Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 26.09.2026

Case Overview

  • Parties: Appellants – Smt. Sevati Yadav (mother), minors Vikas and Moon (children of the deceased), Nanhu Ram and Smt. Shanta Yadav (father and mother‑in‑law of the deceased). Respondents – Dev Prasad Panika (driver), Anurag Vishnudut Tiwari (vehicle owner), Branch Manager of H.D.F.C. Ergo General Insurance Company Limited (insurer). Counsel for appellants – Mr. Nishant Swarnkar.
  • Nature of proceedings: Appeal against the award dated 1306.2024 passed by the 2nd Additional Motor Accident Claims Tribunal, Korba, in Motor Accident Claim Case No. 127/2021.
  • Accident details: On 08.04.2021, an SUV bearing registration No. GJ‑14‑AA‑5451, owned by Anurag Vishnudut Tiwari and insured by HDFC Ergo, was driven rashly by Dev Prasad Panika, resulting in grievous injuries to the deceased, Ramesh Kumar Yadav (46 years), who later succumbed.
  • Compensation awarded: The Tribunal awarded a total sum of Rs 20,31,000/- as compensation for the death of Ramesh Kumar Yadav.
  • Income assessment: The deceased was a contract worker earning Rs 12,000 per month, as per pay slip Ex.P‑8 and entry pass Ex.P‑9 issued by Raju Engineering.
  • Dependents: Five claimants were identified – Sevati Yadav, minors Vikas and Moon, Nanhu Ram, and Shanta Yadav. Evidence showed Nanhu Ram (father‑in‑law) was a BALCO employee receiving a pension and not financially dependent on the deceased.
  • Deduction dispute: The Tribunal deducted 1/4th of the compensation for personal and living expenses, treating four of the five claimants as dependents. The appellants argued the deduction should be 1/5th, contending all five were dependents.
  • Legal precedents cited: The Court referred to Sarla Verma v. Delhi Transport Corporation (2009) and National Insurance Co. Ltd. v. Pranay Sethi (2017), which prescribe a 1/4th deduction when dependents are between 4 and 6, and a 1/5th deduction only when dependents exceed six.
  • Condonation of delay: The Court considered I.A. No. 01/2025 and condoned a 127‑day delay in filing the appeal.

Final Outcome

  • The Court held that with five dependents, the 1/4th deduction applied by the Tribunal is correct. No illegality or material infirmity was found in the award.
  • The appeal is dismissed at the admission stage; the compensation remains Rs 20,31,000/‑.
  • The 127‑day delay in filing the appeal is condoned.

Topics: Motor Accident Compensation, Court Decision