Laxmibai Sahu Vs Goutam Kumar Shrivas

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Digitally signed by RAMESH KUMAR VATTI Date: 2026.02.07 11:38:43 +0530

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2026:CGHC:6530

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1592 of 2024

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1 - Laxmibai Sahu Wd/o Late Tikaram Sahu, Aged About 32 Years R/o Ward No.51, Bajarpara, Takhatpur, Tahsil And District Bilaspur (C.G.) -----(Claimant) 2 - Shivam Sahu S/o Late Tikaram Sahu, Aged About 12 Years Minor Through Legal Guardian Mother Laxmibai Sahu W/o Late Tikaram Sahu, Aged About 32 Years, R/o Ward No.51, Bajarpara, Takhatpur, Tahsil And District Bilaspur (C.G.) -----(Claimant)

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3 - Priyanka Sahu D/o Late Tikaram Sahu, Aged About 9 Years Minor Through Legal Guardian Mother Laxmibai Sahu W/o Late Tikaram Sahu, Aged About 32 Years, R/o Ward No.51, Bajarpara, Takhatpur, Tahsil And District Bilaspur (C.G.) -----(Claimant)

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4 - Umashankar Sahu S/o Devnath Sahu, Aged About 62 Years R/o Ward No.51, Bajarpara, Takhatpur, Tahsil And District Bilaspur (C.G.) -----(Claimant)

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... Appellants

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Versus

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1 - Goutam Kumar Shrivas S/o Manharan Shrivas, R/o Anand Nagar Bhairotal, Gevra Basti, Police Station- Kusmunda, District Korba (C.G.) ----(Non-Applicant No.1)

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2 - Suresh Kumar Ratre S/o Jantaram Ratre, R/o Village Chherkadih, Post Balodi, Tahsil Palari, District Baloda Bazar-Bhathapara (C.G.) -----(NonApplicant No.2)

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3 - The New India Insurance Company Limited, Through Divisional Manager, Divisional Office, Rama Trade Center, In Front Of Rajiv Plaza, Near Old Bus Stand, Bilaspur, Tahsil And District Bilaspur (C.G.) ------(Non-Applicant No.3)

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... Respondents

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For Appellants/claimants : Mr. C.K. Sahu, Advocate

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For Respondent No. 3 / : Mrs. Swati Agrawal, Advocate Insurance Company

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Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board

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05/02/2026

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The appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act for enhancement of compensation assailing the judgment and award passed by the learned IV^th Additional Motor

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Accident Claims Tribunal, Bilaspur, District Bilaspur (C.G.) in Claim Case No. 1744/2021 dated 30.04.2024, whereby the learned Claims Tribunal has granted compensation to the tune of Rs.23,01,330/- with interest @ 9% per annum on account of death of Tikaram Sahu.

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The claimants who are widow, father and minor children of the deceased filed claim case under Section 166 of the Motor Vehicles Act, wherein they pleaded that on 07.09.2021 while Tikaram Sahu was going Baloda-Bazar on his motorcycle, the rider of the offending motorcycle bearing registration No. CG-04 / KU-9019 by driving it rashly and negligently, dashed the motorcycle of Tikaram Sahu, resultantly, he sustained injuries and succumbed to death. They pleaded that at the time of accident, the deceased was aged about 35 years and earning Rs.20,000/- per month. They pleaded that the deceased was a driver under Ritik Transport.

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The learned Claims Tribunal framed issues, parties led evidence and thereafter award was passed.

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Mr. C.K. Sahu, learned counsel appearing for the appellants/claimants would submit that the learned Claims Tribunal assessed the monthly income of the deceased at lower side and failed to grant compensation on conventional heads. He would pray to enhance the compensation accordingly.

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On the other hand, Mrs. Swati Agrawal, learned counsel appearing for respondent No. 3/Insurance Company would oppose. She would submit that the learned Claims Tribunal treated the deceased skilled labour and assessed his income according to minimum wages matrix applicable in the State of Chhattisgarh at the relevant time i.e. from 01.10.2021 to 31.03.2022 at Rs.10,970/-. She would further submit that

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the minimum wages admissible in the month of September, 2021 was Rs.10,890/- and the learned Claims Tribunal has assessed the income accordingly. She would contend that on conventional heads, the learned Claims Tribunal has granted proper compensation.

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I have heard learned counsel for the parties and perused the records of the learned Claims Tribunal with utmost circumspection.

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Perusal of the record would show that the learned Claims Tribunal treated the deceased skilled labour and assessed his income according to minimum wages matrix Rs.10,970/-, whereas at the time of accident, the minimum wage admissible to a skilled labour was Rs.10,890/-, thus the learned Claims Tribunal has taken appropriate figure i.e. Rs.10,970 while computing the income. Further the learned Claims Tribunal has applied multiplier of 15 looking to the age of the deceased and deducted 1/4th towards personal and living expenses. Taking into consideration the number of dependents, the learned Claims Tribunal has granted compensation for future prospects 40% and further granted compensation for loss of consortium, loss of estate and funeral expenses. It appears that the learned Claims Tribunal has awarded just and proper compensation to the claimants and there is no scope for interference in the judgment and award dated 30.04.2024 passed by the learned Claims Tribunal.

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Accordingly, the appeal fails and is hereby dismissed .

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Sd/- (Rakesh Mohan Pandey) Judge

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vatti

Laxmibai Sahu v. Goutam Kumar Shrivas

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Laxmibai Sahu v. Goutam Kumar Shrivas

Case brief

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