Dismissed

Smt. Saroj Deshlahra v. Abdul Shoyab

Chhattisgarh HC14 Sept 2026MAC/2059/2026

Case brief

AI extract

What is this about?

Appellants appealed against the compensation award of the Motor Accident Claims Tribunal in a claim arising from a fatal accident. The court found the Tribunal's assessment of evidence and compensation was just and reasonable.

What the court decided

AI extract

Smt. Saroj Deshlahra Vs Abdul Shoyab — Motor Accident Claims | Chhattisgarh HC (2026)

¶1

¶2

PRASHANT DEWANGAN

¶3

Digitally signed byPRASHANT DEWANGAN Date: 2026.09.16 17:33:28 +0530

CGHC010356102026

2026:CGHC:40162

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2059 of 2026

¶8

1 - Smt. Saroj Deshlahra Wd/o Late Mahendra Deshlahra, Aged About 39 Years, Caste Satnami, R/o Village Farhad, Police Station Somni, Tahsil/district Rajnandgaon (C.G.) .

¶9

2 - Moksha Deshlahra D/o Late Mahendra Deshlahra, Aged About 12 Years, (Minor) Through The Natural Guardian i.e. Mother Smt. Saroj Deshlahra, Wd/o Late Mahendra Deshlahra, Aged About 39 Years, R/o Village Farhad, Police Station Somni, Tahsil/district Rajnandgaon (C.G.).

¶10

3 - Khushbu D/o Late Mahendra Deshlahra, Aged About 10 Years, (Minor) Through The Natural Guardian i.e. Mother Smt. Saroj Deshlahra, Wd/o Late Mahendra Deshlahra, Aged About 39 Years, R/o Village Farhad, Police Station Somni, Tahsil/district Rajnandgaon (C.G.).

¶11

4 - Khushi D/o Late Mahendra Deshlahra, Aged About 10 Years, (Minor) Through The Natural Guardian i.e. Mother Smt. Saroj Deshlahra, Wd/o Late Mahendra Deshlahra, Aged About 39 Years, R/o Village Farhad, Police Station Somni, Tahsil/district Rajnandgaon (C.G.).

¶12

... Appellants

¶13

versus

¶14

1 - Abdul Shoyab S/o Mohd. Salim R/o Ward No. 27, Behind ICICI Bank, Dalli Rajahara, Tahsil Daundi, District Balod (C.G.)(Driver And Registered Owner Of The Swift Car No. (C.G.)/25/C/7771).

¶15

2 - National Insurance Company Limited Through The Divisional Manager, Divisional Office, Akash Ganga Complex, Supela, Bhilai, Tahsil And District Durg (C.G.)(Insurer Of The Swift Car No. (C.G.)/25/C/7771).

¶16

3 - Punuram Deshlahra S/o Late Sukhlal Deshlahra, Aged About 67 Years, Caste Satnami, R/o Village Farhad, Police Station Somni, Tahsil/district Rajnandgaon (C.G.).

¶17

¶18

4 - Smt. Arun Deshlahra D/o Punuram Deshlahra, Aged About 63 Years, Caste Satnami, R/o Village Farhad, Police Station Somni, Tahsil/district Rajnandgaon (C.G.).

¶19

... Respondents

¶20

For Appellants : Mr. Utkarsh Patel, Advocate For Respondents : None

¶21

Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board ( 15/09/2026)

¶22

Heard on I.A. No.01/2026, an application for condonation of delay under Section 5 of Limitation Act.

¶23

The present appeal has been preferred by the appellants/claimants seeking enhancement of the compensation awarded by the learned Claims Tribunal.

¶24

For the reasons assigned therein, I am inclined to allow the same and delay of 71 days in preferring of this appeal is, hereby, condoned.

¶25

I.A. No.01/2026, thus, stands disposed of.

¶26

Heard on admission.

¶27

This is the claimants’ appeal for enhancement against the award dated 18/03/2026 passed by the learned Additional Motor Accident Claims Tribunal (F.T.C.) Ambagarh Chowki, District – Mohla-ManpurAmbagarh Chowki (C.G.) in Motor Accident claim case No. 55/2025 whereby a compensation amount of Rs. 1,12,47,910/- has been awarded in favour of the claimants.

¶28

Learned counsel for the appellants submits that the amount awarded by the learned Claims Tribunal is on lower side which needs to be enhanced suitably.

¶29

¶30

I have heard learned counsel appearing for the appellants and perused the record of the Tribunal including award impugned.

¶31

Upon scrutinizing the evidence available on record, the Tribunal held that the accident, which occurred on 19.10.2024, was caused by the rash and negligent driving of Swift Car bearing Registration No. CG-25C-7771 by its driver/owner, Abdul Shoyab (Respondent No. 1). In the said accident, the deceased, Mahendra Deshlahra, who was riding Motorcycle bearing Registration No. CG-08-AW-0277, sustained grievous injuries and succumbed to the same at the spot. The claimants pleaded that, at the time of the accident, the deceased Mahendra Deshlahra was posted as Lecturer (L.B.) at Government Higher Secondary School, Hathra. It was further stated that, about six months prior to the date of the incident, he had been working on attachment at Government Boys Higher Secondary School and was earning a monthly salary of Rs.69,758/-. The Tribunal has taken the monthly income of the deceased at Rs. 69,008/- as per the salary slips (Ex.P/15 to Ex.P/20), and accordingly assessed his annual income at Rs.8,28,096/-. From the annual income of the deceased, a sum of Rs.27,810/- was deducted towards income tax payable for the financial year 2024-2025 and after considering that the deceased was 44 years of age at the time of the accident and having regard to the number of claimants i.e., 06, added 30% towards future prospects to the income of the deceased, deducted one-fourth (1/4) of the income towards the personal and living expenses of the deceased and applied multiplier of 14, which is found to be just and proper. Under the conventional heads, the learned Tribunal awarded Rs. 3,24,000/-, which is also found to be just and proper. Accordingly, after considering the age, income and

¶32

¶33

other relevant factors, the Tribunal awarded total compensation to the claimants under the following heads:

¶34

Sl. No.	Heads	Compensation
01	Annual income of the deceased (69,008x12)	=Rs.8,28,096/-
02	Annual Income after deduction of Income Tax	8,28,096-27,810 =Rs. 8,00,286/-
03	30% towards future prospects	8,00,286+2,40,086 =Rs. 10,40,372/-
04	1/4th deduction towards personal and livingexpenses	10,40,372-2,60,093 = Rs.7,80,279/-
05	After applying 14 multiplier	7,80,279 x14 =1,09,23,906/-
		in round of Rs. 1,09,23,910/-
06	-Towards loss of love and affection (for wife, three daughters, mother and father)	48,000 x 6 =Rs.2,88,000/-
07	Funeral Expenses	Rs. 18,000/-
08	Loss of Estate	Rs. 18,000/-
	Total	Rs. 1,12,47,910

¶35

On a careful consideration of the material on record, this Court finds that the Tribunal has properly appreciated the evidence and the compensation awarded is just and reasonable. There is no infirmity in the impugned award warranting interference.

¶36

Accordingly, the appeal of the appellant is hereby dismissed at the admission stage.

¶37

Sd/Sanjay Kumar Jaiswal Judge

¶38

Prashant

Smt. Saroj Deshlahra v. Abdul Shoyab

Case brief

What is this about?

What the court decided

Smt. Saroj Deshlahra v. Abdul Shoyab

Case brief

What is this about?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases