1/2 (i.e.
(-) 1/2 (i.e. 77952)
5460) = 5460/-
= 77,952/-
(Rs.65,520/- per
annum)
4. Multiplier (x) 17 =
(x) 17 =
11,13,840/-
13,25,184/-
5 Other Rs. 1,21,000/- Rs. 1,21,000/-
1 (2017) 16 SCC 680
2 (2009) 6 SCC 121
3 (2018) 18 SCC 130

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conventional
(16500+16500+880
heads
00)
6 Medical
1,88,518/- 1,88,518/-
expenses
7 Transportation 15,000/- 15,000/-
Total Rs. 14,38,358/- Rs. 16,49,702/-
8. In view of the aforesaid analysis, the amount of
compensation of Rs.14,38,358/- awarded by the Claims
Tribunal is enhanced to Rs.16,49,702/-. Hence, after
deducting the amount of Rs.14,38,358/-, the appellants
are held entitled for an additional amount of Rs.2,11,344/-.
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.
9. In the result, the appeal is partly allowed and the
impugned award is modified to the extent as indicated
herein-above.
10. 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