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2026 DAILYLAW 20436 (CHH)

THE ORIENTAL INSURANCE COMPANY LIMITED v. SHATRUHAN LAL SAHU

MCC/448/2026 · 2026-05-06

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:21302 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 448 of 2026  The Oriental Insurance Company Limited Through- Branch Manager, Branch Office- 1st Floor, Rama Trade Centre, Near Rajiv Plaza, Old Bus Stand, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh ... Applicant versus 1. Shatruhan Lal Sahu S/o Abhayram Sahu Aged About 35 Years R/o Village Rampur, Police Station Bhakhara, Tahsil Bhakhara, District- Dhamtari (C.G.) 2. Sahdev S/o Abhyram Sahu Aged About 33 Years R/o Village Rampur, Police Station Bhakhara, Tahsil Bhakhara, District- Dhamtari (C.G.) 3. Smt. Lachchhni Bai Sahu W/o Manbodhi Sahu Aged About 37 Years R/o Village Navagaon, Police Station- Bhakhara, Tahsil Bhakhara District- Dhamtari (C.G.) 4. Vijay Patil S/o Bharatlal Patil Aged About 23 Years R/o Village Rampur, Police Station Bhakhara, Tahsil Bhakhara, District- Dhamtari (C.G.)(Driver) 5. Arjun Ratre S/o Shambhuram Ratre R/o Satnam Chowk Ward No. 12, Rampur, Police Station Bhakhara, Tahsil Bhakhara, District- Dhamtari (C.G.)(Owner) ... Non-Applicant(s) For Applicant : Ms. M. Asha, Advocate For Non-Applicants No. 1 to 3 : Mr. Praveen Dhurandhar, Advocate For Non-Applicants No. 4 & 5 : Mr. R.S. Patel, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 07.05 .2026 1. Insurance Company has filed this application for modification of order passed in MAC No. 248 of 2023 dated 12.03.2026. 2. Ms. M. Asha, Advocate wold submit that the actual date of accident was SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.05.08 16:47:21 +0530 2 31.08.2020, but in the order dated 12.03.2026 it is mentioned as 31.08.2022. Thus, the said part of the order requires modification. She would further argue that this Court assessed the income of the deceased treating date of death 31.08.2022, whereas, the minimum wage admissible to an unskilled labourer on 31.08.2020 was Rs. 8,860/-, and therefore, the dependency part assessed by this Court also requires modification. 3. Learned counsel appearing for non-applicants would endorse submission made by Ms. M. Asha, Advocate. 4. Heard. 5. Perusal of the issue framed by the learned Tribunal would make it clear that date of accident was 31.08.2020 and accordingly, date of accident is modified in the order dated 12.03.2026 as 31.08.2020 instead of 31.08.2022.. 6. This Court assessed the income of deceased taking date of death 31.08.2022, whereas, minimum wage admissible to an unskilled labourer on 31.08.2020 was Rs. 8,860/-. Accordingly, the compensation requires correction and same is being done herein-below:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs. 4000x12 = Rs. 48,000/- Rs. 8,860/-x 12 = Rs. 1,06,320/- 2. Future Prospect 10% of 48,000 = 4,800/- 48,000 + 4,800=52,800 10% of 1,06,320 = 10,632 1,06,320 + 10,632 = 1,16,952 3. Deduction (-) 1/3 of 52,800 =Rs. 17,600 52,800 – 17,600 = 35,200 (-) 1/3 of 1,16,952 = 38,984 1,16,952 – 38,984 = 77,968 4. Multiplier (x) 11 = Rs. 3,87,288/- (x) 11 = Rs. 8,57,648/- 5. Other heads- Rs. 40,000 x 3 = Rs. 40,000 x 3 = 1,20,000/- 3 loss of Consortium (for appellants) 1,20,000/- 6. Funeral expenses Rs. 16,500/- Rs. 16,500/- 7. Loss of Estate Rs. 16,500/- Rs. 16,500/- 8. Total Rs. 5,40,288/- Rs. 10,10,648/- 7. In the result, MCC is allowed subject to above-stated corrections. 8. This order shall be part of the order passed in MAC No. 248 of 2023. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant