Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 06 October 2026

Case Overview

  • Parties: Appellants – Revati Bai (widow) and sons Shubham Karsh and Dinesh Karsh, claimants for death of Mahendra Karsh; Respondents – Bhuneshwar Patel (driver), Krishna Kumar Patel (owner) of the offending harvester and tractor, and The New India Insurance Company Limited (insurer).
  • The appeal under Section 173 of the Motor Vehicles Act, 1988 challenges the award dated 17 July 2023 in Claim Case No. 04/2023, where the Claims Tribunal awarded Rs 10,85,000 as compensation for the road accident on 16 November 2022.
  • Claimants argued that the Tribunal incorrectly assessed the deceased’s monthly income at Rs 6,000 and applied a 40 % addition for future prospects; they sought assessment at Rs 9,960 per month (per Minimum Wages Notification) and a 25 % addition, plus a 10 % enhancement of conventional heads.
  • Respondents (drivers/owners) contended the Tribunal’s award was proper; the insurer argued the future‑prospects addition should be 25 % because the deceased was 40 years old.
  • The Court also considered an application for condonation of a 104‑day delay in filing the appeal, which was allowed.

Final Outcome

  • The Court partially allowed the appeal.
  • Monthly income of the deceased is fixed at Rs 9,960; future‑prospects addition reduced to 25 %; multiplier of 15 applied; conventional heads enhanced to Rs 1,65,000.
  • Total compensation revised from Rs 10,85,000 to Rs 16,59,000.
  • Claimants entitled to an additional Rs 5,74,000, payable with interest at 6 % per annum from the date of filing of the claim before the Tribunal until realization.
  • All other conditions of the impugned award remain intact.
  • The Registry directed to communicate the enhanced amount in Hindi Devanagari, with assistance of paralegal workers coordinated by the Secretary, Legal Aid of the relevant area.

Topics: Compensation, Motor Accident, Court Judgment