News Citation : 2026 LN (HC) 61 : 2026:CGHC:3325
Bilaspur, January 20, 2026 : The High Court of Chhattisgarh has dismissed cross appeals filed by the dependants of a deceased truck helper and the insurance company, affirming a compensation award of Rs 14.70 lakh granted by the Motor Accident Claims Tribunal, Jashpur.
The judgment was delivered on January 20, 2026, by Justice Rakesh Mohan Pandey in two connected appeals arising from a fatal road accident that occurred in May 2017. The case related to the death of Santu Ram, who was working as a helper on a truck when it was hit by a trailer near Jashpur, leading to fatal injuries.
The claimants, Santu Ram’s mother and his minor brother, had approached the High Court seeking enhancement of compensation. They argued that the tribunal had wrongly deducted 50 percent of the deceased’s income towards personal and living expenses and that only one third should have been deducted. According to them, the deceased was earning around Rs 9,000 per month and was supporting his family.
The insurance company, on the other hand, challenged the award on a different ground. It claimed that the deceased was only 14 years old at the time of the accident, relying on an Aadhaar card produced at the appellate stage. On that basis, the insurer argued that the tribunal had wrongly treated the deceased as 19 years old and applied an incorrect multiplier while calculating compensation.
Rejecting both challenges, the High Court upheld the tribunal’s reasoning in full. On the issue of deduction towards personal expenses, the Court relied on settled Supreme Court law which holds that where the deceased is a bachelor, 50 percent of the income is normally deducted, as a bachelor is presumed to spend more on himself and may marry in the near future. Since Santu Ram was unmarried and had two dependants, the Court found no error in the tribunal’s approach.
On the question of age, the Court declined to rely on the Aadhaar card produced by the insurer. Referring to authoritative Supreme Court guidance and a circular issued by the Unique Identification Authority of India, the Court reiterated that Aadhaar can establish identity but is not conclusive proof of date of birth. In contrast, the postmortem report placed the age of the deceased at 19 years, and the tribunal was justified in relying on that medical evidence.
Finding no merit in either appeal, the High Court dismissed both cases and confirmed the compensation of Rs 14,70,800 along with interest at six percent per annum, bringing finality to a dispute that has been pending for several years.
Case Reference : MAC No. 589 of 2021 (Smt. Birasmuni Bai and Another v. Vinay Kumar Jain and Others) and MAC No. 814 of 2021 (The New India Assurance Company Ltd. v. Smt. Birasmuni Bai and Others); counsels: for the claimants, Mr. Divyanand Patel, Advocate, holding brief of Mr. Rishikant Mahobia, Advocate, and for the insurance company, Mr. Dashrath Gupta, Advocate.
