Smt. Rekha Banjare Vs Naresh Kumar

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1

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2026:CGHC:19198

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 385 of 2024

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1 - Smt. Rekha Banjare Wd/o Late Komal Prasad Banjare Aged About 32 Years R/o VillageJorhadabri, Police Station- Kusmunda, Tahsil- Pali, Dist. Korba, C.G.

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2 - Kumari Janhavi D/o Late Komal Prasad Banjare Aged About 13 Years R/o VillageJorhadabri, Police Station- Kusmunda, Tahsil- Pali, Dist. Korba, C.G.

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HIFZURRAHMAN ANSARI

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Digitally signed by HIFZURRAHMAN ANSARI Date: 2026.05.05 17:01:36 +0530

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3 - Kumari Priyanshu D/o Late Komal Prasad Banjare Aged About 7 Years Minor Through The Mother (Natural Guardian) Smt. Rekha Banjare, R/o Village-Jorhadabri, Police StationKusmunda, TahsilPali, Dist. Korba, C.G. 4 - Kumari Priyani D/o Late Komal Prasad Banjare Aged About 1 Years Minor Through The Mother (Natural Guardian) Smt. Rekha Banjare, R/o Village-Jorhadabri, Police StationKusmunda, TahsilPali, Dist. Korba, C.G. 5 - Jhadiram Banjare S/o Late Sukhru Ram Aged About 66 Years R/o Village-Jorhadabri, Police StationKusmunda, TahsilPali, Dist. Korba, C.G.

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6 - Smt. Ram Bai W/o Jhadiram Banjare Aged About 57 Years R/o Village-Jorhadabri, Police Station- Kusmunda, Tahsil- Pali, Dist. Korba, C.G.

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... Appellants

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versus

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1 - Naresh Kumar S/o Ramu Aged About 24 Years R/o Village- Tilkeja, Jala Mohalla, House No.-45, Police Station-Urga, Dist. Korba, C.G. (Driver The Vehicle Trailer No. C.G. 12A.W.-2248)

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2 - M/s Bajrang Realcon And Transport Company Partner Bajrang Kediya S/o Basant Lal Kediya, Aged About 52 Year, R/o Plot No.-349, T.P. Nagar, Korba, Dist. Korba, C.G., Pin No - 495677 (Owner Of The Vehicle Trailer No. C.G. 12-A.W.-2248)

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3 - Branch Manager The New India Insurance Company Limited, Branch Office- Rama Trade Centre, 2nd Floor, In Front Of Rajiv Plaza, Old Bus Stand, Bilaspur, Police StationCivil Line, Tahsil And District-Bilaspur, C.G. Pin No. 495001, (Insurer Of The Vehicle Trailer No. C.G. 12-A.W.-2248)

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... Respondent(s)

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For Appellant : Mr. Anand Kesharwani, Advocate

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2

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For Respondent No. 3 : Mr. B. N. Nande, Advocate

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Hon'ble Shri Justice Sachin Singh Rajput,

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Order on Board

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25.04.2026

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1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “ MV Act”) has been filed by the appellants/claimants being aggrieved by the award dated 05.07.2023 passed in Claim Case No. 1460/2019 by the learned 1^st Additional Motor Accident Claims Tribunal, Bilaspur District- Bilaspur (CG).

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1. By the impugned award, the learned Tribunal has awarded compensation of Rs. 15,93,000/- to the appellants/claimants, on account of the death of deceased/Komal Prasad Banjare in an accident that took place on 09.09.2019 by rash and negligent driving of the offending vehicle (Trailor) bearing Registration No. CG-12-AW-2248 by respondent No.1, owned by respondent No.2 and insured with respondent No.3/Insurance company. As a result of the said accident, the deceased suffered grievous injuries and died in hospital during treatment.

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1. As per the pleadings, the deceased/Komal Prasad Banjare was aged about 45 years and was working as Supervisor and earning a monthly income of Rs. 15,000/-. The appellants/claimants were dependent upon the income of the deceased.

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1. The respondent No. 1 remained ex parte before the learned Tribunal. Respondent No. 2 filed his written statement and denied the averments of the claim application. Respondent No.3 /Insurance company in usual course, denied the averments of the claim application and pleaded that the driver of the offending vehicle did not have valid and effective driving licence and there is a violation of terms and conditions of insurance policy.

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3

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1. On the basis of the above pleadings, the learned Tribunal has framed 4 issues and after appreciating the material available on record decided the same in favour of the appellants/claimants and awarded above stated compensation.

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1. Learned counsel for the appellants/claimants submits that the amount of compensation is on the lower side. Hence, suitable enhancement may be made by this Court.

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1. Learned counsels for the respondent No.3 supports the award and submits that in view of evidence available on record and findings of the learned Tribunal is justified and just compensation has been awarded.

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1. I have heard learned counsel for the parties, considered their rival submissions and perused the records.

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1. Considering the evidence available on record; age of the deceased; date of accident; number of dependents including 3 minor children; nature of job; this Court is of the view that Rs. 12,000/- can be safely taken as monthly income of the deceased.

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1. In light of the above and taking guidance from the judgment of Hon’ble Supreme Court in the matter of National Insurance Company Ltd. V. Pranay Sethi and others; (2017) 16 SCC 680, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors; (2009) 6 SCC 121 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors; (2018)

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18 SCC 130, this Court is recomputing the compensation as below:-

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S.N	Particular	Awarded by this Court
1.	Monthly Income of the deceased	12,000/-
4.	Yearly income	12,000 X12=1,44,000/-
2.	Future Prospect 25%	1,44,000 X25%=36,000/-
3.	Net Income	1,44,000+36000=1,80,000/-
5.	Personal expenditure 1/4	1,80,000 /4=45,000/-
6.	Yearlydependency	1,80,000-45,000=1,35,000/-

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4

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7.	Multiplier of 14 applied to assess yearly loss of dependency	1,35,000 X14= 18,90,000/-
8.	Funeral Expenses	15,000/-
9.	Loss of estate	15,000/-
10.	Filial, parental and Spousal	2,40,000/- (40,000/- each to A-1 to
	consortium	A-6)
	Total compensation	Rs. 21,60,000/-

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For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs.15,93,000 /- awarded by the Tribunal is enhanced to Rs. 21,60,000/-. Hence, after deducting the amount of Rs. 15,93,000/-, the appellants/claimants are held entitled for an additional amount of Rs. 5,67,000/-. The additional amount shall carry interest @6% per anuum from the date of appeal i.e. 24.02.2024. The impugned award stands modified to the above extent.

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The respondent No. 3 insurance company is directed to deposit the amount of compensation enhanced by this Court within a period of 60 days from today, on such deposit being made, Rs. 1,00,000/- each shall be invested in the name of appellant Nos. 2 to 4 until they attain majority in FDR at any Nationalized Bank, Rs. 1,00,000/- shall be invested in the name of appellant No. 1 for a period of 2 years in FDR at any Nationalized Bank. Rs. 50,000/- each shall be disbursed to the appellant Nos. 5 & 6, remaining amount shall be paid to appellant No. 1 through bank transaction/account payee cheque.

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Consequently, the appeal is partly allowed.

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Sd/-

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(Sachin Singh Rajput) Judge

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H.Ansari

Smt. Rekha Banjare v. Naresh Kumar

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Smt. Rekha Banjare v. Naresh Kumar

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