BHARTI DHRUV vs LEKHRAM SAHU

1
Digitally signed
by SHUBHAM
SINGH
RAGHUVANSHI
Date:
2026.10.16
14:42:22 +0530
SHUBHAM
SINGH
RAGHUVANSHI

CGHC010154932026
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1015 of 2026
1 - Bharti Dhruv Wd/o Late Rup Singh Dhruv, Aged About 29 Years
R/o Village Sajapali,police Station Chhura, District Gariyaband (C.G.)
2 - Minor Kumkum Dhruv S/o Late Rup Singh Dhruv, Aged About 3
Years Appellant No. 2 And 3 Are Minor Through Legal Guardian
Mother Bharti Dhruv W/o Late Rup Singh Dhruv, R/o Village
Sajapali, Police Station Chhura, District Gariyaband (C.G.)
3 - Minor Hitesh Dhruv S/o Late Rup Singh Dhruv, Aged About 9
Years Appellant No. 2 And 3 Are Minor Through Legal Guardian
Mother Bharti Dhruv W/o Late Rup Singh Dhruv, R/o Village
Sajapali, Police Station Chhura, District Gariyaband (C.G.)
4 - Jivanram S/o Umendram Aged About 54 Years R/o Village
Sajapali, Police Station Chhura, District Gariyaband (C.G.)
5 - Ramhin W/o Jivanram, Aged About 50 Years R/o Village Sajapali,
Police Station Chhura, District Gariyaband (C.G.)
... Appellants
versus
1 - Lekhram Sahu S/o Johan Lal R/o Village Pokhra, Police Station
Rajim, District Gariyaband (C.G.) (Driver And Owner Of Alleged
Offending Vehicle Bearing Registration No. Cg-04-Pg-4809)

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2 - Branch Manager, Universal Shompo General Insurance Company
Limited, First Floor B-7, Shriram Nagar, T.V. Tower, Road Raipur,
Tahsil And District Raipur (C.G.) (Insurer Of Alleged Offending Vehicle
Bearing Registration No. Cg-04-Pg-4809)
--- Respondent(s)
For Appellants : Mr. C.R. Sahu, Advocate
For Respondents : None
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Judgment on Board
(16.10.2026)
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
11.02.2026, passed in Claim Case No.12/2024 by learned
Additional Motor Accident Claims Tribunal, Gariyaband
(CG), whereby the learned Claims Tribunal has awarded a
total sum of Rs.17,40,760/- as compensation for the death
of Roop Singh who was aged about 28 years and died in a
road accident which took place on 26.01.2024.
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

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suitably be enhanced.
3. None appeared on behalf of the Respondents.
4. I have heard learned counsel appearing for the appellant,
considered his rival submissions made herein-above and
went through the records with utmost circumspection.
5. 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.10100/- 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.70,000 which ought to be 2,76,000/-, to that extent the
impugned award needs to be modified.
6. 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
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, this Court is computing the
Ram @ Chuhru Ram & Ors
compensation as below:-
Sr.
Heads Compensation
Compensation
No.
awarded by the
awarded by this
Tribunal
Court
1 Income Rs. 7800 x 12 =
Rs. 10100 x 12 =
93,600/-
1,21,200/-
2. Future
(+)40% (i.e. Rs.
(+)40% (i.e. Rs.
prospect
37440) =
48,480) =
1,31,040/-
1,69,680/-
3. Deduction (-) 1/4 (i.e. (-) 1/4 (i.e. 42420)
1 (2017) 16 SCC 680
2 (2009) 6 SCC 121
3 (2018) 18 SCC 130

4
32760) =
= 1,27,260/-
98,280/-
4. Multiplier (x) 17 =
(x) 17 =
16,70,760/-
21,63,420/-
5 Other
Rs. 70,000/- Rs. 2,76,000/-
conventional
(18000+18000+240
heads
000)
Total Rs. 17,40,760/- Rs. 24,39,420/-
7. In view of the aforesaid analysis, the amount of
compensation of Rs.17,40,760/- awarded by the Claims
Tribunal is enhanced to Rs.24,39,420/-. Hence, after
deducting the amount of Rs.17,40,760/-, the appellants
are held entitled for an additional amount of Rs.6,98,660/-.
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.
8. In the result, the appeal is and the
partly allowed
impugned award is modified to the extent as indicated
herein-above.
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
-Shubham