Authority: High Court of Chhattisgarh, Bilaspur

Order Date: 05.10.2026

Case Overview

  • Parties: Claimants – Kalindri Bai Nirmalkar (wife), Suman Nirmalkar (daughter), Sandeep Nirmalkar (son) of the late Pawan Kumar Nirmalkar; Respondents – Raju Chandravanshi (driver of Tata Ace Pickup CG 04 MJ 0498), Rajesh Kumar Chandravanshi (owner of the vehicle), Magma (HDI) General Insurance Corporation Limited (insurer).
  • Nature of Proceeding: Appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the award of the 2nd Additional Motor Accident Claims Tribunal, Raipur dated 29.04.2023 (Case No. 518/2021).
  • Accident Details: Motor vehicle accident occurred on 13.11.2020 involving Tata Ace Pickup CG 04 MJ 0498, resulting in death of Pawan Kumar Nirmalkar, aged about 52 years.
  • Claims: Tribunal awarded total compensation of ₹11,18,000 to the three claimants.
  • Contentions: Claimants argued that the Tribunal undervalued the deceased’s monthly income (₹10,000) and conventional heads; insurer argued the award was proper.
  • Evidence: Witness Umashankar Dhidhi, Data Entry Operator at Speedo Cargo Company, produced salary certificates (Ex.P‑22 to Ex.P‑29) showing the deceased earned a basic salary of ₹13,000 per month plus distance‑based incentives and allowances.

Court Findings & Re‑Computation

  • The Court accepted the evidence and reassessed the monthly income at ₹13,000, deeming the Tribunal’s ₹10,000 assessment too low.
  • The Court applied a 10% enhancement on the conventional heads, following Supreme Court judgments (National Insurance Co. Ltd. v. Pranay Sethi, Sarla Verma & Ors. v. Delhi Transport Corp., Magma General Insurance Co. Ltd. v. Nanu Ram).
  • Re‑computed compensation:

| Head | Tribunal Award | Court Award |

| Income | 10,000 × 12 = ₹1,20,000 | 13,000 × 12 = ₹1,56,000 |

| Future prospects (+10%) | ₹1,32,000 | ₹1,71,600 |

| Deduction towards personal expenses (‑1/3) | ₹88,000 | ₹1,14,400 |

| Loss of Estate (×11) | ₹15,000 × 11 = ₹1,65,000 | ₹15,000 × 11 = ₹1,65,000 |

| Loss of Consortium | ₹1,20,000 (40,000 × 3) | – |

| Total | ₹11,18,000 | ₹14,23,400 |

  • The Court held that the multiplier and other components used by the Tribunal were appropriate and required no alteration.
  • Consequently, the award is enhanced by ₹3,05,400 (₹14,23,400 – ₹11,18,000).
  • The additional amount shall attract interest at 6% per annum from the date of filing of the claim petition before the Tribunal until actual realization.

Final Outcome

  • The appeal is partly allowed; the impugned award is modified to ₹14,23,400.
  • Claimants are entitled to the additional ₹3,05,400 with interest as specified.
  • The Registry is directed to communicate the enhanced amount to the claimants in Hindi (Devanagari), with assistance from para‑legal volunteers coordinated with the District Legal Services Authority.

Topics: Compensation, Motor Accident