Rizwan Ahmad Vs Basant Yadav

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2026:CGHC:18896

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 572 of 2023

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Digitally signed byPAWAN PAWAN KUMAR KUMAR Date:2026.04.24 17:02:35 +0530

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1 - Rizwan Ahmad S/o Late Naimuddin Aged About 19 Years R/o Bartunga, Chirmiri, P.S. And Tehsil Chirmiri, Distt. Koriya (C.G.)

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2 - Ruksar Bano D/o Late Naimuddin Aged About 14 Years R/o Bartunga, Chirmiri, P.S. And Tehsil Chirmiri, Distt. Koriya (C.G.) (Minor Represented Through Natural Guardian Mother Smt. Shabnam Begum)

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3 - Smt. Shabana Begum W/o Late Naimuddin Aged About 32 Years R/o Bartunga, Chirmiri, P.S. And Tehsil Chirmiri, Distt. Koriya (C.G.)

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... Appellant(s)

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versus

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1 - Basant Yadav S/o Ram Prasad Yadav Aged About 21 Years R/o Indira Nagar, Bada Bazar, P.S. And Tehsil Chirmiri, Distt. Koriya (C.G.) (Driver)

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2 - Kamlesh Kesharwani (Died Through Lrs) As Per Honble Court Order Dated 05-01-2026 2.1 - Smt. Nisha Kesarwani W/o Late Kamlesh Kesarwani Aged About 48 Years (Wife) R/o Bada Bazar, Chirmiri, P.S. And Tehsil- Chirmiri, District- Koriya (C.G.)

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2.2 - Himanshu Kesarwani S/o Late Kamlesh Kesarwani Aged About 28 Years (Son) R/o Bada Bazar, Chirmiri, P.S. And Tehsil- Chirmiri, District- Koriya (C.G.)

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2.3 - Hemant Kesarwani S/o Late Kamlesh Kesarwani Aged About 25 Years (Son) R/o Bada Bazar, Chirmiri, P.S. And Tehsil- Chirmiri, District- Koriya (C.G.)

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3 - Divisional Manager The New India Assurance Co. Ltd. Ragda Complex, Transport Nagar, Korba, Distt. Korba (C.G.) (Insurance Company)

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... Respondent(s)

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For Appellant(s) : Mr. Pushkar Sinha, Advocate

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2

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For Respondent No. 3 : Mr. H. B. Agrawal, Sr. counsel with Ms. Kavita Tiwari and Mr. Gunjan Rani Agrawal, Advocate

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Hon’ble Shri Justice Sachin Singh Rajput

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Order on Board

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24/04/2026

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Challenge in this appeal is to an award dated 21.12.20224 passed in Claim Case No. 24/2021 by the learned 2nd Additional Motor Accident Claims Tribunal, Manendragarh, District Koriya, CG by which against a claim of Rs. 1,14,94,00/-, the learned Tribunal has awarded compensation of Rs. 9,77,200/- in favour of the appellants on account of death of the deceased Mohhamad Ibraan Ahmed in an accident that took place on 20.01.2021 by rash and negligent driving of the offending vehicle bolero bearing registration No. CG 16 A 2376 by respondent No. 1/ driver, owned by respondent No. 2 / owner and insured with respondent No. 2 / insurance company.

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As per pleading of the claim application, the deceased died on account of the said accident, he was a carpenter and was earning Rs. 24,000/- per month. The appellants / claimants were dependent upon the income of the deceased. 3. The claim application was resisted by the respondents on various ground and the learned Tribunal framed issues on the basis of the pleadings and decided the same in favour of the appellants / claimants. 4. Learned counsel for the appellant submits that the deceased was working as a carpenter at C.V. Quality Furniture and was being paid a salary of Rs. 24,000/- per month. In support thereof, the manager of the said furniture shop was examined. It is contended that the learned Tribunal committed an error in assessing the monthly income of the deceased to Rs.

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6,000/- per month. Therefore, it is prayed that suitable enhancement in the compensation amount be made.

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Learned counsel for respondent No. 3 opposes the submissions and contends that the learned Tribunal has rightly disbelieved the salary certificate and other supporting documents, as the person examined on behalf of the said furniture shop had already left the job. It is further submitted that, looking to the facts and circumstances of the case, just compensation has been awarded by the Tribunal, which does not warrant any interference by this Court.

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Heard learned counsel for the parties and perused the document on records.

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The contention of Mr. Sinha is that the income of the deceased had already been duly proved by examining the witness. The learned Tribunal, while considering this aspect of the matter in paragraph No. 12, has discussed in detail the evidence of Manish Kumar (AW-3) and recorded a finding that the exhibited documents do not establish that the deceased was receiving wages from C.V. Furniture. It has further been observed that the said witness had already left the job in October, 2021, and therefore, the manner in which he obtained the register is doubtful. A further finding has also been recorded that he himself was earning Rs. 500/-, Rs. 600/and Rs. 700/- per day by working in C.V. Furniture Shop as a contractor. This finding appears to be based on proper appreciation of evidence; thus, this Court is not inclined to accept the submissions of Mr. Sinha. However, the learned Tribunal has assessed the monthly income of the deceased at only Rs. 6,000/-, which appears to be on the lower side. keeping in view the nature of his job, evidence available on record, number of dependents and minimum wages prevailing, this Court holds the monthly income of the deceased to Rs. 10,000/- per month. In light of the decisions of the Hon'ble

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Supreme Court in the matters of Smt. Sarla Verma and others VS. Delhi

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Transport Corporation and another reported in (2009) 6 SCC 121 and National Insurance Co. Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors; (2018) 18 SCC 130 this Court computes the compensation in the following manner:-

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S. No.	Description	Amount
1.	Monthlyincome	10,000/-
2.	40% Future prospect	4,000/-
3.	Total MonthlyIncome(10000+4000)	14,000/-
4.	Total YearlyIncome(14000x12)	168000/-
5.	1/2 Deduction for personal expenses of deceased	84,000/-
6.	Net income	84,000/-
7.	Multiplier of 18 applied to assess total loss of dependency	15,12,000/-
8.	Funeral Expenses	16,500/-
9.	Loss of estate	16,500/-
10.	filial consortium	40,000/-
	Total compensation	15,85,000/-

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For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs. 9,77,200/- awarded by learned tribunal is enhanced to Rs. 15,85,000/-. Hence, after deducting the amount of Rs. 9,77,200-, the claimants are held entitled for an additional amount of Rs. 6,07,800/-. The additional amount shall carry interest @ 6% per annum from the date of this registration appeal i.e. 28.03.2023. The impugned award stands modified to the above extent.

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The Insurance Company is directed to deposit the enhanced amount of compensation within 60 days. After deposit Rs. 1,50,000/- shall be invested as fixed deposit in a nationalized bank for a period of two years in the name of appellant No.1; Rs. 2,00,000/- (each) shall be invested as fixed deposit in a nationalized bank for a period of two years in the name of

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appellant Nos. 2 & 3. Remaining amount shall be disbursed to appellants through bank transaction/account payee cheque.

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