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2026 DAILYLAW 27916 (CHH)

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED v. SMT. JAMBO BAI

MAC/829/2018 · 2026-07-16

Shri Sanjay K Agrawal

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Judgment text

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1 CGHC010175982019 2026:CGHC:30432 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1223 of 2019 1 - Smt. Jambo Bai W/o Jageshwar @ Munna Aged About 39 years (now aged about 44 Years) R/o Shanti Nagar, Lailunga Police Station Lailunga, Tahsil Gharghoda, At Present R/o Village Badmar, Police Station And Tahsil Kartala, District Korba Chhattigarh. 2 - Prahlad S/o Late Jageshwar @ Munna Aged About 21 Years (now aged about 26 years) R/o Shanti Nagar, Lailunga Police Station Lailunga, Tahsil Gharghoda, At Present R/o Village Badmar, Police Station And Tahsil Kartala, District Korba Chhattigarh. 3 - Umesh S/o Late Jageshwar @ Munna Aged About 19 years (now aged about 24 Years) R/o Shanti Nagar, Lailunga Police Station Lailunga, Tahsil Gharghoda, At Present R/o Village Badmar, Police Station And Tahsil Kartala, District Korba (CG) 4 - Savita D/o Late Jageshwar @ Munna Aged About 17 years (now aged about 22 Years) R/o Shanti Nagar, Lailunga Police Station Lailunga, Tahsil Gharghoda, At Present R/o Village Badmar, Police Station And Tahsil Kartala, District Korba Chhattigarh. 5 - Minor Anita D/o Late Jageshwar @ Munna Aged About 15 Years (aged about 20 years) R/o Shanti Nagar, Lailunga Police Station KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE 2 Lailunga, Tahsil Gharghoda, At Present R/o Village Badmar, Police Station And Tahsil Kartala, District Korba Chhattigarh. --- Appellants versus 1 - Naushad Raza S/o Sheikh Abdul Rahman Aged About 22 Years R/o Khajritap, Police Station Bagbahar, District Jashpur, Chhattisgarh (Vehicle Driver), 2 - Santosh Prasad Gupta S/o Akhaja Pidi Gupta R/o Quarter No. 1470, Kotwa, Sukwasi Para, Tahsil Patthalgaon, District Jashpur Chhattisgarh. (Vehicle Owner), 3 - Bajaj Allinz General Insurance Company Limited Office Plot No. 102, Indira Commercial Complex, Behind Natraj Hotel T.P. Nagar, Korba Tahsil And District Korba Chhattisgarh. (Insurer Company) --- Respondent(s) For Appellants : Mr. Aditya Khare, Advocate. For Respondent No.3 : Mr. Utsav Mahiswar, Advocate. MAC No. 829 of 2018 1 - Bajaj Allianz General Insurance Company Limited Office At Plot No. 102, Indira Commercial Complex, Behind Natraj Hotel, T.P. Nagar Korba, Tehsil And District Korba, Chhattisgarh (Non Applicant No.3) ---Appellant Versus 1 - Smt. Jambo Bai W/o Jageshwar Alias Munna Aged About 38 Years R/o Shanti Nagar, Lailunga, P.S. Lailunga, Tahsil Gharghoda, Currently Residing At Village Badmar, Thana And Tahsil Kartala, District Koriya, Chhattisgarh, 3 2 - Prahlad S/o Late Jageshwar Alias Munna Aged About 21 Years R/o Shanti Nagar, Lailunga, P.S. Lailunga, Tahsil Gharghoda, Currently Residing At Village Badmar, Thana And Tahsil Kartala, District Koriya, Chhattisgarh 3 - Umesh S/o Late Jageshwar Alias Munna Aged About 19 Years R/o Shanti Nagar, Lailunga, P.S. Lailunga, Tahsil Gharghoda, Currently Residing At Village Badmar, Thana And Tahsil Kartala, District Koriya, Chhattisgarh 4 - Savita D/o Late Jageshwar Alias Munna Aged About 17 Years Minor Represented Through their Natural Guardian Mother Smt. Jambo Bai, W/o Late Jageshwar, Aged About 38 Years, R/o Shanti Nagar, Lailunga, P.S. Lailunga, Tahsil Gharghoda, Currently Residing At Village Badmar, Thana And Tahsil Kartala, District Koriya, Chhattisgarh 5 - Anita (Minor) D/o Late Jageshwar Alias Munna Aged About 15 Years Represented Through their Natural Guardian Mother Smt. Jambo Bai, W/o Late Jageshwar, Aged About 38 Years, R/o Shanti Nagar, Lailunga, P.S. Lailunga, Tahsil Gharghoda, Currently Residing At Village Badmar, Thana And Tahsil Kartala, District Koriya, Chhattisgarh (Claimants) 6 - Naushad Raza S/o Seikh Abdul Rehman Aged About 22 Years R/o Khajritap, Thana Bagbahra, District Jashpur, Chhattisgarh (Driver) 7 - Santosh Prasad Gupta S/o Akhaja P.D. Gupta R/o Qt. No. 1470, Kotwa, Sukwasi Para, Tehsil Patthalgaon, District Jashpur, Chhattisgarh (Owner) --- Respondent(s) For Appellant : Mr. Utsav Mahiswar, Advocate. For Respondents No.1 to 5 : Mr. Aditya Khare, Advocate. 4 (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/07/2026 1. Against the impugned award dated 11.01.2018 passed by the Motor Accident Claims Tribunal, Korba District Korba (for short ‘the Claims Tribunal’) in Claim Case No.13/2014, MAC No.829/2018 has been filed by the Insurance Company seeking setting aside of the impugned award and to exonerate it from liability to pay compensation whereas MAC No.1223/2019 has been filed by the claimants seeking enhancement of the amount of compensation. 2. Since common question of law and fact is involved in these Appeals for adjudication, they are clubbed together, heard together and are being disposed of by this common order. 3. Mr. Aditya Khare, learned counsel for the appellants/claimants submits that just and proper compensation has not been paid by the Tribunal and, therefore, the amount of compensation may be suitably enhanced. 4. Mr. Utsav Mahiswar, learned counsel appearing on behalf of the Insurance company would submit that the Tribunal has applied multiplier of 16, whereas, looking to the facts of the case, multiplier of 15 ought to have been applied. As such, the impugned award may be modified accordingly. 5 5. I have heard learned counsel for the parties, considered their submissions made herein-above and went through the records with utmost circumspection. 6. After hearing learned counsel for the parties and after going through the record, this Court is of the opinion that the multiplier of 16 applied by the Claims Tribunal appears to be just and proper. 7. No other point was raised by learned counsel for the Insurance Company. 8. However, considering the facts and circumstances of the case, this Court is of the opinion that the Claims Tribunal has wrongly assessed the monthly income of the deceased at Rs.5,200/- per month, whereas as per the minimum wages at the relevant point of time, monthly income of the deceased should have been assessed at Rs.6,000/-. Considering the facts and circumstances of the case and also in view of the minimum wages at the relevant point of time, it would be appropriate to enhance award amount by taking monthly income of the deceased at Rs.6,000/-. As such, the claimants will be entitled for the following compensation as computed by this Court:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income per month Rs.5,200/- Rs.6,000/- 2. Yearly income Rs. 5,200 x 12 = Rs.62,400/- Rs.6,000 x 12 = Rs.72,000/- 3. Future prospects Rs.81,120/- Rs.93,600/- 6 4. ¼ deduction Rs.60,840/- Rs.70,200/- 5. Multiplier 16 16 6. Loss of dependency Rs.9,73,440/- Rs.11,23,200/- 7. Towards other heads Rs.5,50,000/- Rs.5,50,000/- 8. For Funeral Rs.25,000/- Rs.25,000- Total Compensation Rs.15,50,000/- Rs.16,98,200/- 9. In view of the aforesaid analysis, the amount of compensation of Rs.15,50,000/- awarded by the Claims Tribunal is enhanced to Rs.16,98,200/-. Hence, after deducting the amount of Rs.15,50,000/-, the claimants are held to be entitled to an additional amount of Rs.1,48,200/-. The Insurance Company is directed to deposit the amount of compensation within a period of 45 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 10. In the result, the Appeal preferred by the Insurance Company is dismissed and the Appeal filed by the claimants is allowed to the extent indicated above. Sd/- (Sanjay K. Agrawal) Judge Barve