Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 04.08.2026

Case Overview

  • Appellants: Raghubeer Singh Sahu, Thameshwar Sahu, Akant Sahu, Rudreshwar Prasad Kaliyari (family members of the deceased Shivram Sahu).
  • Respondents: Tarandeep Singh (driver/owner of offending car CG‑04/HB‑4301), Ashok Kumar Sahu (owner of offending car CG‑04/HB‑4301), and Chola Mandalam M.S. General Insurance Company Limited (insurer of the offending car).
  • The dispute concerns compensation for the death of Shivram Sahu (aged about 80) in a road accident on 04‑04‑2012. The Motor Accident Claims Tribunal, Durg awarded Rs 70,000. The appellants appealed under Section 173 of the Motor Vehicles Act, 1988, alleging the Tribunal failed to assess the deceased’s income and other conventional heads.

Court Findings

  • The Tribunal omitted assessment of the deceased’s income. The Court applied the Chhattisgarh Minimum Wages Notification, fixing monthly income at Rs 4,498.
  • Using Supreme Court precedents (National Insurance Co. Ltd. v. Pranay Sethi, Sarla Verma v. Delhi Transport Corp., Magma General Insurance Co. Ltd. v. Nanu Ram), the Court computed:
  • Income future: Rs 4,498 × 12 = Rs 53,976.
  • Conventional heads: Rs 1,90,000.
  • Multiplier component: Rs 40,482.
  • Deduction: ¼ of Rs 53,976 = Rs 13,494.
  • Total compensation awarded by the Court: Rs 2,30,482.
  • The Court ordered that the additional amount over the original award be Rs 1,60,482, with interest at 6 % per annum from the date of filing of the claim before the Tribunal until realization.

Final Outcome

  • The appeal is partly allowed; the original award of Rs 70,000 is enhanced to Rs 2,30,482.
  • Claimants are entitled to the additional Rs 1,60,482 plus interest.
  • All other conditions of the original award, including the order of pay and recover, remain unchanged.
  • The Registry is directed to communicate the enhanced amount to the claimants in Hindi, with assistance from paralegal workers coordinated by the local Legal Aid Secretary.

Topics: Compensation, Motor Accident Litigation