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2019 DAILYLAW 1209 (CHH)

SMT. MANDAKANI CHANDRAKAR v. VARUN TANDI

MAC/483/2019 · 2026-03-24

Shri Sanjay K Agrawal

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Judgment text

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(MAC No.483/2019) 2026:CGHC:14326 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 483 of 2019 1. Smt. Mandakani Chandrakar, W/o Late Yashwant Chandrakar, aged about 30 years, 2. O.C. Chandrakar, S/o Late Yashwant Chandrakar, aged about 7 years, 3. Smt. Sushila Chandrakar, W/o Shri Gayalal Chandrakar, aged about 68 years, 4. Gayalal Chandrakar, S/o Late Parasram Chandrakar, aged about 78 years, Appellant No.2 Minor through legal guardian Mother All are resident of Kanchan Ganga, Phase-2, Behind Ravishanker University, Danganiya, Raipur, District Raipur, Chhattisgarh. (Claimants) ... Appellants versus 1. Varun Tandi, S/o Kirtan Tandi, R/o Madrasa Road, Baijnathpara, Oriya Basti, Raipur, District Raipur, Chhattisgarh (Driver of offending Car bearing registration No.CG-04/TA-0892) 2. Suknandan Banjare, S/o Satruhan Banjare, R/o Near Shiv Kirana Stores, Adarsha Nagar, Mowa, Raipur, District Raipur, Chhattisgarh. (Owner of offending vehicle Car bearing registration No.CG-04/TA- 0892) 3. The United India Insurance Company Limited, through Divisional Manager, Divisional Office, Krishna Complex, In front of Kachchari, Raipur, District Raipur, Chhattisgarh. (Insurer of offending vehicle Car bearing registration No.CG-04/TA- 0892) ... Respondents SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.03.27 10:30:44 +0530 (MAC No.483/2019) For Appellants : Mr. Kunal Das, Advocate. For Respondents : None present. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 25/03/2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 23-1-2018 passed by the 4th Additional Motor Accident Claims Tribunal, Raipur in Claim Case No.624/2014, whereby the learned Claims Tribunal has awarded a total sum of ₹ 29,92,990/- as compensation for the death of Yashwant Chandrakar, who was doing the work of supplying building material, aged about 36 years at the time of incident. The appellants herein/claimants are wife, son and parents, respectively, of deceased Yashwant Chandrakar. 2. Mr. Kunal Das, learned counsel appearing on behalf of the appellants herein/claimants, would submit that the amount of compensation awarded is on lower side. 3. None present for the respondents. 4. I have heard learned counsel for the appellants herein/claimants and considered his submission and also gone through the record with utmost circumspection. Page 3 of 3 (MAC No.483/2019) 5. The learned Claims Tribunal after assessing the yearly income of the deceased to be ₹ 1,85,587/- applied the multiplier of 15 and awarded following compensation: - Ø- en jkf’k 1- okf”kZZd vk; 1]85]587 2- Lo;a ds [kpZ ds en esa dVkSrh 1@4 Hkkx 46]397 3- okf”kZd vkfJrrk ¼1&2½ 1]39]190 4- eqqrd dh vk;q 35 o”kZ gksus ds vk/kkj ij 15 dk xq.kkad ¼1]39]190 x 15½ 20]87]850 5- Hkfo”; dh vk; dh laHkkouk 40 izfr’kr ¼20]87]850 x 40 izfr’kr½ 8]35]140 6- vaR;ks”Vh ds en esa 15]000 7- lgp;Z ds en esa 40]000 8- laink dh gkfu ds en esa 15]000 Dqy {kfriwfrZ jkf’k 29]92]990 6. No perversity could be pointed out by the learned counsel for the appellants warranting enhancement in the amount of compensation under award. As such, the amount of compensation awarded by the learned Claims Tribunal is in accordance with law. As such, after hearing learned counsel for the appellants at length, I do not find any merit in this appeal, it deserves to be and is accordingly dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) Judge Soma