Smt. Pyari Bai Sahu Vs Animesh Chakravorti — Motor Accident Claims | Chhattisgarh HC (2026)

Smt. Pyari Bai Sahu Vs Animesh Chakravorti — Motor Accident Claims | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

Appeal partly allowed: compensation under loss of consortium, loss of estate and funeral expenses enhanced from Rs.70,000/- to Rs.1,21,000/- (Rs.81,000/- to appellants No.1 and 2 and Rs.40,000/- to the sister), yielding a net enhancement of Rs.51,000/- to be deposited by the insurance company within 60 days, failing which interest @ 6% from the date of filing of the appeal is payable; Tribunal to pass appropriate order on disbursement/apportionment upon deposit.

Issue for consideration

Whether the compensation of Rs.22,80,697/- awarded by the Claims Tribunal should be enhanced, given that the assessment of income, addition of future prospects, deduction for personal expenses and application of multiplier were correctly made, on account of inadequacy of the amounts awarded under other admissible heads (loss of consortium, loss of estate and funeral expenses).

Court's answer

The Claims Tribunal's assessment of income, addition of future prospects, reduction for personal expenses and application of multiplier were correctly made and are upheld.

Ratio / Principle

Compensation under the conventional heads of loss of consortium, loss of estate and funeral expenses is enhanced from Rs.70,000/- to a total of Rs.1,21,000/-, comprising Rs.81,000/- to appellants No.1 and 2 (the parents) and Rs.40,000/- to the sister of the deceased.

Key takeaways

Net enhancement of Rs.51,000/- (after deducting the Rs.70,000/- already awarded from Rs.1,21,000/-) is awarded, to be deposited by the insurance company within 60 days, failing which interest @ 6% from the date of filing of the appeal is payable by it; on deposit, the Tribunal shall pass appropriate orders for disbursement/apportionment.ratio¶27

Detailed headnote1 paragraphs

Motor Vehicles Act, 1988 — Sections 166 and 173 — Enhancement of compensation in a death claim. The High Court upheld the Claims Tribunal's computation of the deceased's income, addition of future prospects, deduction for personal expenses and application of multiplier, finding deficiency only in the conventional heads: loss of consortium, loss of estate and funeral expenses were raised from Rs.70,000/- to Rs.1,21,000/- (Rs.81,000/- to appellants No.1 and 2, the parents, and Rs.40,000/- to the sister of the deceased). The net enhancement of Rs.51,000/- is to be deposited by the insurer (respondent No.2) within 60 days, failing which interest @ 6% from the date of filing of the appeal is payable; on deposit, the Tribunal to pass appropriate orders for disbursement/apportionment. Appeal partly allowed.

1

2026:CGHC:24757

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MAC No. 1935 of 2023

1 - Smt. Pyari Bai Sahu W/o Shri Bisanlal Sahu Aged About 46 Years R/o House No. 134, Ward No. 13, Basti Para, Village- Temri, Deopuri, Raipur, District - Raipur, C.G. (Applicants/claimants)

2 - Shri Bisanlal Sahu S/o Shri Birikhram Sahu Aged About 50 Years R/o House No. 134, Ward No. 13, Basti Para, Village- Temri, Deopuri, Raipur, District - Raipur, C.G. (Applicants/claimants)

3 - Kumari Bharti Sahu D/o Shri Bisanlal Sahu Aged About 20 Years R/o House No. 134, Ward No. 13, Basti Para, Village- Temri, Deopuri, Raipur, District - Raipur, C.G. (Applicants/claimants)

... Appellant(s)

versus

1 - Animesh Chakravorti S/o Shri Akhil Chakravorti Aged About 36 Years R/o Ward No. 10, Bade Bacheli, Nagar Palika, South Bastar, Dantewada, District- Dantewada C.G. (Non- Applicant No. 1) (Driver And Registered Owner Of Vehicle Truck Bearing Registration No. C.G./18/k/0976)

2 - The Oriental Insurance Company Limited Through Divisional Manager, Divisional Office, Near Prakash Swimming Pool, Pachpedi Naka, Raipur, District - Raipur C.G. (Non- Applicant No. 3) (Insurer Of Vehicle Truck Bearing Registration No. C.G./18/k/0976)

... Respondent(s)

2

For Petitioner(s) : Ms. Pooja Yadav, Advocate For Respondent No.2 : Shri H.P.Agrawal, Advocate

({Hon’ble Shri Justice Sachin Singh Rajput})

Order on Board

18/06/2026

With the consent of the parties, the matter is heard finally.

This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “M.V.Act”) seeking enhancement of compensation in favour of the appellants/claimants passed by the 7^th Additional Motor Accident Claims Tribunal, Raipur, C.G. in Claim Case No.216/2022 on 26/02/2023.

The appellants/claimants had filed an application under Section 166 of the M.V.Act seeking compensation on account of death of Vishwanath Sahu in an accident that occurred on 31/01/2022 by rash and negligent driving of the offending vehicle Truck bearing registration No.CG 18 K 0976 driven and owned by respondent No.1 and insured with respondent No.2.

The appellants/claimants are the parents and sibling of the deceased– Vishwanath Sahu. As per pleadings, the deceased was working as Jio Fibre Engineer in Quis Corporation Ltd. Company and was earning Rs.15,906/- per month. Thus, compensation of Rs.42,50,000/- was claimed. The application was resisted by the respective respondents by filing their written statement including insurance company taking a plea of violation of the terms and conditions of the insurance policy. Tribunal having framed issues decided the same in favour of the appellants/claimants and awarded compensation of Rs.22,80,697/-.

Learned counsel for the appellants/claimants submits that though the income of the deceased which has been proved, has been accepted by the claims Tribunal and proper addition of future prospects has also been made, however, less amount of compensation has been awarded under other admissible heads. Thus, compensation may be enhanced.

Learned counsel for respondent No.2 supports the impugned award and submits that just compensation has been awarded.

3

Heard learned counsel for the parties and perused the record.

The assessment of income; addition of future prospects; reduction for personal expenses; application of multiplier has rightly been made by the learned Claims Tribunal. However, learned Claims Tribunal has only awarded compensation of Rs.70,000/- for loss of consortium, loss of estate and funeral expenses. The accident had occurred on 31/01/2022. Thus, instead of Rs.70,000/-, this Court is inclined to award Rs.16,500+16,500+48,000/- totaling Rs.81,000/- to appellants No.1 and 2 and Rs.40,000/- to the sister of the deceased, totaling Rs.1,21,000/- (81000+40000). After deducting Rs.70,000/- from Rs.1,21,000/-, Rs. 51,000/- is awarded to the appellants/claimants to be deposited by the insurance company within a period of 60 days failing which interest @ 6% from the date of filing of the appeal would be payable by it. On deposit being made, learned Tribunal shall pass appropriate order with regard to disbursement/apportionment.

8. The appeal, thus, partly allowed.

Sd/-

({Sachin Singh Rajput}) JUDGE

Deepti

Digitally signed by DEEPTI DEEPTI HARIKUMAR HARIKUMAR Date: 2026.06.22 14:41:33 +0530