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2026 DAILYLAW 36240 (CHH)

JAGDISH KORRAM v. RAMESHWAR DEEWAN

MAC/1112/2023 · 2026-09-20

Shri Sanjay Kumar Jaiswal

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Judgment text

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1 CGHC010191162023 2026:CGHC:41072 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1112 of 2023 1 - Jagdish Korram S/o Pandruram Korram, Aged About 53 Years R/o Khalepara Hathkali, Tahsil And District Kondagaon Chhattisgarh. 2 - Rakesh Kumar S/o Jagdish Korram, Aged About 17 Years Minors Through Their Natural Guardian Father I.E. Jagdish Korram R/o Khalepara Hathkali, Tahsil And District Kondagaon Chhattisgarh. 3 - Mahendra S/o Jagdish Korram, Aged About 11 Years Minors Through Their Natural Guardian Father I.E. Jagdish Korram R/o Khalepara Hathkali, Tahsil And District Kondagaon Chhattisgarh. ... Petitioners versus 1 - Rameshwar Deewan S/o Ramdas Deewan, Aged About 29 Years R/o Ghodagaon Badepara, Police Station And District Kondagaon Chhattisgarh (Driver) 2 - Ramchandra Kashyap S/o Mangluram Kashyap, R/o Village Mardapal, Police Station Mardapal, Tahsil And District Kondagaon Chhattisarh. (Owner) 3 - Cholamandalam M.S. General Insurance Company Limited, Through Branch Manager, Branch Office L.I.G. Second Floor Simran Tower Pandri Road, Raipur, District Raipur Chhattisgarh. (Insurance Company) ... Respondents For Appellants : Mr. Anil Gulati, Advocate. 2 For Respondent Nos. 1 & 2 : None For Respondent No.3 Ms. Priya Kaiwartya, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (21.09.2026) 1. This is the claimants’ appeal for enhancement against the award dated 15.03.2022 passed by the Additional Motor Accident Claims Tribunal, Kondagaon, District Kondagaon (C.G.) in Claim Case No.55/2019 whereby a compensation amount of Rs. 12,12,825/- has been awarded on account of the death of Raimati Korram, who succumbed to the injuries sustained in a motor vehicle accident that occurred on 11.07.2017. 2. Learned counsel appearing for the appellants submits that the learned Tribunal has wrongly assessed the monthly income of the deceased as Rs.6,206/-, which is at lower side as per the minimum wages prevailing on the date of incident i.e. 11.07.20217 for unskilled labour. Learned counsel, accordingly, prays that the income of the deceased be reassessed at a higher rate and the compensation amount awarded by the learned Tribunal be enhanced accordingly. 3. On the other hand, learned counsel appearing for the respondent No.3-Insurance Company supported the impugned award and submitted that, based on the evidence, the award has rightly been calculated by the claims tribunal and does not warrant any interference. 4. I have heard learned counsel appearing for the parties and perused the record of the Tribunal including award impugned. 5. In the case in hand, the claimants had failed to adduced any evidence with regard to the deceased as unskilled labour. Consequently, the learned Tribunal, after appreciating oral and documentary evidence, has assessed the monthly income of the deceased as Rs.6,206/- for unskilled labour in accordance with the 3 minimum wage notification issued by the Labour Department for the relevant period. Furthermore, considering that the deceased was aged between 36 – 40 years of age bracket, the Tribunal added 40% towards future prospects; looking to the number of claimants (03) deducted 1/3rd of the income towards personal and living expenses and considering the age bracket (36-40 years), applied a multiplier of 15, appropriate for the deceased’s age group. Further, Rs.1,65,000/- under other conventional heads has been awarded. Accordingly, the Tribunal awarded a total compensation of Rs.12,12,825/- in favour of the claimants. 6. Having carefully perused the material on record, this Court is of the considered view that the Tribunal has judiciously appreciated the evidence and there is no evidence to hold that the deceased was a skilled labourer. The quantum of compensation awarded is fair and proper. There is no legal or factual infirmity in the impugned award calling for interference by this Court. 7. Accordingly, the appeal of the appellants is hereby dismissed. Sd/- (Sanjay Kumar Jaiswal) Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.09.21 17:19:45 +0530