Authority: High Court of Chhattisgarh at Bilaspur
Order Date: 27 October 2026
Case Overview
- Appellants: Biharilal Sahu and Smt. Silochana Bai (parents of the deceased Hemraj Sahu) filed an appeal under Section 173 of the Motor Vehicles Act, 1988 seeking enhancement of compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (Award dated 01‑03‑2025, amount Rs 10,95,800).
- Respondents: Rudrapratap Nishad (driver), M/s Joysol Furniture Proprietor Mukesh Jain (vehicle owner), and United India Insurance Company Limited (insurer).
- The Tribunal had assessed the deceased’s monthly income at Rs 7,800 and other conventional heads at Rs 1,13,000. The appellants argued these figures were understated.
- Respondents contended that the insurer was liable for the compensation and that the Tribunal’s award was correct.
Court’s Reasoning and Computation
- The Court noted that the monthly income should be Rs 10,380 as per the Chhattisgarh Minimum Wages Notification, not Rs 7,800.
- Other conventional heads should be Rs 1,32,000 instead of Rs 1,13,000.
- Using Supreme Court precedents (National Insurance Co. Ltd. v. Pranay Sethi, Sarla Verma v. Delhi Transport Corp., Magma General Ins. Co. Ltd. v. Nanu Ram), the Court computed:
| Head | Tribunal Award | Court Award |
| Income (monthly) | Rs 7,800 | Rs 10,380 × 12 = Rs 1,24,560 |
| Future prospect (+40%) | Rs 10,920 | Rs 49,824 |
| Deduction (½) | –Rs 5,460 | –Rs 87,192 |
| Multiplier (×15) | Rs 9,82,800 | Rs 13,07,880 |
| Other conventional heads | Rs 1,13,000 | Rs 1,32,000 |
| Total | Rs 10,95,800 | Rs 14,39,880 |
- The Court enhanced the total compensation to Rs 14,39,880, an increase of Rs 3,44,080 over the Tribunal award.
Final Outcome
- The appeal is partly allowed; the award is modified to Rs 14,39,880.
- The appellants are entitled to the additional Rs 3,44,080 with interest at 6 % per annum from the date of filing of the claim before the Tribunal until realization.
- All other conditions of the original award remain unchanged.
- The Registry is directed to communicate the enhanced amount to the claimants in Hindi Devanagari, with assistance from paralegal workers coordinated by the Secretary, Legal Aid of the relevant area.
Topics: Compensation; Motor Accident Law