Digitally signed by AJINKYA PANSARE Date:

2026.01.20 1

16:42:36 +0530

2026:CGHC:3058 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2303 of 2024

1. Shanti Marabi W/o Late Janesh Marabi Aged About 40 Years R/o Village And Post Sakalo, Bangalipara, P.S. Gandhinagar, Tahsil Ambikapur, District- Surguja ( C.G. ).

... Appellant(s)

versus

1. Deepak Choudhary S/o Late Dinesh Choudhari Aged About 42 Years Cast Kanwar, Occupation Vehcile Driver/ Owner R/o Sharaddha Chowk, Mission Colony, Ward No.22, P.S. Tilda- Neora, District- Raipur ( C.G.).

2. Brach Manager, United India Insurance Company Limited, Paras Complex, In Front Of State Bank Of India, Gurudwara Station Road, Durg, District- Durg ( C.G.). Branch Office United India Insurance Company Limited, Brahmaroad, Near Kumkum Hotel, Ambikapur, P.S. And Tahsil Ambikapur, District- Surguja ( C.G.).

... Respondent(s)

For Appellant : Mr. C. Jayant K. Rao, Adv.

For Respondent No. 1 : Mr. Shikhar Shukla, Adv.

For Respondent No. 2 : Mr. Swapnil Thawani, Adv. on behalf of Mr. P.R. Patankar, Adv.

Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board

19.1.2026

1) This appeal has been preferred by the appellant/ claimant under Section 173 of Motor Vehicle Act, 1988 assailing the award passed by learned Principal Motor Accident Claims Tribunal, Ambikapur, District Surguja in Claim Case No. 127/2023 dated 19.9.2024 whereby learned Tribunal has passed an award to the tune of Rs. 7,94,080/- with interest @ 7% on account of death of Raman Porte.

2) Facts of the present case are that on 16.3.2023, Raman Porte was going to Sakalo Bazar as a pillion rider on motorcycle bearing registration No. CG-15-DR-9989, which was being driven by one Kamlesh. At about 10:35 pm, the offending vehicle – Truck bearing registration No. CG-04-LK-1753 being driven in rash and negligent manner dashed the motorcycle. In the accident, both riders sustained injuries and Raman Porte died on the spot. Claimant, who is the mother of deceased moved claim application claiming therein compensation to the tune of Rs. 20,34,400/-. She pleaded that the deceased was aged 17 years and was earning Rs. 12,000/- per month working as Vegetable Seller. Learned Tribunal framed issues ; parties led evidence and thereafter award impugned was passed.

3) Learned counsel for the appellant submits that learned Tribunal has assessed the notional income of the deceased to be Rs. 7,000/- per month which is not in consonance with the minimum wage matrix applicable in the State of Chhattisgarh at the relevant time. He further submits that learned Tribunal wrongly deducted 30% dependency towards contributory negligence overlooking the fact that deceased was a pillion rider on the motorcycle which was dashed by a truck and no negligence can be attributed to the deceased. Although, he fairly submits that learned Tribunal has awarded just and proper compensation under conventional heads.

He prays to modify the award accordingly.

4) On the other hand, learned counsel appearing for the respondents would oppose. They submit that the deceased being a minor was riding the motorcycle, therefore learned Tribunal rightly deducted 30% dependency towards contributory negligence and awarded just and proper compensation. They further submit that this appeal deserves to be dismissed.

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

6) From a careful perusal of record it transpires that the deceased was the pillion rider on motorcycle at the time of the incident and late Kamlesh was driving the motorcycle and it is crystal clear from the evidence that the deceased did not drive the vehicle at the time of the incident. The Hon’ble Supreme Court in the matter of T.O. Anthony vs. Karvarnan and Others, 1. (2008) 2 SCC 748 considered the law of composite and contributory negligence. The relevant paras 6 &

7 are reproduced herein below:

“6. 'Composite negligence' refers to the negligence on the part of two or more persons. Where a person is inju