Authority: High Court of Chhattisgarh at Bilaspur (Hon'ble Justice Sachin Singh Rajput)

Order Date: 16 July 2026

Case Overview

  • Parties: United India Insurance Company Limited (insurer) appealed as appellant; Chandravati Devi Pahalwan, her minor children Savita (9) and Krishna (2), and elder mother Butali Devi (67) appealed as claimants. The driver, Charan Singh, and the owner, S. Narsinghrao, were respondents.
  • Accident: Occurred on 01‑12‑2019 when the truck bearing registration No. CG‑04‑JA‑8226, driven by Charan Singh and owned by S. Narsinghrao, struck the deceased Bhagwan Das Pahalwan’s motorcycle (CG‑04‑LJ‑4505) at Pepsi Square, Village Urla. The deceased died on the spot. Police FIR (Crime No. 559/2019) recorded offence under Section 304A IPC.
  • Claim: Claimants filed a claim under Section 166 MV Act seeking Rs 35,34,000 compensation, citing the deceased’s monthly earnings of Rs 16,000 as a JCB driver for Vandana Ispat Ltd., Raipur.
  • Tribunal Award: The 1st Additional Motor Accident Claims Tribunal, Raipur, on 06‑02‑2024 awarded Rs 31,74,000 compensation, holding the insurer, driver and owner jointly and severally liable.
  • Appeals: MAC No. 1194/24 filed by United India Insurance; MAC No. 2199/24 filed by the claimants, both challenging the award.
  • Evidence: Claimants produced three salary certificates (Ex.P/13‑15) showing varying monthly salaries (Rs 17,292, Rs 15,200, Rs 15,566 before ESIC deductions). The court noted the certificates were issued by Avinash Ispat Pvt. Ltd., not Vandana Ispat Ltd., but accepted them to assess skill level. The deceased’s driving licence (Ex.P/12C) permitted light motor vehicles and motorcycles.
  • Income Assessment: Tribunal fixed monthly income at Rs 15,000 after considering the evidence, inflation, and the deceased’s skill as a driver in Raipur.
  • Compensation Calculation: Age of deceased = 32 years. Multiplier applied = 16 (40% future prospects, ¼ deduction for personal expenses). Loss of dependency = Rs 30,24,000. Loss of estate = Rs 15,000. Funeral expenses = Rs 15,000. Loss of consortium = Rs 40,000. Additional Rs 40,000 each awarded to claimants No. 2, 3, 5 (minor children and mother). Interest at 7.5% was also awarded.

Final Outcome

  • The High Court affirmed the Tribunal’s findings, upheld the monthly income assessment of Rs 15,000, and confirmed the total compensation of Rs 31,74,000 with interest.
  • Both the insurer’s appeal and the claimants’ appeal were dismissed.

Topics: Motor Accident Compensation, Insurance Liability, Court Judgment