BIHARILAL SAHU vs RUDRAPRATAP NISHAD

1
Digitally signed
by SHUBHAM
SINGH
RAGHUVANSHI
Date: 2026.10.27
16:49:00 +0530
SHUBHAM
SINGH
RAGHUVANSHI

CGHC010213512025 2026:CGHC:45288
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1167 of 2025
1 - Biharilal Sahu S/o Late Shyamlal Sahu Aged About 70 Years R/o
Village Ranwa, Post Sansinva, Police Station Arjuni, Tahsil And
District Dhamtari Chhattisgarh
2 - Smt. Silochana Bai W/o Bihari Lal Sahu Aged About 64 Years R/o
Village Ranwa, Post Sansinva, Police Station Arjuni, Tahsil And
District Dhamtari Chhattisgarh
... Appellants
versus
1 - Rudrapratap Nishad S/o Harijay Nishad Aged About 34 Years R/o
Village Bakharupara, Narayanpur District Narayanpur Chhattisgarh
(Driver)
2 - M/s Joysol Furniture Proprietor Mukesh Jain, S/o Gulab Chand
Jain, Aged About 43 Years, R/o Main Road Narayanpur, Police Station
And District Narayanpur Chhattisgarh (Owner)
3 - Branch Manager United India Insurance Company Limited, Upper
Side Of Union Bank, Tikarapara, Chowk, Bastar Road, Dhamtari
District Dhamtari Chhattisgarh (Insurer)
--- Respondent(s)
For Appellants : Mr. Praveen Dhurandhar, Advocate
For Respondents No.1 & 2 : Mr. Shivank Mishra, Advocate
For Respondent No.3 : Mr. Dashrath Gupta, Advocate

2
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Judgment on Board
(27.10.2026)
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
01.03.2025, passed in Claim Case No.53/2024 by learned
Additional Motor Accident Claims Tribunal, Dhamtari (CG),
whereby the learned Claims Tribunal has awarded a total
sum of Rs.10,95,800/- as compensation for the death of
Hemraj Sahu who was aged about 37 years and died in a
road accident which took place on 01.04.2024.
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. 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.
3. Learned Counsel appearing for Respondents No.1 & 2
submits that at the time of accident, the offending vehicle
was insured with Respondent No.3, therefore, Respondents
No.1 & 2 are not liable to pay any amount of compensation.
4. 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

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proper and requires no interference.
5. I have heard learned counsel for the parties, considered
their rival submissions made herein-above and went
through the records with utmost circumspection.
6. In the case at hand, it is true that the learned Tribunal has
taken the monthly income of the deceased to be Rs.7800/-,
which ought to be Rs.10380/- as per the Chhattisgarh
Minimum Wages Notification issued by the office of Labour
Commissioner, Chhattisgarh. Furthermore, in other
conventional heads the Tribunal has granted only
Rs.1,13,000 which ought to be 1,32,000/-, 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
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. 7800/- Rs. 10380 x 12 =
1,24,560/-
2. Future
(+)40% (i.e. Rs.
(+)40% (i.e. Rs.
prospect
3,120) =
49,824) =
10,920/-
1,74,384/-
3. Deduction (-) 1/2 (i.e. 5460)
(-) 1/2 (i.e. 87192)
= 5,460/- Rs.
= 87,192/-
1 (2017) 16 SCC 680
2 (2009) 6 SCC 121
3 (2018) 18 SCC 130

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65,520/- per
annum
4. Multiplier (x) 15 =
(x) 15 =
9,82,800/-
13,07,880/-
5 Other
Rs. 1,13,000/- Rs. 1,32,000/-
conventional
(18000+18000+960
heads
00)
Total Rs. 10,95,800/- Rs. 14,39,880/-
8. In view of the aforesaid analysis, the amount of
compensation of Rs.10,95,800/- awarded by the Claims
Tribunal is enhanced to Rs.14,39,880/-. Hence, after
deducting the amount of Rs.10,95,800/-, the appellants
are held entitled for an additional amount of Rs.3,44,080/-.
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 and the
partly allowed
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