ISHWARI SAHU vs CHANDRASHEKHAR SONWANI

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CGHC010405232024 2026:CGHC:38717
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 2196 of 2024
1 - Ishwari Sahu W/o Late Yogesh Sahu @ Ramuva, Aged About 41
Years R/o Village Janji, Police Station Sipat, Tahsil And District Bilaspur
Chhattisgarh.
2 - Tomev Sahu S/o Late Yogesh Sahu @ Ramuva Aged About 16
Years Minor Through The Mother (Natural Guardian) Ishwari Sahu, R/o
Village Janji, Police Station Sipat, Tahsil And District Bilaspur
Chhattisgarh.
3 - Kumari Gitika Sahu D/o Late Yogesh Sahu @ Ramuva Aged About
12 Years Minor Through The Mother (Natural Guardian) Ishwari Sahu,
R/o Village Janji, Police Station Sipat, Tahsil And District Bilaspur
Chhattisgarh.
4 - Jugbati Sahu Wd/o Late Parasram Sahu Aged About 57 Years Minor
Through The Mother (Natural Guardian) Ishwari Sahu, R/o Village Janji,
Police Station Sipat, Tahsil And District Bilaspur Chhattisgarh.
... Appellant(s)
versus
1 - Chandrashekhar Sonwani S/o Narendra Sonwani Aged About 20
Years R/o Village And Post - Chhapora, Ward No. 15, Police Station
Vidhansabha Tahsil And District Raipur Chhattisgarh. (Driver And Owner
Of The Vehicle Motor Cycle No. C. G. 04/NF/0927)
2 - H.D.F.C. ARGO General Insurance Company Limited Through
Branch Manager, Branch Office 3rd Floor, Chawla Complex, Devendra

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Nagar, Main Road, Raipur, Tahsil And District Raipur Chhattisgarh.
(Insurer Of The Vehicle Motor Cycle No. C. G. 04/NF/0927)
... Respondent(s)
For Appellant(s) : Mr. Anand Kesharwani, Advocate.
For Respondent No.1 : Ms. Anshika Singh, Advocate on behalf of
Mr. Pushkar Sinha, Advocate.
For Respondent No.2 : Mr. Prashant Sahu, Advocate.
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board
(01.09.2026)
1. Heard on I.A.No.01/2024, an application under Section 5 of the
Limitation Act.
2. There is delay of 102 days in filing the appeal.
3. This is claimants’ appeal for enhancement of the award amount.
4. Upon due consideration and for the reasons mentioned in the
application, I.A.No.01/2024 is allowed and delay of 102 days in
filing the appeal is hereby condoned.
5. Also heard on admission.
6. The appeal is admitted for hearing.
7. With the consent of learned counsel for the parties, the appeal is
heard finally.
8. 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
10.05.2024, passed in Motor Accident Claim Case No.873/2022,

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whereby the learned Claims Tribunal has awarded a total sum of
Rs.16,62,500/- as compensation for the death of Late Yogesh
Sahu, who died in a road accident which took place on
14.03.2022.
9. Learned counsel for the appellants submits that the learned
Claims Tribunal has committed error of law in assessing the
monthly income of the deceased. The deceased at the relevant
time was running steel railing shop and was earning Rs.15,000/-
per month, however, the learned Tribunal only assessed the
monthly income of the deceased at Rs.10,000/- in view of
Chhattisgarh Minimum Wages Notification issued by the office of
Labour Commissioner, Chhattisgarh for unskilled labour, which is
not justified. He further submits that under the conventional heads
also the learned Claims Tribunal has awarded meager
compensation, which needs to be enhanced suitably in view of the
judgment of the Hon’ble Supreme Court in National Insurance
Company Ltd. v. Pranay Sethi & Ors. , reported in (2017) 16
SCC 680 .
10. Ms. Anshika Singh, learned counsel for respondent No.1 has duly
assisted the Court.
11. Mr. Prashant Sahu, learned counsel for respondent
No.2/Insurance Company supporting the impugned award submits
that the learned Claims Tribunal has awarded just and proper
compensation, which needs no interference by this Court.
12. I have heard learned counsel appearing for the parties & perused
the record of the Tribunal, including award impugned.
13. In the present case, the appellants/claimants pleaded before the
Claims Tribunal that the deceased,Yogesh Sahu, was running
steel railing shop and earning Rs.15,000/- per month, however, no
documentary evidence had been adduced by the claimants to

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prove this fact and the statement of the employer has not been
recorded in this regard. Thus, the learned Claims Tribunal has
rightly assessed the monthly income of the deceased at
Rs.10,000/- in view of Chhattisgarh Minimum Wages Notification
issued by the office of Labour Commissioner, Chhattisgarh for
unskilled labour.
14. Upon perusal of the impugned award, it is evident that the learned
claims Tribunal has awarded an amount of Rs.40,000/- to
appellant No.1 towards spousal consortium, Rs.40,000/- to
appellant Nos. 2 to 4 towards loss of love & affection, Rs.15,000/-
towards loss of estate and Rs.25,000/- towards funeral expenses,
but looking to the facts and circumstances of the case and the fact
that the accident took place on 14.03.2022, it is not found proper
and needs to be enhanced/modified suitably in terms of the
principles laid down in Pranay Sethi (supra) .
15. Thus, the compensation payable under the conventional heads is
recomputed as under :-
S.No. Heads Awarded by the
Awarded by this
Tribunal
Court
01. Towards Loss of
Rs.80,000/- Rs. 44,000x4 =
consortium to all the
Rs.1,76,000/-
4 claimants.
02 Towards loss of
Rs.15,000/- Rs.16,500/-
estate.
03 Towards funeral
Rs.25,000/- Rs.16,500/-
expenses.
Total Rs. 1,20,000/- Rs. 2,09,000/-
16. Since, the learned Tribunal has already awarded Rs.1,20,000/-
under the conventional heads, the appellants become entitled to
an additional sum of Rs.89,000/- (Rs.2,09,000 – 1,20,000) under

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the said head.
17. In the result, the appeal is partly allowed . The
claimants/appellants shall be entitled to get Rs. 89,000/- in
addition to what is already awarded by the claims Tribunal. The
enhanced amount shall carry interest @ 6% from the date of filing
of the claim petition before the Tribunal till its realization. The
impugned award stands modified to the above extent and rest of
the conditions shall remain intact.
18. The Registry is further directed to communicate the claimants in
writing “the enhanced amount” in this appeal as against the award
made by the Tribunal below. 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
Pekde
Digitally signed by
VIJAY BHARATRAO
PEKDE
Date: 2026.09.07
11:11:53 +0530