Authority: High Court of Chhattisgarh at Bilaspur
Order Date: 06.10.2026
Case Overview
- Appellants: Smt. Anju Kurre (natural guardian) on behalf of minor children Anshika Kurre (3 yrs) and Rudrans (1 yr), and relatives Jagadish Kurre and Kaushilya Kurre.
- Respondents: Melvin Martin (driver of Mahindra Thar vehicle No. RJ 17‑C B‑4839), Alukutti J Kerkil Josaf (owner of the vehicle), and the Branch Manager of S.B.I. General Insurance Company Limited (insurer of the vehicle).
- The claim arises from the death of Jaleshwar Kurre in a motor vehicle accident on 25.01.2022.
- The 1st Additional Motor Accident Claims Tribunal, Bilaspur awarded total compensation of Rs.22,17,776, of which Rs.2,30,000 was under conventional heads (loss of estate Rs.15,000, funeral expenses Rs.15,000, loss of consortium Rs.40,000 each to five claimants).
- Appellants argued the conventional head amounts were low and sought enhancement; the insurer defended the award as fair.
Final Outcome
- The Court applied a 10% enhancement on conventional head amounts as per National Insurance Company Ltd. v. Pranay Sethi (2017) 16 SCC 680, recalculating: loss of estate Rs.16,500, funeral expenses Rs.16,500, loss of consortium Rs.44,000 per claimant (total Rs.2,53,000).
- Since the Tribunal had awarded Rs.2,30,000, the appellants are entitled to an additional Rs.23,000 (Rs.2,53,000 – Rs.2,30,000).
- The additional amount shall attract interest at 6% per annum from the date of filing of the claim petition until actual realization.
- All other terms of the Tribunal’s award remain unchanged.
- The appeal is partly allowed and the award is modified accordingly.
- The Registry is directed to communicate the enhanced/additional 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 Claims