Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 23.09.2026

Case Overview

  • The appeal (MAC No. 578 of 2024) was filed under Section 173 of the Motor Vehicles Act, 1988 by the widowed mother Lisha Kanwar and minor children Vedika and Parth Paikra, seeking enhancement of the compensation awarded for the death of Late Rakesh Kumar Paikra in a road accident on 27 May 2022.
  • The original award dated 20 Feb 2024 (Claim Case No. 109/2022) by the Claims Tribunal amounted to Rs 85,04,709.
  • Respondents were driver Premchand Yadav (vehicle registration UP‑83‑AT‑9286), owner Amit Kumar Goutam (same vehicle), and National Insurance Company Limited (insurer of the vehicle).
  • Counsel for appellants: Mr. S.P. Sahu; counsel for insurer: Mr. B.N. Nande and Mr. Abhishek Mishra.
  • Grounds of appeal: (i) incorrect multiplier (13 instead of 15) applied to calculate loss of dependency; (ii) inadequate lump‑sum under conventional heads (Rs 70,000) which should be raised.

Reasoning & Calculations

  • Age of deceased determined from Income‑Tax Return (Exhibit A‑17): born 05 Jan 1982, died 28 May 2022 – age 40 years 4 months 26 days, falling in the 36‑40 year bracket; per Sarla Verma & Others v. Delhi Transport Corporation the correct multiplier is 15.
  • Monthly income accepted as Rs 84,072 (Exhibit A‑28), giving annual income Rs 10,08,864.
  • Future prospects added at 30%: Rs 3,02,659, resulting in gross annual income Rs 13,11,523.
  • Income‑tax deduction for FY 2022‑23 computed as Rs 2,14,195 (Education Cess 4% and slab rates 20%/30%).
  • Net annual income after tax: Rs 10,97,328.
  • Deduction for personal & living expenses (¼ of net): Rs 2,74,332, leaving Rs 8,22,996.
  • Applying the correct multiplier (15): Rs 1,23,44,940.
  • Conventional heads (Loss of Estate, Funeral Expenses, Loss of Consortium) enhanced to Rs 2,53,000 (comprising Rs 16,500 + Rs 16,500 + Rs 44,000 × 5 dependents).
  • Total compensation computed by the Court: Rs 1,25,97,940.
  • Additional amount over the Tribunal award: Rs 40,93,231, payable with interest at 6% per annum from the date of filing of the claim petition before the Tribunal until realization.

Final Outcome

  • The appeal is partly allowed; the impugned award is modified to Rs 1,25,97,940.
  • Claimants are entitled to the additional Rs 40,93,231 with 6% interest; all other conditions of the original award remain intact.
  • The Registry is directed to communicate the enhanced amount to the claimants in Hindi (Devanagari) with assistance from paralegal workers coordinated by the Secretary, Legal Aid of the relevant area.

Topics: Motor Accident Compensation, Judicial Award Modification