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2026 DAILYLAW 28665 (CHH)

SMT. PRAMILA BAI DEWANGAN v. BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LIMITED

MAC/1704/2026 · 2026-07-21

Shri Sanjay Kumar Jaiswal

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Judgment text

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1 CGHC010279322026 2026:CGHC:31152 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1704 of 2026 1 - Smt. Pramila Bai Dewangan W/o Hemlal Dewanan Aged About 41 Years R/o Village Guru Ghasidas Nagar, House No. 150, Ward No. 33, Sector- 11, Zone- 02, Bhilai, Tahsil And District Durg (C.G.) 2 - Hemlal Dewangan S/o Guharam Dewangan Aged About 42 Years R/o Village Guru Ghasidas Nagar, House No. 150, Ward No. 33, Sector- 11, Zone- 02, Bhilai, Tahsil And District Durg (C.G.) ... Appellants versus Bajaj Alliance General Insurance Company Limited Through Branch Manager, Branch Office Second Floor, Shiv Mohan Bhawan, Vidhan Sabha Road, Pandri, Raipur District Raipur (C.G.) (Insurer Of Alleged Vehicle Motor Cycle Bearing Registration No. C.G.07-AD-1704) ... Respondent(s) For Appellants : Mr. S. P. Sahu, Advocate For Respondent : -- Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (22.07.2026) 1. Heard on admission. BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.24 11:08:49 +0530 2 2. 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 25.04.2026, passed in MACT No.220/2025, whereby the Claims Tribunal has awarded a total sum of Rs.17,08,713/- as compensation for the death of Anand Kumar Dewangan, who died in a road accident that took place on 21.03.2025. 3. Learned counsel appearing for the appellants/claimants submits that the Tribunal has committed a manifest error in assessing the monthly income of the deceased at Rs.10,428/- whereas it should have been Rs.10,656/- in view of the prevailing minimum wages. It is, therefore, prayed that the impugned award be modified by suitably enhancing the compensation awarded by the learned Tribunal. 4. I have heard learned counsel for the appellants and perused the entire record with due care and circumspection. 5. The accident in question occurred on 21.03.2025. Though it has been pleaded that the deceased was earning Rs.15,000– 16,000/- per month by undertaking contractual work in the Bhilai Steel Plant, no documentary evidence has been adduced to substantiate the said assertion. In the absence of any reliable evidence regarding the actual income of the deceased, learned Tribunal assessed his monthly income at Rs.10,428/- on the basis of the prevailing minimum wages. As on the date of the accident, i.e., 21.03.2025, the minimum wages for an unskilled labourer were Rs.10,428/- per month. Accordingly, this Court finds no infirmity or illegality in the assessment of the monthly income of the deceased by the Tribunal. 3 6. Thus, considering the date of the accident, the age of the deceased, the number of dependants, and the principles laid down by the Hon'ble Supreme Court in 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 of the considered opinion that the compensation awarded by the Claims Tribunal is just, fair and reasonable and does not warrant any interference. 7. Accordingly, the appeal being devoid of merit is hereby dismissed at admission stage. 8. No order as to costs. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130