Partly allowed

Babli Yadav v. Induram Sahu

Chhattisgarh HC14 Sept 2026MAC/471/2023

Case brief

AI extract

What is this about?

This order modifies an award from a Motor Accident Claims Tribunal, enhancing total compensation for the death of Kamlesh Yadav. The court adjusted the deceased's monthly income according to Chhattisgarh Minimum Wages Notification, resulting in a net enhancement of Rs. 14,192/- alongside statutory interest.

What did the court decide?

The appeal was partly allowed; compensation enhanced from Rs. 21,03,620/- to Rs. 21,17,812/- with 6% annual interest on the additional sum.

Babli Yadav Vs Induram Sahu — Motor Accident Claims | Chhattisgarh HC (2026)

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Digitally signed SHUBHAM by SHUBHAMSINGH SINGH RAGHUVANSHI RAGHUVANSHI Date: 2026.09.15 16:47:09 +0530

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CGHC010080842023

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 471 of 2023

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1 - Babli Yadav W/o Late Kamlesh Yadav Aged About 24 Years R/o Yadav Mohalla Tifra, Thana Sirgitti, Tahsil And District - Bilaspur Chhattisgarh. (Claimants)

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2 - Tarun S/o Late Kamlesh Yadav Aged About 1 Years Minor Through Legal Guardian Mother Smt. Babli Yadav. R/o Yadav Mohalla Tifra, Thana Sirgitti, Tahsil And District - Bilaspur Chhattisgarh. 3 - Vinay Kumar Yadav S/o Late Kamlesh Yadav Aged About 1 Years Minor Through Legal Guardian Mother Smt. Babli Yadav. R/o Yadav Mohalla Tifra, Thana Sirgitti, Tahsil And District - Bilaspur Chhattisgarh.

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4 - Tulsi Bai W/o Ballu Yadav Aged About 45 Years R/o Yadav Mohalla Tifra, Thana Sirgitti, Tahsil And District - Bilaspur Chhattisgarh.

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5 - Ballu Yadav S/o Late Panchu Yadav Aged About 49 Years R/o Yadav Mohalla Tifra, Thana Sirgitti, Tahsil And District - Bilaspur Chhattisgarh.

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... Appellants

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versus

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1 - Induram Sahu S/o Mevaram Sahu Aged About 27 Years R/o Village Khaira Thana Balodabazar, Tahsil And District Baloda Bazar Chhattisgarh. (Driver Cum Owner Of The Offending Vehicle Motor Cycle No. C.G.22/m/5843)

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2 - The Iffco Tokyo General Insurance Company Limited, Through Branch Manager, Branch Office In Front Of I.C.I.C.I. Bank Byapar Vihar Road Bilaspur Tahsil And District Bilaspur . (Insurer Of The Offending Vehicle Motor Cycle No. Cg.22/m/5843)

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--- Respondent(s)

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For Appellants	:	Ms. Shaleeni Jangde, Advocate on
		behalf of Mr. AL Singroul, Advocate
For Respondent No.1	:	None
For Respondent No.2	:	Mr. Pravesh Sahu, Advocate

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Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board

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(15.09.2026)

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This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 07.10.2022, passed in Claim Case No.1257/2021 by learned 10^th Additional Motor Accident Claims Tribunal, Bilaspur (CG), whereby the learned Claims Tribunal has awarded a total sum of Rs.21,03,620/- as compensation for the death of Kamlesh Yadav who was aged about 27 years and died in a road accident which took place on 05.05.2020.

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Learned counsel for the appellant would submit that the learned Claims Tribunal has erred in awarding lesser amount of compensation in the facts of the case. The Claims Tribunal has assessed the income of the deceased on the lower side and has also awarded lesser amount under other conventional heads, which needs to be enhanced. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced.

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Learned counsel for respondent No.2/insurance company would submit that the Claims Tribunal after appreciating

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oral and documentary evidence available on record rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference.

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I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection.

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In the case at hand, true it is that the learned Tribunal has taken the monthly income of the deceased to be Rs.8600/-, which ought to be Rs.8860/- as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, to that extent the impugned award needs to be modified.

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Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi¹ , Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors² and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors³ , this Court is computing the compensation as below:-

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Sr. No.	Heads	Compensatio awarded by Tribunal	n the	Compensatio awarded by Court	n this
1	Income	Rs. 8600 x 1,03,200/-	12 =	Rs. 8860 x 1,06,320/-	12 =
2.	Deduction	(-) 1/4 25800) 77,400/-	(i.e. =	------
3.	Future prospect	(+)40% (i.e. 30,960) 1,08,360/-	Rs. =	(+)40% (i.e. 42,528) 1,48,848/-	Rs. =
4.	Deduction			(-) 1/4 (i.e. 3	7212)

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2 (2009) 6 SCC 121

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3 (2018) 18 SCC 130

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1 (2017) 16 SCC 680

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		------	= 1,11,636/-
5	Multiplier	(x) 17 =	(x) 17 =
		18,42,120/-	18,97,812/-
	Other	Rs. 2,61,500/-	Rs. 2,53,000/-
	conventional		(16500+16500+220
	heads		000)
	Total	Rs. 21,03,620/-	Rs. 21,17,812/-

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In view of the aforesaid analysis, the amount of compensation of Rs.21,03,620/- awarded by the Claims Tribunal is enhanced to Rs.21,17,812/-. Hence, after deducting the amount of Rs.21,03,620/-, the appellants are held entitled for an additional amount of Rs.14,192/-. The additional amount of compensation shall carry interest @ 6% per annum from filing of the claim application before the Claims Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact.

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In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above.

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The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the concerned Tribunal. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a coordination of Secretary, Legal Aid of the concerned area wherein the claimants resides.

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Sd/(Sanjay Kumar Jaiswal) Judge

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-Shubham

Babli Yadav v. Induram Sahu

Case brief

What is this about?

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Babli Yadav v. Induram Sahu

Case brief

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