Harish Chandra Nishad Vs Shri Tikeshwar

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Digitally signed by AJINKYA PANSARE Date: 2026.01.07 16:20:24 +0530

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2026:CGHC:598

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 761 of 2021

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1. Harish Chandra Nishad S/o Late Chaitu Nishad Aged About 50 Years R/o Village Dhusera, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh

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2. Smt. Ramabai W/o Shri Harish Chandra Nishad Aged About 47 Years R/o Village Dhusera, Tahsil Dongargarh, District Rajnandgaon Chhattisgarh.

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... Appellant(s)

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versus

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1. Shri Tikeshwar S/o Bharat Chandravanshi R/o Village Chiddo, Thana Dongargarh , District Rajnandgaon Chhattisgarh. (Driver), District : Rajnandgaon, Chhattisgarh

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2. Ashish Agrawal S/o Laxminarayan Agrawal R/o Narsingh Ward No. 10, Bhudhwari Road, Dongargarh, District Rajnandgaon Chhattisgarh. (Owner)

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3. United India Insurance Co. Ltd. Through Branch Manager, Branch Office New Bus Stand Rajnandgaon, Tahsil And District Rajnandgaon Chhattisgarh. (Insurer)

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... Respondent(s)

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For Appellants	: Ms. Bhavika Kotecha, Advocate
For Respondent No. 3	: Mr. Sudhir Agrawal, Advocate

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Hon’ble Shri Justice Rakesh Mohan Pandey

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Judgment On Board

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2

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7.1.2026

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1) This appeal has been preferred by the appellants/ claimants under Section 173 of Motor Vehicle Act, 1988 assailing the award passed by learned Additional Motor Accident Claims Tribunal, Dongargarh, District Rajnandgaon in Claim Case No. 15/2019 dated 9.9.2021 whereby learned Tribunal has passed an award to the tune of Rs. 12,44,000/- with interest @ 6% on account of death of Dikeshwar.

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2) Facts of the present case are that on 25.5.2019 at about 2:45 pm, the offending vehicle – Hyva bearing registration No. CG-08-AJ7110 dashed the stationary truck bearing registration No. CG-08AE-3996 from rear. In the accident, Dikeshwar sustained grievous injuries and died on the spot. Claimants, who are the parents of deceased moved claim application claiming therein compensation to the tune of Rs. 43,00,000/-. They pleaded that the deceased was aged 21 years and was earning Rs. 10,000/- per month working as Conductor. Learned Tribunal framed issues ; parties led evidence and thereafter award impugned was passed.

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3) Learned counsel for the appellants submits that learned Tribunal has assessed the notional income of the deceased to be Rs. 7,500/- per month which is not in consonance with the minimum wage matrix applicable in the State of Chhattisgarh at the relevant time. Although, she fairly submits that learned Tribunal has awarded just and proper compensation under conventional heads.

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3

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She prays to modify the award accordingly.

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4) On the other hand, learned counsel appearing for the Insurance Company would oppose. He submits that learned Tribunal has awarded just and proper compensation and this appeal deserves to be dismissed.

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5) Heard learned counsel for the parties and perused the record with utmost circumspection.

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6) Admittedly, claimants have not placed on record any document to demonstrate the monthly income of the deceased. However, learned Tribunal has assessed the monthly income of the deceased to be Rs. 7,500/- whereas according to the minimum wage matrix applicable in the State of Chhattisgarh, minimum wages payable to an unskilled laborer in May, 2019 was Rs. 8,920/- per month and learned Tribunal ought to have considered that figure. However, under other conventional heads learned Tribunal has awarded just and proper compensation and same does not warrant any interference.

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7) Thus, in light of the aforesaid discussion, this Court is recomputing the compensation as below:

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Sr. No.		Heads Compensation awarded by Tribunal	^{Compensation awarded} by this Court
1.	Annual	Income Rs. 90,000/-	Rs. 1,07,040/-
		(@Rs. 7,500 pm)	(@Rs. 8,920 pm)
2.	Annual	Income adding Rs. 1,26,000/-	Rs. 1,49,856/-

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4

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	Future Prospect	(@40%)	(@40%)
3.	Annual income after Deduction towards personal expenses	Rs. 63,000/- (@1/2)	Rs. 74,928/- (@1/2)
4.	Annual Income after applying Multiplier	Rs. 11,34,000/- (@18)	Rs. 13,48,704/- (@18)
5.	Loss of Estate	Rs. 15,000/-	Rs. 15,000/-
6.	Funeral expenses	Rs. 15,000/-	Rs. 15,000/-
7.	Loss of Consortium	Rs. 80,000/-	Rs. 80,000/-
	TOTAL	Rs. 12,44,000/-	Rs. 14,58,704/-

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8) Accordingly, the amount of compensation of Rs. 12,44,000/- awarded by the Claims Tribunal is enhanced to Rs. 14,58,704/- . Hence, the appellants are entitled for an additional amount of Rs. 2,14,704/- . The Insurance Company is directed to make payment of additional compensation assessed herein-above within period of 60 days. Rest of the terms of the award shall remain intact.

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9) Accordingly, the appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above.

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Sd/- (Rakesh Mohan Pandey) JUDGE

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A j i n k y a

Harish Chandra Nishad v. Shri Tikeshwar

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Harish Chandra Nishad v. Shri Tikeshwar

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