RITA SARAF vs HARISH KUMAR DEWANGAN

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CGHC010261512025 2026:CGHC:46653
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1364 of 2025
1 - Rita Saraf Wd/ Late Basant Saraf Aged About 62 Years R/o
Village Nayapara Konda Gali Gandhi Chowk Balodabazar, Police
Station City Kotwali Balodabazar, District - Balodabazar- Bhatapara
(C.G.)
2 - Vikas Saraf S/o Late Basant Saraf Aged About 42 Years R/o
Village Nayapara Konda Gali Gandhi Chowk Balodabazar, Police
Station City Kotwali Balodabazar, District - Balodabazar- Bhatapara
(C.G.)
3 - Vivek Saraf S/o Late Basant Saraf Aged About 40 Years R/o
Village Nayapara Konda Gali Gandhi Chowk Balodabazar, Police
Station City Kotwali Balodabazar, District - Balodabazar- Bhatapara
(C.G.)
4 - Shivam Saraf S/o Late Basant Saraf Aged About 30 Years R/o
Village Nayapara Konda Gali Gandhi Chowk Balodabazar, Police
Station City Kotwali Balodabazar, District - Balodabazar- Bhatapara
(C.G.)
... Appellants
versus
1 - Harish Kumar Dewangan S/o Chhabiram Dewangan Aged About
46 Years R/o Village Mahatma Gandhi Ward Dhamtari, Police Station
City Kotwali Dhamtari, District - Dhamatari (C.G.) (Driver And Owner
Of Offending Vehicle Motorcycle Bearing Registration No. C.G. - 05-
U-6341
... Respondents
For Appellants/Claimants : Mr. S.P. Sahu, Advocate.
For Respondent : Mr. Anand Kesharwani, Advocate.
Digitally signed
by HEERA LAL
SAHU
Date:
2026.11.04
16:36:51
+0530

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Hon'ble Shri Justice Sanjay Kumar Jaiswal
Judgment on Board
(04.11.2026)
1. Heard on I.A. No. 01/2025, application for condonation of
delay in filing the appeal.
2. This is a claimants’ appeal for enhancement. Upon due
consideration and for the reasons stated in the application,
I.A. No. 01/2025 is allowed. Delay of 236 days in filing the
appeal is condoned.
3. Also heard on admission.
4. Admit.
5. With the consent of both the parties, the matter was heard
finally.
6. 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
29.07.2024, passed in Claim Case No.79/2022, whereby the
learned Claims Tribunal has awarded a total sum of
Rs.9,49,426/- as compensation for the death of Late Basant
Saraf (66 years old), who died in a road accident which took
place on 04.09.2021.
7. Learned counsel for the appellant would submit that the
learned Claims Tribunal has erred in awarding a lesser
amount of compensation in the facts of the case. The Claims
Tribunal has assessed the income of the deceased as
Rs.8,000/- per month, whereas the minimum wages were Rs.
9,200/- per month on the date of the accident i.e.
04.09.2021; therefore, the income of the deceased should be
considered on the higher side. The Tribunal has also awarded
a lesser amount under other conventional heads, which
needs to be enhanced. Therefore, the instant appeal should
be allowed, and the compensation awarded by the Claims
Tribunal may suitably be enhanced.
8. Learned counsel for respondent supported the impugned
award.

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9. I have heard learned counsel for the parties and went
through the records with utmost circumspection.
10. In the case at hand, the learned Tribunal has indeed taken
the monthly income of the deceased to be Rs. 8,000/-.
Further, though there are four claimants, only considering
the wife of the deceased as dependent on the deceased, a
1/2nd deduction was rightly made for personal and living
expenses and considering the age of the deceased as 66 years
(as per postmortem report Ex.A-10), future prospects would
rightly not be added to the income of the deceased as per law.
According to the claimants, the deceased was aged about 66
years and was involved in the business of silver and gold,
and he had also a shop of gold and silver ornaments; he used
to earn Rs. 55,000/- per month from his work, but no
documents have been produced in support of this fact;
hence, it would be proper to take his monthly income of
Rs.9,200/- as per the Chhattisgarh Minimum Wages
Notification issued by the office of Labour Commissioner,
Chhattisgarh for unskilled labour. Furthermore, in other
conventional heads, the Tribunal has granted only
Rs.70,000/- (funeral expenses Rs. 15,000/-, loss of estate
Rs. 15,000/- and Rs. 40,000/- towards consortium to only
one claimant i.e., the wife of the deceased), which ought to be
Rs.2,09,000/-, as all the Legal heirs are entitled to get
compensation towards consortium with increment of 10% as
per law. To that extent, the impugned award needs to be
modified.
11. 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 @
3
Chuhru Ram & Ors , this Court is computing the
1 (2017) 16 SCC 680
2 (2009) 6 SCC 121
3 (2018) 18 SCC 130

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compensation as below:-
Sr.
No.
Heads Compensation
awarded by the
Tribunal
Compensation
awarded by this
Court
1. Medical
expenses
Rs. 6,39,426/- Rs. 6,39,426/-
2. Income Rs. 8,000 x 12 =
Rs. 9,200 x 12 =
96,000/-
1,10,400/-
3. Deduction (-) 1/2 (i.e. Rs. 48,000)
(-) 1/2 (i.e. Rs.
55,200) = 55,200/-
= 48,000/-
4. Multiplier (x) 5 = 2,40,000/- (x) 5 = 2,76,000/-
5. Other
conventional
heads
Rs. 70,000/-
[15,000+15,000+40,00
Rs. 2,09,000/-
[16,500+16,500+(44,
0]
000x4)]
Total Rs. 9,49,426/- Rs. 11,24,426/-
12. In view of the aforesaid analysis, the amount of
compensation of Rs.9,49,426/- awarded by the Claims
Tribunal is enhanced to Rs.11,24,426/-. Hence, after
deducting the amount of Rs.9,49,426/-, the
appellants/claimants are held entitled for an additional
amount of Rs.1,75,000/- . The additional amount of
compensation shall carry interest @ 6% per annum from the
date of filing of the appeal before this Court i.e. 23.06.2025
till its realization. Rest of the conditions of the impugned
award shall remain intact.
13. In the result, the appeal is partly allowed and the impugned
award is modified to the extent as indicated herein-above.
14. 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
H.L. Sahu