The High Court of Chhattisgarh at Bilaspur has increased the compensation awarded to the family of Budhyarin Bai, who died after a collision between a motorcycle and a car on January 2, 2023. In an order dated October 6, 2025, Justice Rakesh Mohan Pandey found that the Motor Accidents Claims Tribunal at Bemetara had under-awarded damages and erred in applying contributory negligence to the pillion rider. The court enhanced the tribunal’s award from ₹3,93,560 to ₹9,38,832 and directed payment of the additional ₹5,45,272 with interest at 6 percent per annum from the date of application until realization.
The dispute reached the High Court after the tribunal originally awarded ₹3,93,560 to the claimants for the death of Budhyarin Bai. The tribunal had applied a 50 percent deduction for contributory negligence and had not granted compensation for future prospects or loss of consortium to two of the claimants. On appeal, the court held that because the deceased was a pillion rider, the tribunal’s finding of contributory negligence was legally unsound. Citing the Supreme Court’s reasoning on composite negligence, the High Court set aside that portion of the tribunal’s order and reworked the compensation calculation.
In revisiting the award, the court accepted the tribunal’s assessment of the deceased’s monthly income at ₹9,960. After annualizing income and allowing the customary deduction for personal and living expenses, the court added a 10 percent allowance for future prospects. Applying a multiplier of nine appropriate given the deceased’s age the court calculated the revised loss of dependency. It also awarded loss of consortium to all three appellants rather than only one, and maintained amounts for funeral expenses and loss of estate. The net result was the enhanced figure of ₹9,38,832.
Beyond the arithmetic, the judgment illustrates two important points for motor accident claims. First, courts will examine whether contributory negligence is properly found when the person claiming compensation was a passenger. Second, tribunals should ensure that heads such as future prospects and loss of consortium are considered before finalizing awards. The High Court’s correction effectively restored those elements here and produced a substantially higher compensation for the family.
The additional amount directed by the court will bear interest at six percent per annum from the date the appellants filed their application, until the sum is realized. The remainder of the tribunal’s terms and conditions remain intact, the court said, and allowed the appeal in part while modifying the impugned award accordingly.
Citations : 2025 Local Law (CG) 832
Case Details : MAC No. 82 of 2024, Devichandra Pardhi and Ors. vs. Sunil Kumar Dewangan and Ors.
Counsels: For Appellant/Petitioner/Plaintiff: Amit Kumar Sahu, Advocate. For Respondents/Defendant: Arvind Kumar and Harneet Kaur, Advocates.
Cases Referred: T.O. Anthony vs. Karvarnan and Ors. (Civil Appeal No. 1082 of 2008 (Arising out of SLP (C) No. 16402 of 2005)
