Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 28 October 2026

Case Overview

  • Parties: Appellant/Claimant Smt. Parvati Das Vaishnav (wife of the deceased) vs. Respondents Kalvinder Singh (driver), Sukhdev Singh (owner), and The Oriental Insurance Company Ltd (insurer).
  • Nature of Proceeding: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 seeking enhancement of compensation awarded by the Claims Tribunal in Claim Case No.232/2023 for the death of Late Sandeep Kumar Das (aged 25) in a road accident on 30 April 2023.
  • Original Award: dated 29 January 2025, total Rs 14,30,800, based on monthly income Rs 9,000 and conventional head Rs 70,000.
  • Claimant’s Argument: Monthly income should be Rs 9,960 per month as per Chhattisgarh Minimum Wages Notification for unskilled labour; conventional head should be Rs 84,000.
  • Insurer’s Position: Supported the impugned award.
  • Court’s Consideration: Reviewed records, applied Supreme Court precedents (National Insurance Co. Ltd. v. Pranay Sethi, Sarla Verma & Ors. v. Delhi Transport Corp., Magma General Insurance Co. Ltd. v. Nanu Ram), and recomputed compensation.

Final Outcome

  • Recomputed Compensation:

| Head | Tribunal Award | Court Award |

| Income | Rs 9,000 × 12 = Rs 1,08,000 | Rs 9,960 × 12 = Rs 1,19,520 |

| Future Prospect (+40%) | Rs 43,200 (total Rs 1,51,200) | Rs 47,808 (total Rs 1,67,328) |

| Deduction (½) | Rs 75,600 | Rs 83,664 |

| Multiplier (×18) | Rs 13,60,800 | Rs 15,05,952 |

  • Conventional Head: increased from Rs 70,000 to Rs 84,000.
  • Total Revised Award: Rs 15,89,952, an increase of Rs 1,59,152 over the original award.
  • Interest: Additional amount to bear interest at 6% per annum from the date of filing of the claim before the Claims Tribunal until realization.
  • Disposition: Appeal partly allowed; impugned award modified as above.
  • Directions: Registry to communicate the enhanced amount in Hindi (Devanagari) to the claimant, with assistance from paralegal workers coordinated by the Secretary, Legal Aid of the relevant area.

Topics: Compensation, Motor Accident