SHITLA BAI YADAV vs SURENDRA JAISWAL

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CGHC010096892023 2026:CGHC:46287
NAFR
Digitally
signed by
PRASHANT
DEWANGAN
Date:
2026.11.03
17:35:04
+0530
PRASHANT
DEWANGAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 444 of 2023
1 - Shitla Bai Yadav W/o Late Sanjay Yadav Aged About 27 Years R/o
Ward No. 06, Amsena, Post Sakrra Thana- Hirri, Tahsil Takhatpur
District - Bilaspur Chhattisgarh.
2 - Ankit Yadav S/o Late Sanjay Yadav Aged About 12 Years Minor
Through Legal Guardian Mother Shitla Bai Yadav. R/o Ward No. 06,
Amsena, Post Sakrra Thana- Hirri, Tahsil Takhatpur District -
Bilaspur Chhattisgarh.
3 - Nandani Yadav D/o Late Sanjay Yadav Aged About 9 Years Minor
Through Legal Guardian Mother Shitla Bai Yadav. R/o Ward No. 06,
Amsena, Post Sakrra Thana- Hirri, Tahsil Takhatpur District -
Bilaspur Chhattisgarh.
4 - Nand Yadav S/o Late Sanjay Yadav Aged About 7 Years Minor
Through Legal Guardian Mother Shitla Bai Yadav. R/o Ward No. 06,
Amsena, Post Sakrra Thana- Hirri, Tahsil Takhatpur District -
Bilaspur Chhattisgarh.
5 - Bisun Yadav S/o Late Khelan Yadav Aged About 62 Years R/o
Village Amsena, Post Sakrra Thana, Hirri, Tahsil - Takhatpur District
- Bilaspur Chhattisgarh.
6 - Bhagwati Yadav W/o Bisun Yadav Aged About 52 Years R/o
Village Amsena, Post Sakrra, Thana- Hirri, Tahsil - Takhatpur District
- Bilaspur Chhattisgarh.
... Appellants
versus

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1 - Surendra Jaiswal S/o Radhe Lal Jaiswal R/o Village - Amne,
Thana And Tahsil Kota, District - Bilaspur Chhattisgarh. (Driver Of
Offending Vehicle Mazda No. CG-10/W/5742)
2 - Shiv Kumar Kaiwart S/o Punni Ram Kaiwart R/o Ward No. 11,
Village Kheksahi (Sardha), Post Sewar, Thana -Chakarbhatha, Tahsil
Bilha, District Bilaspur Chhattisgarh (Owner Of Offending Vehicle
Mazda No. CG-10/W/5742)
3 - Chola Mandalam M.S. General Insurance Company Limited., Main
Road, Near- Vinayak Netralay, Vyapar Vihar- Bilaspur Thana-
Tarbahar, Tahsil And District Bilaspur Chhattisgarh. (Insurer Of
Offending Vehicle Mazda No. CG-10/W/5742)
... Respondent(s)
For Appellants : Mr. A.L. Singroul, Advocate
For Respondent No.2 : Mr. Sahil Sahu, Advocate
For Respondent No.3 : Mr. Sangeet Kumar Kushwaha, Advocate
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Judgment on Board
(02/11/2026)
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
14/12/2022, passed in Claim Case No. 1735/2021, whereby
the learned Claims Tribunal has awarded a total sum of
Rs.19,23,760/- as compensation for the death of Sanjay Yadav,
who died in a road accident which took place on 17/10/2021.
2. Learned counsel for the appellants submits that the learned
Claims Tribunal has erred in awarding lesser compensation in
the facts and circumstances of the case. It is contended that the
learned Claims Tribunal wrongly assessed the income of the
deceased at Rs. 7,800/- per month, whereas it ought to have
been taken at Rs. 9,280/- per month in accordance with the
Chhattisgarh Minimum Wages Notification issued by the Office
of the Labour Commissioner, Chhattisgarh. He further submits

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that the compensation awarded towards the consortium is also
on the lower side. It is, therefore, prayed that the instant appeal
be allowed and the compensation awarded by the learned
Claims Tribunal be suitably enhanced.
3. Learned counsel for respondent No.3/insurance company and
respondent No.2 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
proper and requires no interference.
4. I have heard learned counsel for the parties, considered their
rival submissions made herein-above and went through the
records with utmost circumspection.
5. The learned Claims Tribunal assessed the monthly income of
the deceased at Rs. 7,800/-. However, in the opinion of this
Court, as per the Chhattisgarh Minimum Wages Notification
issued by the Office of the Labour Commissioner, Chhattisgarh,
the monthly income of the deceased should be Rs. 9,280/-
(being the minimum wages prescribed at the relevant time).
Further, the learned Claims Tribunal, considering that the
deceased was married and aged about 30 years at the time of
the accident and having regard to the number of claimants (6),
added 40% towards future prospects to the income of the
deceased, deducted one-fourth (1/4) of the income towards the
personal and living expenses of the deceased and applied
multiplier of 17, which is found to be just and proper. However,
under the conventional heads, the learned Tribunal awarded
only Rs.2,53,000/-, whereas the claimants are entitled to Rs.
2,97,000/-. To that extent, the impugned award warrants
modification by re-assessing the monthly income of the
deceased and by enhancing the compensation under the
conventional heads.
6. 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.
Heads Compensation
Compensation
No.
awarded by the
awarded by this
Tribunal
Court
1 Income Rs. 7,800/- x
Rs. 9,280 x 12 =
12=93,600
1,11,360/-
2. Future
(+)40% (i.e. Rs.
(+)40% (i.e. Rs.
prospect
37,440) = 1,31,040/-
44,544) = 1,55,904/-
3. Deduction (-) 1/4 (i.e. 32,760) =
(-) 1/4 (i.e. 38,976) =
98,280/-
1,16,928/-
4. Multiplier (x) 17 = 16,70,760/- (x) 17 = 19,87,776/-
5 Other
Rs. 2,53,000/-
Rs. 2,97,000/-
conventional
(44,000 x 5
(44,000 x 6+
heads
+16,500+16,500)
16,500+16,500)
Total Rs. 19,23,760/- Rs. 22,84,776/-
7. In view of the aforesaid analysis, the amount of compensation of
Rs.19,23,760/- awarded by the Claims Tribunal is enhanced to
Rs.22,84,776/-. Hence, after deducting the amount of Rs.
19,23,760/-, the appellants are held entitled for an additional
amount of Rs. 3,61,016 /-. The additional amount of
compensation shall carry interest @ 6% per annum from the
date of the filing of the claim application before the Tribunal till
its realization. Rest of the conditions of the impugned award
shall remain intact.
8. In the result, the appeal is partly allowed and the impugned
award is modified to the extent as indicated herein-above.
1 (2017) 16 SCC 680
2 (2009) 6 SCC 121
3 (2018) 18 SCC 130

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9. 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
Prashant