Proper compensation calculation must consider economic loss and emotional anguish experienced by claimants, reflecting on earnings and dependency conventions in personal injury cases.

Order On Board

11/07/2025

1. Claimants/appellants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act of 1988’) seeking enhancement of compensation awarded by the learned Motor Accident Digitally signed by BALRAM BALRAM PRASAD PRASAD DEWANGAN DEWANGAN D 20a 2te 5: .07.23 Claims Tribunal, Ambikapur, District – Sarguja (for short ‘the Claims +0530 Tribunal’) vide award dated 02.12.2019 passed in Claim Case No.146/2019 thereby allowing application in part and awarding Rs.7,12,600/- as compensation in a death case.

2. Facts relevant for disposal of this appeal are that appellants/claimants filed an application under Section 166 of the Act of 1988 claiming total compensation of Rs.13,16,000/- under different heads on account of the death of Lakeshwar Yadav, who died in the road accident, pleading therein that on 16/03/2019, Lakeshwar Yadav, as per the instructions of Manoj Agarwal, owner of Neetu Hardware, Sitapur, went to village Baneya to recover the outstanding amount on motor cycle No. CG 15/MF-4160. After completing his work, while returning to Sitapur, reached near the bridge in village Naktimuda, non-applicant No.1 while driving the offending motor cycle bearing No.CG-15/CB/8367 in rash and negligent manner dashed the motor cycle of Lakeshwar Yadav and caused accident. As a result of accident, Lakeshwar Yadav suffered serious injuries on his head, hands, legs and other parts of the body and died on the way while being taken to Ambikapur for treatment. It was pleaded that at the time of accident, deceased was 27 years of young and healthy man, working as salesman in Nitu Hardware, Sitapur and was earing Rs.8,000/- per month. The appellants were dependent upon the deceased and due to his untimely death they are facing great financial crises.

3. Non-applicant No.1 filed his reply to the claim application resisting the claim. It was pleaded that at the time of accident, non-applicant No.1 was having valid and effective driving license to drive the vehicle and the offending vehicle was duly insured with non-applicant No.2. Non-

applicant No.3 also filed its reply and denied the averments made in the application. It was pleaded that the offending vehicle has been falsely implicated in this case in order to get compensation. Claim application was filed on false and fabricated grounds exaggerating the amount of compensation. The offending vehicle was being plied in breach of the conditions of the insurance policy and at the time of accident, applicant No.1 was not having valid and effective driving license to drive the aforesaid vehicle.

4. The learned Claims Tribunal upon appreciation of the pleadings and the evidence brought on record by respective parties, allowed the claim application in part, awarded total compensation of Rs.7,12,600/- and fastened the liability upon non-applicant No.2/ Insurance Company to indemnify the insured.

5. Learned counsel for appellants submits that learned Claims Tribunal erred in awarding meager amount of compensation. It is contended that the learned Claims Tribunal assessed the amount of compensation on lower side considering the occupation of the deceased to be one of labourer and assessing his income as Rs.4,500/- per month overlooking the date of accident and the nature of occupation of sales man in hardware shop as pleaded in the claim application. He also submits that the learned Claims Tribunal has not awarded compensation towards loss of consortium to both the claimants, but only for one.

6. Learned counsel for respondent No.2/Insurance Company opposes the submission of learned counsel for appellant. He submits that the amount of compensation as awarded by the learned Claims Tribunal in the facts of the case is just and proper, which does not call for any interference.

7. I have heard learned counsel for parties and also perused the records of claim case.

8. Perusal of the ple