Authority: High Court of Chhattisgarh, Bilaspur
Order Date: 13 October 2026
Case Overview
- Appellant/Claimant: Fatteram Yadav, son of the deceased Late Sukho Bai Yadav (aged 90).
- Respondents: (1) Daneshwar Potai (driver of Bolero car No. C.G‑19‑C‑0854), (2) Birendra Kumar Markam (owner of the same vehicle), (3) United India Insurance Co. Ltd. (through its Jagdalpur branch).
- The death occurred in a road accident on 04‑09‑2020; the original award dated 02‑03‑2024 by the Claims Tribunal granted Rs 73,000 compensation (Rs 16,500 loss of estate, Rs 16,500 funeral expenses, Rs 40,000 parental consortium).
- The appellant argued that the Tribunal undervalued the deceased’s notional income and sought a higher award; the insurer contended the deceased’s advanced age precluded any multiplier or future prospects.
- The Court examined the Tribunal’s assessment, noting the deceased’s age, lack of documentary income proof, and that a 1/3 deduction for personal expenses was correctly applied, resulting in zero loss of dependency but entitlement to conventional heads.
Final Outcome
- The Court partially allowed the appeal and enhanced the total compensation from Rs 73,000 to Rs 1,25,000.
- An additional amount of Rs 52,000 is payable to the claimant, accruing interest at 6 % per annum from 16‑08‑2024 until realization.
- All other terms of the original award remain unchanged.
- The Registry is directed to communicate the enhanced amount to the claimant in Hindi (Devanagari) with assistance from paralegal workers coordinated by the local Legal Aid Secretary.
Topics: Compensation, Motor Vehicles Accident