TATA AIG GENERAL INSURANCE COMPANY LIMITED v. SMT. BUCHKI BAGHEL
MCC/116/2026 · 2026-07-22
Shri Rakesh Mohan Pandey
body2026
DailyLaw.ai
[ 2026 DAILYLAW 28816 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 28816 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
CGHC010013962026
2026:CGHC:31529
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 116 of 2026 1 - Tata Aig General Insurance Company Limited Through Branch Manager, Branch Office, Peninsula Business Park, Tower-A 15 Floor, G.K. Marg, Lower Parel Mumbai 400013 (M.H.) (Insurer) Present And Correct Address Jeet Plaza, Second Floor, Bilaspur Road, Fafadih Chowk, Raipur Chhattisgarh (Respondent No. 3)
... Petitioner(s) versus 1 - Smt. Buchki Baghel Wd/o Late Budhram Baghel Aged About 38 Years R/o Village Murtunda, Kankipara, Post Jirampal District Sukma, Chhattisgarh 2 - Ku. Kamla Baghel D/o Late Budhram Baghel Aged About 18 Years R/o Village Murtunda, Kankipara, Post Jirampal District Sukma, Chhattisgarh 3 - Mahesh Baghel S/o Late Budhram Baghel Aged About 14 Years Minor, Through Its Guardian Mother Respondent No. 1 Smt. Buchki Baghel, R/o Village Murtunda, Kankipara,
Post
Jirampal
District
Sukma,
Chhattisgarh 4 - Umesh Baghel S/o Late Budhram Baghel Aged About 12 Years Minor, Through Its Guardian Mother Respondent No. 1 Smt. Buchki Baghel, R/o Village Murtunda, Kankipara,
Post
Jirampal
District
Sukma,
Chhattisgarh 5 - Ku. Gayatri Baghel D/o Late Budhram Baghel Aged About 10 Years Minor, Through Its Guardian Mother Respondent No. 1 Smt. Buchki Baghel, R/o Village Murtunda, Kankipara, Post Jirampal District Sukma, Chhattisgarh 6 - Ku. Saroj Baghel D/o Late Budhram Baghel Aged About 8 Years Minor, Through Its Guardian Mother Respondent No. 1 Smt. Buchki Baghel, R/o Village Murtunda, NIRMALA RAO
2 Kankipara,
Post
Jirampal
District
Sukma,
Chhattisgarh 7 - Arjun Baghel S/o Late Budhram Baghel Aged About 6 Years Minor, Through Its Guardian Mother Respondent No. 1 Smt. Buchki Baghel, R/o Village Murtunda, Kankipara,
Post
Jirampal
District
Sukma,
Chhattisgarh 8 - Arvind Baghel S/o Late Budhram Baghel Aged About 3 Years Minor, Through Its Guardian Mother Respondent No. 1 Smt. Buchki Baghel, R/o Village Murtunda, Kankipara,
Post
Jirampal
District
Sukma,
Chhattisgarh 9 - Smt. Aayti Wd/o Late Chinga Baghel Aged About 60 Years R/o Village Murtunda, Kankipara,
Post
Jirampal
District
Sukma,
Chhattisgarh 10 - Jogaram Kodopi S/o Bhima Kodopi Aged About 36 Years R/o Village Sameli, Patel Para, P.S. Kuakonda, Post Bhansi District Dantewada Chhattisgarh (Driver Of The
Vehicle)
(Respondent
No.
1) 11 - Umesh Sundam S/o Shri Hunga Sundam Aged About 32 Years R/o Tarlaguda, Post Jagargunada Tahsil Konta, District Sukama, Chhattisgarh (Resp. No. 2)
... Respondent(s) For Petitioner : Shri Sourabh Sharma, Advocate.
For Respondent/s : Shri Abhishek Nirala, Advocate holding the brief of Shri P.K. Tulsyan, Advocate. Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 23.07.2026
1.
Learned counsel for the petitioner would submit that the order passed in MAC No.299 of 2024 contains clerical and arithmetical errors in the computation of the amount of compensation. He would contend that the learned Tribunal had granted Rs.77,000/- to the claimants towards loss of estate, loss of consortium and funeral expenses and at the same time, also awarded Rs.40,000/- each to the wife, the minor children and the mother of the deceased towards loss of consortium. He would further contend that this Court assessed the amount payable
3 towards loss of consortium at Rs.3,96,000/- and that the claimants are entitled for the said amount under that head. Thus, the calculation requires reconsideration/ correction.
2. On the other hand, learned counsel appearing for respondents No.1 to 9 would endorse the submissions made by counsel for the petitioner.
3. I have heard learned counsel for the parties and perused the documents present on record.
4. Having considered the submissions made by counsel for the petitioner, it is apparent that, from perusal of the application for compensation made in MAC No.299 of 2024, the amount already awarded by the learned Tribunal towards loss of consortium was, by mistake, not adjusted against the amount awarded under the said head by this Court. Accordingly, the compensation is recomputed herein below: Particulars Computation Income 8,860 x 12 1,06,320/- Add Future prospect 25% i.e. 26,580/- 1,32,900/- Deduction 1/5 i.e. 26,580/- 1,06,320/- Multiplier i.e. 15 15,94,800/- Loss of estate 16,500/- Funeral Expenses 16,500/- Loss of consortium for claimants No.1 to 9 i.e. 44,000/- x 9 3,96,000/- Total 20,23,800/-
5. This order shall be part of the order passed in MAC No.299 of 2024.
6. With the aforesaid observation(s), this MCC is disposed of. Sd/-
(Rakesh Mohan Pandey)
Judge Nimmi