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Digitally signed

by SHUBHAM

SHUBHAM SINGH

SINGH RAGHUVANSHI

RAGHUVANSHIDate:

2026.07.25

14:29:11 +0530

CGHC010284862024 2026:CGHC:31794

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MAC No. 1685 of 2024

1 - Smt. Aasha Devi W/o. Late Jethmal Solanki Aged About 58 Years

R/o. Vivekanand Ward Mungeli, Tahsil And District - Mungeli (C.G.)

(Claimant)

2 - Rakesh Kumar Solanki S/o. Late Jethmal Solanki Aged About 38

Years R/o. Vivekanand Ward Mungeli, Tahsil And District - Mungeli

(C.G.) (Claimant)

... Appellants

versus

1 - Suraj Singh S/o. Ram Lochan Singh Rajput Aged About 20 Years

(Driver Of Royal Infield Bullet Motor Cycle No. Cg-28-L-9902)

2 - Manohar Singh S/o. Malkhan Singh Rajput Aged About 45 Years

R/o. Village - Roharra Khurd, Mahamai Para, Tahsil And District -

Mungeli (C.G.) (Owner Of Royal Infield Bullet Motor Cycle Cg-28-L-

9902)

3 - Chola Mandalam M.S. General Insurance Company Limited

Branch Office - Guru Govind Singh Ward, 2nd Floor, Simran Tower,

Pandri Road, Raipur (C.G.) (Insurer Of Royal Infield Bullet Motor Cycle

Cg-28-L-9902)

--- Respondent(s)

For Appellants : Ms. A.L. Singroul, Advocate

For Respondents No.1 & 2 : None

For Respondents No.3 : Mr. Prashant Sahu, Advocate

2

Hon'ble Shri Justice Sanjay Kumar Jaiswal

Judgment on Board

(24.07.2026)

1. This appeal under Section 173 of the Motor Vehicles Act,

1988 (for short the "Act of 1988") has been preferred by the

appellants/claimants seeking enhancement of the amount

of compensation, challenging the impugned award dated

06.03.2024, passed in Claim Case No.28/2021, whereby

the learned Claims Tribunal has awarded a total sum of

Rs.2,03,000/- as compensation for the death of Jethmal

Solanki who was aged about 65 years and died in a road

accident which took place on 22.01.2021.

2. Learned counsel for the appellant would submit that the

learned Claims Tribunal has erred in awarding lesser

amount of compensation in the facts of the case. The

Claims Tribunal has assessed the income of the deceased

on the lower side and has also awarded lesser amount

under other conventional heads, which needs to be

enhanced. The Claims Tribunal has also made deductions

as 1/2 in place of 1/3. Therefore, the instant appeal be

allowed and the compensation awarded by the Claims

Tribunal may suitably be enhanced.

3. Learned counsel for respondent No.3/insurance company

would submit that the Claims Tribunal after appreciating

oral and documentary evidence available on record rightly

awarded the compensation amount. Hence, the

compensation awarded by the Claims Tribunal is just and

proper and requires no interference.

4. I have heard learned counsel for the parties, considered

their rival submissions made herein-above and went

through the records with utmost circumspection.

3

5. In this case, the Claims Tribunal has found that there was

a breach of the insurance policy conditions as, at the time

of accident, Respondent No.1 Suraj Singh was not having a

valid and effective driving license. Therefore, the Tribunal

fastened the liability upon Respondent Nos. 1 and 2, but

also passed an order of 'pay and recover'.

6. In the case at hand, true it is that the learned Tribunal has

taken the monthly income of the deceased to be Rs.3,000/-,

which ought to be Rs.8,960/- as per the Chhattisgarh

Minimum Wages Notification issued by the office of Labour

Commissioner, Chhattisgarh. In other conventional heads,

the Tribunal has granted only Rs.77,000 which ought to be

1,21,000/- Furthermore, in place of 1/3, the Tribunal has

made deductions as 1/2, to that extent the impugned

award needs to be modified.

7. Thus, 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 Sethi¹

Sarla Verma & Ors. Vs. Delhi Transport Corporation &

Ors² and Magma General Insurance Co. Ltd. v. Nanu

Ram @ Chuhru Ram & Ors³, this Court is computing the

compensation as below:-

Sr. Heads Compensation Compensation

No. awarded by the awarded by this

Tribunal Court

1 Income Rs. 3000 x 12 = Rs. 8960