Authority: High Court of Chhattisgarh, Bilaspur
Order Date: 05.10.2026
Case Overview
- Parties: Appellants – Smt. Fuleshwari (widow) and her children Geeta Kumari, Manjeet, Ranjeet Kumar, and father Harihar Singh; Respondents – Bhimdas, Ramayan Singh Rathore, and United India Insurance Company Ltd.
- Proceedings: Appeal under Section 173 of the Motor Vehicles Act, 1988 against the award of the 2nd Additional Motor Accident Claims Tribunal, Katghora (award dated 24.06.2022, Case No. 34/2021) concerning the death of Ramkhilawan in a motor accident on 27.12.2020.
- Claims: Claimants sought enhancement of the total compensation of ₹13,03,530, arguing the Tribunal undervalued the deceased’s monthly income and omitted loss‑of‑consortium for two claimants.
- Counsel: For appellants – Ms. Upasana Mehta; for respondent No. 3 – Mr. Raj Awasthi.
- Findings: No documentary proof of the deceased’s claimed ₹15,000 monthly earnings; minimum wage for an unskilled labourer at the time was ₹8,960, which the Court adopted as the correct monthly income.
- Dependants: Five claimants – wife, three children, and father.
Final Outcome
- Re‑computed compensation components:
1. Income: ₹8,960 × 12 = ₹1,07,520
2. Future prospects (+40%): ₹43,008
3. Deduction for personal expenses (‑¼): ₹37,632
4. Multiplier (×15): ₹16,93,440
5. Funeral expenses: ₹16,500
6. Loss of estate: ₹16,500
7. Loss of consortium: ₹44,000 × 5 = ₹2,20,000
- Total award by Court: ₹19,46,440 (up from ₹13,03,530).
- Additional amount payable: ₹6,42,910 (₹19,46,440 − ₹13,03,530).
- Interest: The additional sum shall accrue interest at 6% per annum from the date of filing of the claim petition before the Tribunal until actual realization.
- Directions: The Registry must inform the claimants, in Hindi (Devanagari), of the enhanced amount; para‑legal volunteers may assist in coordination with the District Legal Services Authority.
- Result: Appeal is partly allowed; the impugned award is modified as detailed above; all other terms of the original award remain unchanged.
Topics: Motor Accident Compensation, Insurance Law