SMT. ANISHA KHATOON vs VIJAY YADAV

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CGHC010080392022 2026:CGHC:38741
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 344 of 2022
1 - Smt. Anisha Khatoon W/o Late Fahim Mohammed, Aged About 47
Years R/o Hazipur, Police Station Hazipur, District Vaishali (Bihar)
2 - Nikhat Parveen W/o Late Ali Imran @ Chand Babu, Aged About 24
Years R/o Hazipur, Police Station Hazipur, District Vaishali (Bihar)
3 - Ku. Sabana D/o Late Ali Imran @ Chand Babu, Aged About 4 Years
Minor, Represented Through Mother Nikhat Parveen, R/o Hazipur,
Police Station Hazipur, District Vaishali (Bihar)
... Appellant (s)
versus
1 - Vijay Yadav S/o Lakhan Yadav Aged About 32 Years R/o Village
Nakti Sarai, Police Station - Saten, District Vaishali (Bihar) At Present
R/o Gariya, House No. 4, Police Station Gariya, District Vashali (Bihar)
4002144023 (Driver Of Vehicle Truck No. W.B.-23-D-6588)
2 - Asam Kerla Roadways Pvt. Lte., 27 Western State Fifth Floor, Room
No. 503, Calcutta, District Calcutta (West Bengal) (Registered Owner Of
Vehicle Truck No. W.B.-23-D-6588)
3 - The Branch Manager, Royal Sunderam General Insurance Company
Limited, Third Floor, Raj Chamber, Below Overbridge, Mowa, Pandri
Disrict Raipur Chhattisgarh. (Insurer Of Vehicle Truck No. W.B.-23-D-
6588)
... Respondent(s)
For Appellant (s) : Ms. Prachi Singh, Advocate.
For Respondent No.3 : Mr. Anupam Dubey, Advocate.

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Hon'ble Shri Justice Sanjay Kumar Jaiswal
Judgment on Board
(01.09.2026)
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
15.11.2021, passed in Claim Case No. H-74/2019, whereby the
learned Claims Tribunal has awarded a total sum of Rs.6,44,800/-
as compensation for the death of Late Irfan Ansari, who died in a
road accident which took place on 20.04.2019.
2. Learned counsel for the appellants submits that the learned
Claims Tribunal has committed error of law in assessing the
monthly income of the deceased. She further submits that the
deceased at the relevant time was working in Tegi Tyre Workshop,
Patewa where he used to repair punctured tyres, which is evident
from the evidence of Nabi Khan (AW-3), the owner of the shop,
and the said owner used to give salary of Rs.12,000/- per month
to the deceased, however, the learned Tribunal disbelieving the
evidence of Nabi Khan (AW-3) only assessed the monthly income
of the deceased at Rs.4,000/- in view of Chhattisgarh Minimum
Wages Notification issued by the office of Labour Commissioner,
Chhattisgarh for unskilled labour, which is not justified. She also
submits that under the conventional heads also the learned
Claims Tribunal has awarded meager compensation, which needs
to be enhanced suitably.
3. Learned counsel for respondent No.3/insurance company
supporting the impugned award submits that the learned Claims
Tribunal, after appreciating oral and documentary evidence, has
rightly passed the impugned awards, which does not call for any
interference by this Court.

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4. I have heard learned counsel for the appellant and respondent
No.3, considered their rival submissions made herein-above and
went through the records with utmost circumspection.
5. In the present case, the appellants/claimants pleaded before the
Claims Tribunal that the deceased Irfan Ansari was working in
Tegi Tyre Workshop and used to repair punctured tyres and was
earning Rs.12,000/- per month, but the learned Claims Tribunal
assessed the monthly income of the deceased at Rs.4,000/- for
unskilled labour in view of C.G. Minimum Wages Notification
issued by the Office of Labour Commissioner, C.G. As regards the
monthly income of the deceased, the claimants did not produce
any credible evidence which could establish that the deceased at
the time of accident was working in the shop of Nabi Khan (AW-3)
and he used to give salary of Rs.12,000/- per month to the
deceased. Considering that the accident took place on 20.04.2019
and the deceased who was unmarried, left behind 03 dependents,
it would proper to take his monthly income of Rs.8,400/- as per
the Chhattisgarh Minimum Wages Notification issued by the office
of Labour Commissioner, Chhattisgarh for unskilled labour.
Therefore, to that extent the impugned award needs to be
modified.
6. The learned claims Tribunal, considering the nature of job of
deceased (self employed) at the time of accident 20.04.2019, the
fact that he was unmarried aged 22 years, and number of
dependents (03), has rightly taken future prospect of 40%
deducted 1/2th towards personal expenses and applied multiplier
of 18 respectively. However, the amount of Rs.10,000/- awarded
towards consortium only to claimant No.1, do not appear to be just
and reasonable in the facts and circumstances of the case, which
requires to be enhanced suitably.
7. Thus, in light of the aforesaid discussion and in light of the

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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:-
Sr.
No.
Heads Compensation
awarded by the
Tribunal
Compensation
awarded by this Court
1 Income Rs. 4000x12 =
Rs. 8400x12 =
48,000/-
1,00,800/-
2. Future
prospect
(+) 40% (i.e. Rs.
19,200) = 67,200/-
(+)40% (i.e. Rs.40,320)
= 1,41,120/-
3. Deduction (-) 1/2 (i.e.33,600) =
(-) 1/2 (i.e.70,560) =
33,600/-
70,560/-
4. Multiplier (x) 18 = 6,04,800/- (x) 18 = 12,70,080/-
5 Towards
Loss of
consortium
to all 04
claimants.
Rs. 10,000/- Rs. 40,000x3 = Rs.
1,20,000/-
6. Towards
Loss of
Estate
Rs.15,000/- Rs.15,000/-
7. Towards
funeral
expenses
Rs.15,000/- Rs.15,000/-
Total Rs.6,44,800/- Rs.14,20,080/-
8. In view of the aforesaid analysis, the amount of compensation of
Rs.6,44,800/- awarded by the Claims Tribunal is enhanced to
Rs.14,20,080/-. Hence, after deducting the amount of
Rs.6,44,800/-, the appellants are held entitled for an additional
1(2017) 16 SCC 680
2(2009) 6 SCC 121
3(2018) 18 SCC 130

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amount of Rs.7,75,280/- . The additional amount of compensation
shall carry interest @ 6% per annum from the date of 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
Digitally signed by
VIJAY BHARATRAO
pekde
PEKDE
Date: 2026.09.03
10:50:20 +0530