Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 22.09.2026

Case Overview

  • Appellants: Hemin Vatti (W/o Late Mahaveer Vatti, ~40 years, residing at Village‑Mudpar, Kanker District, C.G.) and her minor children Mohit Kumar Vatti (13 years) and Sahil Kumar Vatti (11 years), both natural guardianship through their mother.
  • Respondents:

1. Likeshwar Vishwakarma (S/o Shri Rohit Ram Vishwakarma, ~25 years, resident of Village‑Salhe Outpost, Bhanupratappur, Kanker District, C.G.), driver of Truck No. C.G. 19 B H 0719.

2. Smt. Ramila Rasiya (W/o Bhuwan Rasiya, resident Ward No.8, Semarpara, Antagarh, Kanker District, C.G.), owner of Truck No. C.G. 19 B H 0719.

3. MAGMA HDI General Insurance Company Ltd, through Officer‑In‑Charge, located at 5th Floor, Office No. 501‑509‑512, D.B. City Corporate Park, Raipur, insurer of Truck No. C.G. 19 B H 0719.

  • Nature of Proceeding: Appeal against the compensation award dated 09.07.2026 rendered by the 3rd Additional Motor Accident Claims Tribunal, Raipur (Motor Accident Claim Case No. 38/2024). The claimants sought enhancement of the total compensation of Rs 93,80,035/‑.
  • Tribunal’s Compensation Calculation:
  • Monthly income of the deceased determined at Rs 70,364/‑ based on salary slip.
  • Added 30 % for future prospects.
  • Deducted income tax of Rs 24,089/‑ for FY 2024‑25 (found just and proper).
  • Deducted one‑third of income for personal and living expenses of the deceased.
  • Deceased was 46 years old; multiplier of 13 applied.
  • Conventional head award of Rs 1,80,000/‑ also awarded.
  • Detailed breakdown:
  • Loss of companionship: Rs 1,44,000/‑
  • Loss of estate: Rs 18,000/‑
  • Funeral expenses: Rs 18,000/‑
  • After applying multiplier of 13: Rs 92,00,035/‑
  • After deduction of income tax: Rs 7,07,695/‑ (derived from Rs 60,982 × 12 months annual income, etc.)
  • Final total compensation: Rs 93,80,035/‑.
  • Counsel: For appellants, Mr. Satyendra Srivas, Advocate. No counsel noticed for respondents.

Final Outcome

  • The Court, after reviewing the Tribunal’s assessment, held that the award was just, reasonable, and in accordance with settled legal principles. No infirmity or illegality was identified.
  • Consequently, the appeal seeking enhancement of the compensation was dismissed at the admission stage, leaving the award of Rs 93,80,035/‑ intact.

Topics: Motor Accident Compensation, Court Decision