SMT. ANISHA NISHAD vs CHUMMAN VAISHNAV

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CGHC010126082025 2026:CGHC:45872
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 774 of 2025
1 - Smt. Anisha Nishad Wd/o Late Shri Dular Nishad Aged About 24
Years R/o Village - Kewatpara, Takhatpur, Police Station - Takhatpur,
District - Bilaspur Chhattisgarh
2 - Sandip Kumar Nishad S/o Late Shri Dular Nishad Aged About 3
Years Minor Through The Mother (Natural Guardian) Smt. Anisha
Nishad, Appellant No. 01, R/o Village - Kewatpara, Takhatpur, Police
Station - Takhatpur, District - Bilaspur Chhattisgarh
3 - Smt. Mongra Bai Nishad W/o Shri Ajay Nishad Aged About 42 Years
R/o Village - Kewatpara, Takhatpur, Police Station - Takhatpur, District -
Bilaspur Chhattisgarh
4 - Ajay Nishad S/o Shri Dukhuram Nishad Aged About 47 Years R/o
Village - Kewatpara, Takhatpur, Police Station - Takhatpur, District -
Bilaspur Chhattisgarh
... Appellants
versus
1 - Chumman Vaishnav S/o Shri Shatrughan Vaishnav Aged About 27
Years R/o Village - Beltukari, Police Station - Nandghat (Wrongly
Mentioned As Nandghat), District Bemetara Chhattisgarh ( Driver Of
The Vehicle Motor Cycle No. - C.G. 25 J/3889)
2 - Nagesh Kumar Rajpur S/o Shri Hiran Singh Rajput Aged About 22
Years R/o Village - Beltukari, Police Station - Nandghat (Wrongly
Mentioned As Nandghat), District Bemetara Chhattisgarh ( Owner Of
The Vehicle Motor Cycle No. - C.G. 25 J/3889)

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3 - Tata AIG General Insurance Company Limited Through Branch
Manager, Branch Office - O - Zone Bilaspur Road, Near Fafadih Chowk,
Raipur District Raipur Chhattisgarh ( Insurer Of The Vehicle Motor Cycle
No. - C.G. - 25 J/3889)
... Respondents
For Appellants : Mr. Anand Kesharwani, Advocate
For Respondent Nos. 1 & 2 : None
For Respondent No.3 : Ms. Harneet Kaur Khanuja, Advocate

Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board
(29.10.2026)
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
29.01.2025, passed in Claim Case No.1513/2022, whereby the
learned Claims Tribunal has awarded a total sum of
Rs.23,91,672/- as compensation for the death of Late Dular
Nishad, who died in a road accident which took place on
04.05.2022.
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. The deceased at the relevant
time was whole-seller of fish and earning Rs.30,000/- per month,
however, the learned Tribunal only assessed the monthly income
of the deceased at Rs.9,540/- for unskilled labour, which is not
justified. Therefore, the impugned award needs to be enhanced
suitably.
3. None for respondent Nos. 1 & 2
4. Learned counsel appearing for respondent No.3/Insurance

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Company opposing the argument advanced by learned counsel
for the appellants submits that the learned Tribunal, after
appreciating oral and documentary evidence, has rightly passed
the impugned award and has rightly awarded amount under the
conventional heads, which needs no interference by this Court.
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 present case, the appellants/claimants pleaded before the
Claims Tribunal that the deceased Dular Nishad was whole-seller
of fish and earning Rs.30,000/- per month. However, no cogent
and reliable evidence was adduced by the appellants/claimants to
substantiate this claim. The learned Tribunal has indeed taken the
monthly income of the deceased at Rs.9,540/-. Considering the
deceased as unskilled labourer at the time of accident i.e.
04.05.2022, it would be proper to take his monthly income at
Rs.9,960/- 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.
7. The learned claims Tribunal, considering the nature of job of
deceased (self employed) at the time of accident 04.05.2022, the
fact that he was married aged 23 years, and number of
dependents (04), has rightly taken future prospect of 40%,
deducted 1/4 towards personal expenses and applied multiplier of
18 respectively, along with Rs.18,000/- towards loss of estate,
Rs.18,000/- towards funeral expenses, Rs.1,92,000/- (48,000x4)
towards consortium, which, in the facts and circumstances of the
case, is just and proper & calls for no interference.
8. Thus, in light of the aforesaid discussion and in light of the
judgments of the Supreme Court rendered in the matters of

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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. 9540x12 =
Rs.9,960x12 =
Rs.1,14,480/-
Rs.1,19,520/-
2. Future
prospect
(+)40% (i.e.
Rs.45,792) =
Rs.1,60,272/-
(+)40% (i.e. Rs.
Rs.47,808/-) =
Rs.1,67,328/-
3. Deduction (-) 1/4 (i.e.
Rs.40,068/-) =
(-) 1/4 (i.e.
Rs.41,832/-) =
Rs.1,20,204/-
Rs.1,25,496/-
4. Multiplier (x) 18 = Rs
21,63,672/-
(x) 18 =
Rs.22,58,928/-
5 Towards
Loss of
consortium
to all 03
claimants
(Rs.48,000 x 4)
Rs. 48,000 x 4 =
Rs.1,92,000/-
Rs.1,92,000/-
6. Towards
Loss of
Estate
Rs.18,000/- Rs.18,000/-
7. Towards
funeral
expenses
Rs.18,000/- Rs.18,000/-
Total Rs.23,91,672/- Rs.24,86,928/-
9. In view of the aforesaid analysis, the amount of compensation of
Rs.23,91,672/- awarded by the Claims Tribunal is enhanced to
Rs.24,86,928/-. Hence, after deducting the amount of
Rs.23,91,672/-, 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.95,256/- . 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.
10. In the result, The appeal is partly allowed and the impugned
award is modified to the extent as indicated herein-above.
11. 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
pekde
Digitally signed
by VIJAY
BHARATRAO
PEKDE
Date: 2026.10.30
10:56:04 +0530