Smt. Kavita Agrawal Vs Jamil Khan

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Digitally signed by AJINKYA PANSARE Date: 2026.02.12 18:00:16 +0530

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2026:CGHC:7833

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 1184 of 2022

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Smt. Kavita Agrawal W/o Late Suresh Agrawal, Aged About 50 Years R/o Near Santoshi Mandir, Main Road, Saraipali, District Mahasamund (Chhattisgarh)

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Ku. Suman Agrawal, D/o Late Suresh Agrawal Aged About 26 Years R/o Near Santoshi Mandir, Main Road, Saraipali, District Mahasamund (Chhattisgarh)

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Mohit Agrawal S/o Late Suresh Agrawal Aged About 22 Years R/o Near Santoshi Mandir, Main Road, Saraipali, District Mahasamund (Chhattisgarh)

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... Appellant(s)

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versus

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Jamil Khan S/o Shri Jalil Khan, Aged About 42 Years R/o Village Bawankera, Thana Patewa, District Mahasamund (Chhattisgarh)..............Driver

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Prahlad Agrawal S/o Rajkumar Agrawal, R/o Ward No. 12, Udiyapara Saraypali District Mahasamund (Chhattisgarh).......Owner (Truck No. C.G. 13 La 1445)

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The New India Insurance Co. Ltd., Address- Mandal Office- 3, R.D.A. Building, Bajrang Market, Raipur, Tehsil And District Raipur (Chhattisgarh) (Truck No. C.G. 13 La 1445)

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... Respondent(s)

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For Appellants : Ms. Shruti Shrivastava, Adv. on behalf of Mr. Sanjay Agrawal, Adv.

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For Respondent No. 3 : Mr. H.B. Agrawal Senior Advocate assisted by Mr. Vikram Pratap, Adv.

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Hon’ble Shri Justice Rakesh Mohan Pandey

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Judgment On Board

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2

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12.2.2026

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1) This appeal has been preferred by the appellants/ claimants under Section 173 of Motor Vehicle Act, 1988 assailing the award passed by learned Additional Motor Accident Claims Tribunal, Raipur in Claim Case No. 554/2021 dated 20.7.2022 whereby learned Tribunal has passed an award to the tune of Rs. 9,54,360/- with interest @ 9% on account of death of Suresh Agrawal.

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2) Facts of the present case are that on 11.10.2020, Suresh Agrawal was returning to his home on motorcycle. At about 3:35 pm when he reached near Chandan Garage, offending vehicle – Truck bearing registration No. CG-13-LA-1445 being driven in rash and negligent manner, dashed the motorcycle. In the accident, Suresh Agrawal sustained grievous injuries and died on the spot. Claimants, who are the widow and children of deceased moved claim application claiming therein compensation to the tune of Rs. 49,50,000/-. They pleaded that the deceased was aged 50 years and was earning Rs. 18,500/- per month working in Bansal Auto Showroom, Saraipali. Insurance Company filed reply and took a plea that driver of offending vehicle did not possess valid and effective driving license on the date of accident. Learned Tribunal framed issues ; parties led evidence and thereafter award impugned was passed.

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3) Learned counsel for the appellants submits that learned Tribunal

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3

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has assessed the notional income of the deceased to be Rs. 7,800/- per month which is not in consonance with the minimum wage matrix applicable in the State of Chhattisgarh at the relevant time. Although, she fairly submits that learned Tribunal has awarded just and proper compensation under conventional heads. She prays to modify the award accordingly.

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4) On the other hand, learned Senior counsel appearing for the Insurance Company would oppose. He submits that learned Tribunal has awarded just and proper compensation and this appeal deserves to be dismissed.

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5) Heard learned counsel for the parties and perused the record with utmost circumspection.

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6) Admittedly, claimants have not placed on record any document to demonstrate the monthly income of the deceased, therefore learned Tribunal assessed his monthly income to be Rs. 7,800/-. The minimum wage payable to an unskilled laborer in October, 2020 was Rs. 8,960/- per month and learned Tribunal ought to have considered that figure. However, under other conventional heads learned Tribunal has awarded just and proper compensation and same do not warrant any interference.

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7) Thus, in light of the aforesaid discussion, this Court is recomputing the compensation as below:

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Sr. Heads	Compensation	Compensation awarded

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4

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No.		awarded by Tribunal	by this Court
1.	Annual Income	Rs. 93,000/- (@Rs. 7,800 pm)	Rs. 1,07,520/- (@Rs. 8,960 pm)
2.	Annual income after Deduction towards personal expenses	Rs. 62,400/- (@1/3)	Rs. 71,680/- (@1/3)
3.	Annual Income after applying Multiplier	Rs. 6,86,400/- (@11)	Rs. 7,88,480/- (@11)
4.	Annual Income after adding Future Prospect	Rs. 7,89,360/- (@15%)	Rs. 9,06,752/- (@15%)
5.	Loss of Estate	Rs. 16,500/-	Rs. 16,500/-
6.	Funeral expenses	Rs. 16,500/-	Rs. 16,500/-
7.	Loss of Consortium	Rs. 1,32,000/-	Rs. 1,32,000/-
	TOTAL	Rs. 9,54,360/-	Rs. 10,71,752/-

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8) Accordingly, the amount of compensation of Rs. 9,54,360/- awarded by the Claims Tribunal is enhanced to Rs. 10,71,752/- . Hence, the appellants are entitled for an additional amount of Rs. 1,17,392/- . The Insurance Company is directed to make payment of additional compensation assessed herein-above within period of 60 days. Rest of the terms of the award shall remain intact.

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9) Accordingly, the appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above.

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Sd/-

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(Rakesh Mohan Pandey) JUDGE

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A j i n k y a

Smt. Kavita Agrawal v. Jamil Khan

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Smt. Kavita Agrawal v. Jamil Khan

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