KHEMLAL PAIKARA vs RAMBHA KUSHWAHA Advocate - Nishi Kant Sinha, ,SHAKTI RAJ SINHA,PAVAS SHARMA — MAC/882/2025

Disposed: Contested--DISMISSED on 05th May 2026.

Case disposed

CNR: CGHC010149172025

Filing Number

MAC/8405/2025

Filing Date

16-Apr-2025

Registration No

MAC/882/2025

Registration Date

17-Apr-2025

Judge

Hon'ble Shri Justice Sachin Singh Rajput

Coram

Hon'ble Shri Justice Sachin Singh Rajput

Bench Type

Single Bench

Category

COMPENSATION MATTERS ( 12 )

Sub-Category

DRIVER / OWNERS LIABILITY MATTERS. ( 1203 )

Judicial Branch

Civil Section

Decision Date

05-May-2026

Nature of Disposal

Contested--DISMISSED

Last updated 05-Jun-2026

Petitioner(s)

  1. 1.KHEMLAL PAIKARA

    Adv. ANIL KUMAR GULATI

  2. 2.Dalpat Ram Paikara

Respondent(s)

  1. 1.RAMBHA KUSHWAHA Advocate - Nishi Kant Sinha, ,SHAKTI RAJ SINHA,PAVAS SHARMA

  2. 2.Yash Kushwaha

  3. 3.Ajay Kushwaha

  4. 4.Smt. Sushila Kushwaha

Case History

  1. Case disposedDisposed

  2. 05-May-2026

    Hon'ble Shri Justice Sachin Singh RajputView PDF

    Case Summary: MAC No. 882/2025 Court Decision: The High Court of Chhattisgarh dismissed the appellants' appeal and upheld the Motor Accident Claims Tribunal's award of Rs. 15,69,400 compensation. The court rejected arguments that the compensation was excessive or that contributory negligence should reduce liability, finding the Tribunal's income assessment and application of Supreme Court precedents in Pranay Sethi and Sarla Verma to be reasonable and justified. Key Facts: A 26-year-old man (Ashish Kumar Kushwaha) died when a motorcycle driven recklessly by appellant Khemlal Paikara collided with his motorcycle in March 2020. The appellants claimed the deceased was also negligent, but the Tribunal found the driver solely liable, awarding compensation to the deceased's widow, minor son, and parents based on assessed monthly income of Rs. 7,000 plus 40% future prospects. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 22-Apr-2025

    Hon'ble Shri Justice Rakesh Mohan PandeyView PDF

  4. 22-Apr-2025

    Fresh Matters

    Hon'ble Shri Justice Rakesh Mohan Pandey

  5. 16-Apr-2025

    Case filed

    Registration No. MAC/882/2025

casestatus.in Summary

Case Summary: MAC No. 882/2025 Court Decision: The High Court of Chhattisgarh dismissed the appellants' appeal and upheld the Motor Accident Claims Tribunal's award of Rs. 15,69,400 compensation. The court rejected arguments that the compensation was excessive or that contributory negligence should reduce liability, finding the Tribunal's income assessment and application of Supreme Court precedents in Pranay Sethi and Sarla Verma to be reasonable and justified. Key Facts: A 26-year-old man (Ashish Kumar Kushwaha) died when a motorcycle driven recklessly by appellant Khemlal Paikara collided with his motorcycle in March 2020. The appellants claimed the deceased was also negligent, but the Tribunal found the driver solely liable, awarding compensation to the deceased's widow, minor son, and parents based on assessed monthly income of Rs. 7,000 plus 40% future prospects. This case analysis is maintained by casestatus.in based on publicly available court records.

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