The High Court of Chhattisgarh has enhanced the compensation awarded to the family of a man who died in a 2017 road accident, observing that the Motor Accident Claims Tribunal failed to properly calculate future prospects and consortium compensation.
Background of the Case
The case, Smt. Durga Mishra vs Ramesh Tiwari, came before the High Court through appeals filed under Section 173 of the Motor Vehicles Act, 1988 against the award passed by the Motor Accident Claims Tribunal in 2018. The claimants sought enhancement of compensation for the death of Dinesh Kumar Mishra in a road accident that occurred on August 16, 2017, while the insurance company challenged the liability and calculation of compensation.
The Tribunal had awarded ₹16.90 lakh in 2018. However, the claimants challenged the amount before the High Court, arguing that future income prospects and consortium compensation for all dependents were not properly considered. The insurance company also filed an appeal, claiming the compensation granted was excessive.
Justice Sanjay K. Agrawal examined the rival submissions and referred to key Supreme Court rulings including National Insurance Company Ltd. v. Pranay Sethi, Sarla Verma v. Delhi Transport Corporation, and Magma General Insurance Co. Ltd. v. Nanu Ram.
The Court recalculated the compensation by taking the deceased’s monthly income as per the minimum wages notification and adding 40% towards future prospects.
“The amount of compensation awarded by the Claims Tribunal is enhanced to Rs.22,84,740/-,” the Court observed while modifying the earlier award.
The Court also increased compensation under the head of consortium from ₹40,000 to ₹2.40 lakh for the dependents.
The High Court enhanced the total compensation from ₹16.90 lakh to ₹22.84 lakh and directed the concerned respondent to deposit the additional amount of ₹5.94 lakh within 45 days.
The Court further ordered that the enhanced amount would carry 9% annual interest from the date of filing of the claim petition until realization. Both appeals were disposed of with modification in the award.
Case Detials:
Case Title: Smt. Durga Mishra vs Ramesh Tiwari
Case Number: MAC No. 889 of 2019 with MAC No. 890 of 2019
Judge: Justice Sanjay K. Agrawal
Decision Date: May 8, 2026
