Laxan Bai Vs Ramadhar Yadav

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(MAC No.974/2020)

2026:CGHC:16174 Digitally signed by SISTA NAFR SISTA SOMAYAJULU SOMAYAJULU Date: 2026.04.09 11:00:35+0530 HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 974 of 2020

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{Arising out of award dated 29-11-2019 passed by the 8^th Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.305/2019}

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Laxan Bai, W/o Mohan Singh Kanwar, aged about 43 years.

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Mohan Singh Kanwar, S/o Late Naval Singh, aged about 44 years.

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Both are R/o Murrabhatha, Torwa, Thana Torwa, Tahsil and District Bilaspur (Chhattisgarh).

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(Claimants) ... Appellants

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versus

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Ramadhar Yadav, aged about 49 years, S/o Ramsevak Yadav, R/o Village Haranmudi Taraud, Tahsil and Thana Pali, District Korba (Chhattisgarh).

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(Driver)

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Sourabh Kumar Pathak, S/o Surendra Nath Pathak, R/o House No.181, Pathak Complex, Jhaabar, Pali Road, Deepka, District Korba (Chhattisgarh).

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(Owner)

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The New India Insurance Company Limited, Through Divisional Manager, Divisional Office Guru Kripa Tower, 3^rd Floor, Rama Trade Center, In front of Rajeev Plaza, Old Bus Stand Road, Bilaspur, Tahsil and District Bilaspur (Chhattisgarh).

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(Insurer) ... Respondents

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For Appellants : Mr. Arjun Lal Singroul, Advocate. For Respondent No.3 : Mr. Raghavendra Verma, Advocate.

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Single Bench:Hon'ble Shri Justice Sanjay K. Agrawal

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Page 2 of 4

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(MAC No.974/2020)

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Judgment on Board

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08/04/2026

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This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 29-11-2019 passed by the 8^th Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.305/2019, whereby the learned Claims Tribunal has awarded a total sum of ₹ 13,59,392/- as compensation for the death of Vishwajeet Kanwar, who was a student of ITI, Koni, Bilaspur and doing the work of Electrician, aged about 20 years at the time of incident. The appellants herein/claimants are mother and father, respectively, of deceased Vishwajeet Kanwar.

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Mr. Arjun Lal Singroul, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the deceased was a student of ITI, Koni, Bilaspur and was doing the work of Electrician and thus, he was a skilled labour and the learned Claims Tribunal ought to have taken his monthly income to be ₹ 9,830/- on the basis of notification issued under the Minimum Wages Act in the year 2021, whereas, it has been taken as ₹ 8,660/, therefore, the amount of compensation be enhanced suitably.

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Mr. Raghavendra Verma, learned counsel appearing on behalf of respondent No.3 herein/Insurance Company, would support the impugned award and oppose the appeal.

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Page 3 of 4

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(MAC No.974/2020)

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I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection.

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The learned Claims Tribunal has assessed the monthly income of deceased Vishwajeet Kanwar to be ₹ 8,660/-, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the Office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased should be ₹ 9,830/- (as per minimum wages prescribed at relevant time).

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Thus, considering the evidence available on record and that the deceased was a student of ITI, Koni, Bilaspur and was doing the work of Electrician, 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 Sethi 1, Sarla Verma & Ors. v. Delhi Transport Corporation & Ors 2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3, this Court is computing the compensation as below:-

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S. No.	Heads	Compensation awarded by the Tribunal	Compensation awarded by this Court/New Calculation
1.	Income	₹ 8,660/- per month. Yearly Income = ₹ 8,660 x 12 = ₹ 1,03,920/-.	₹ 9,830/- per month. Yearly Income = ₹ 9,830 x 12 = ₹ 1,17,960/-.
2.	Future	(+) 40% i.e. ₹ 41,568/-;	40% i.e. ₹ 47,184/-; ₹
	Prospect	₹ 1,03,920 +41,568 =	1,17,960+47,184= ₹

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1 (2017) 16 SCC 680

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2 (2009) 6 SCC 121

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3 (2018) 18 SCC 130

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Page 4 of 4

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(MAC No.974/2020)

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		₹ 1,45,488/-	1,65,144/-
3.	Deduction	(-) ½ = ₹ 72,744/- ₹ 1,45,488 – 72,744 = ₹ 72,744/-	(-) ½ = ₹ 82,572/- ₹ 1,65,144 – 82,572 = ₹ 82,572/-
4.	Multiplier	(x)18 = ₹ 13,09,392/-	(x)18 = ₹ 14,86,296/-
5.	Loss of Estate	₹ 15,000/-	₹ 18,750/-
6.	Funeral Expenses	₹ 15,000/-	₹ 18,750/-
7.	Loss of Parental Consortium	₹ 20,000/-	₹ 48,400/- x 2 = ₹ 96,800/-
	Total	₹ 13,59,392/-	₹ 16,20,596/-

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In view of the aforesaid analysis, the amount of compensation of ₹ 13,59,392/- awarded by the Claims Tribunal is enhanced to ₹ 16,20,596/- . Hence, after deducting the amount of ₹ 13,59,392/- , the appellants are held entitled for an additional amount of ₹ 2,61,204/- . The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 7-3-2019 till its realisation. Rest of the conditions of the impugned award shall remain intact.

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

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Sd/- (Sanjay K. Agrawal) Judge

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Soma

Laxan Bai v. Ramadhar Yadav

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Laxan Bai v. Ramadhar Yadav

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