Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 10 September 2026

Case Overview

  • Parties: Claimants – Smt. Sundari Bai Kaiwart (widow), Gauri Shankar Kaiwart (son), Chalbair Kaiwart (daughter) of the late Pyarelal Kaiwart; Respondents – Sagar Narang (driver/owner of scooter No. CG‑22‑P‑5083) and Tata A.I.G. General Insurance Company Ltd.
  • Appeal filed under Section 173 of the Motor Vehicles Act, 1988 seeking enhancement of compensation awarded by the 1st Additional Motor Accident Claims Tribunal, Raipur (Claim Case No.149/2021) dated 29‑09‑2023.
  • Original award: Rs 14,16,138 for death of Pyarelal Kaiwart (aged ~50) including Rs 44,000 for loss of consortium (awarded to one claimant only).
  • Claimants argued that loss‑of‑consortium should be Rs 1,32,000 (Rs 44,000 × 3 claimants). Insurer contended the original award was proper.
  • The appeal was initially barred by a 99‑day limitation but the Court condoned the delay under Section 5 of the Limitation Act.

Court’s Reasoning and Computation

  • The Court accepted that loss‑of‑consortium should be Rs 1,32,000 and recomputed the compensation using Supreme Court precedents (National Insurance Co. v. Pranay Sethi, Sarla Verma v. Delhi Transport Corp., Magma General Insurance v. Nanu Ram).
  • Re‑calculation table (simplified):
  • Income deduction: Rs 1,08,000 less 1/3 = Rs 72,000 (both Tribunal and Court).
  • Multiplier 13 → Rs 9,36,000.
  • Future prospect (+10%) → Rs 93,600, total Rs 10,29,600.
  • Other conventional heads: Tribunal Rs 74,000; Court Rs 1,62,000 (reflecting increased loss‑of‑consortium).
  • Medical expenses: Rs 3,12,538 (unchanged).
  • Total: Tribunal Rs 14,16,138; Court Rs 15,04,138.
  • The difference of Rs 88,000 is awarded with interest at 6 % per annum from the date of filing the claim before the Tribunal until realization.

Final Outcome

  • Appeal is partly allowed; the impugned award is modified to Rs 15,04,138.
  • Claimants entitled to additional Rs 88,000 plus interest at 6 % per annum.
  • All other conditions of the original award remain unchanged.
  • Registry directed to communicate the enhanced amount to claimants in Hindi (Devanagari) with assistance of paralegal workers coordinated by the Secretary, Legal Aid of the relevant area.

Topics: Motor Accident Compensation, Insurance Law