Digitally signed 2026:CGHC:3325 by RAMESH KUMAR VATTI Date: 20 26.01.22 AFR

11:07:39 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 589 of 2021

1 - Smt. Birasmuni Bai W/o Late Butna Ram Aged About 50 Years R/o Village -Kulda, Post - Lodham, Tahsil And District Jashpur (Chhattisgarh)

2 - Minor Mantu Ram S/o Late Butna Ram Aged About 14 Years Minor Through Next Friend Appellant No.1 Herself. R/o Village - Kulda, Post Lodham, Tahsil And District Jashpur (Chhattisgarh)

--- Appellants/Claimants Versus

1 - Vinay Kumar Jain S/o Shri Prem Kumar Jain Jindal Road Lines, Shivshakti Complex, Raigarh (Chhattisgarh), Jindal Transport Nagar, Raigarh (Chhattisgarh), R/o Gorkha, Tahsil And District - Raigarh (Chhattisgarh)

(Owner)

2 - Mitraj S/o Shubnath R/o Sardhiha Madhuriya, P.S. - Dudhi, District - Sonbhradra (Uttar Pradesh), C/o Jindal Transport Nagar, Raigarh (Chhattisgarh), R/o Gorkha, Tahsil And District Raigarh (Chhattisgarh)

(Driver)

3 - The New India Insurance Company Limited, Local Branch Office, Judev Complex, Ghamahriya Road District - Jashpur (Chhattisgarh)

(Insurer)

--- Respondents And MAC No. 814 of 2021 * - The New India Assurance Company Limited Through Its Local Branch Office, Judev Complex, Gamhariya Road, Jashpur, District Jashpur, Chhattisgarh.

---Appellants/Insurer Versus

1 - Smt. Birasmuni Bai Wd/o Late Butna Ram Aged About 50 Years R/o Village Kulda, P.O. Lodam, Tahsil And District Jashpur, Chhattisgarh.

2 - Minor Mantu Ram S/o Late Butna Ram Aged About 14 Years Minor Through His Mother Smt. Birsamani Bai (Respondent No. 1) R/o Village Kulda, P.O. Lodam, Tahsil And District Jashpur, Chhattisgarh.

(Claimants)

3 - Vinay Kumar Jain S/o Shri Prem Kumar Jain Jindal Road Lines Shivshakti Complex, Raigarh Chhattisgarh. Jindal Transport Nagar, Raigarh Chhattisgarh. R/o Gorkha, Tahsil And District Raigarh, Chhattisgarh (Owner)

4 - Mitraj S/o Shubhnath R/o Sardiha Madhuriya, P.S. Dudhahi, District Sonbhadra (U.P.). C/o Jindal Road Lines, Shivshakti, Complex, Raigarh Chhattisgarh Jindal Transport Nagar, Raigarh Chhattisgarh R/o Gorkha, Tahsil And District Raigarh, Chhattisgarh (Driver)

--- Respondents For Claimants : Mr. Divyanand Patel, Advocate holding the brief of Mr. Rishikant Mahobia, Advocate For Insurance Company : Mr. Dashrath Gupta, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board

20/01/2026

1. These two appeals have been preferred against the judgment and award passed by the Motor Accident Claims Tribunal, Jashpur (C.G.) in Claim Case No. 71/2019 dated 29.07.2021, whereby the learned Claims Triubnal has granted compensation to the tune of Rs.14,70,800/- to the claimants with interest @ 6% per annum on account of death of Santu Ram.

2. The facts, in brief, are that deceased- Santu Ram was helper in Truck bearing registration No. CG-19 / H-2241 and it was dashed by the Trailer bearing registration No. CG-13 / LA-7002 on 25/05/2017. In the said accident Santu Ram sustained injuries and succumbed to death.

3. Mr. Divyanand Patel, learned counsel appearing for the claimants would submit that at the time of accident, age of the deceased was 19 years and earning Rs.9,000/- per month. He would submit that the learned Claims Tribunal deducted 1/2 of the income for personal and living expenses of the deceased which is erroneous. He would contend that the learned Claims Tribunal should have deducted 1/3rd for personal and living expenses of the deceased according to law laid down by the Hon’ble Supreme Court in the matter of Smt. Sarla Verma and others Vs. Delhi Transport Corporation and another, (2009) 6 SCC 121

4. On the other hand, Mr. Dashrath Gupta, learned counsel appearing for the Insurance Company would submit that the learned Claims Tribunal rightly deducted 1/2 of the income of the deceased for personal and living expenses. Mr. Dashrath Gupta has also placed reliance on the judgment passed by Hon’ble Supreme Court in the matter Smt. Sarla Verma (supra)

5. In MAC No. 814/2021, Mr. Dasrath Gupta would submit that accordi