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2019 DAILYLAW 1305 (CHH)

MUNIR AHMAD KHAN (Died) Through Lrs. v. Praveen Sharma

MAC/1462/2019 · 2026-06-30

Shri Sanjay K Agrawal

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1 MAC No. 1462 of 2019 2026:CGHC:26913 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1462 of 2019 1. Munir Ahmad Khan (Died) Through Lrs. (As Per Hon'ble Court Order Dated 08-10-2024) 1.1 - Julekha Bano W/o Late Munir Ahmad Khan, Aged About 43 Years; 1.2 - Sana Bano D/o Munir Ahmad Khan, Aged About 24 Years; 1.3 - Reshma Bano D/o Munir Ahmad Khan, Aged About 20 Years; 1.4 - Rehan Khan S/o Munir Ahmad Khan, Aged About 16 Years; Appellant No.1.4 being Minor Through Natural Guardian Mother Julekha Bano W/o Late Munir Ahmad Khan, aged about 43 years; All are R/o Ward No. 7, Chiwahan Gali, Shitalapara, District Uttar Baster Kanker, Chhattisgarh. ... Appellants versus 1. Praveen Sharma S/o Suresh Sharma, Aged About 35 Years, R/o Naya Chagorabhat Thana D.D. Nagar, Raipur, District - Raipur, Chhattisgarh..... (Driver) 2. Ashok Verma S/o S.R. Verma R/o Provision Store, Vikas Vihar Colony, Raipur, District- Raipur, Chhattisgarh.... (Owner) 3. ICICI Lombard General Insurance Company Limited Through Branch Manager, ICICI Lombard House 414, Vir Sarvkar Marg, Near Siddhi Vinayak, Prabhadevi Mumbai, 400025.... (Insurer). ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 1462 of 2019 4. Ikram Khan S/o R Khan R/o Shitla Para, Kanker, Thana And District - Kanker, Chhattisgarh....(Driver). 5. Smt. Jamila Bano W/o Mohd Rahim R/o Shitlapara, Kanker, Thana And District - Kanker, Chhattisgarh...... (Owner). 6. National Insurance Co. Ltd Through Branch Manager, Shanti Chabi Tower, First Floor, Sirhasar Chowk, Power House Road, Jagdalpur, District - Bastar, Chhattisgarh.......(Insurer). ... Respondents For Appellants :- Ms. Bhavika Kotecha, Advocate. For Respondent No.3 :- Mr. Animesh Pathak, Advocate. For Respondent No.6 :- Mr. Anil Gulati, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 01.07.2026 1. This appeal has been filed by the appellant/injured claimant (in the present appeal represented through his legal heirs) under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) seeking enhancement in the compensation amount, against the impugned award dated 30.04.2019 passed by the Chief Motor Accident Claims Tribunal, Uttar Bastar, Kanker, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 54/2018, whereby the Claims Tribunal allowed the claimant’s application and awarded 3,09,854/- ₹ along with interest. 2. Ms. Bhavika Kotecha, learned counsel for the appellant, would submit that compensation amount awarded by the Claims Tribunal is on lower side and the lump sum amount 3 MAC No. 1462 of 2019 is liable to be enhance to make the compensation just and proper. She would also submit that under the head of pain and suffering 50,000/- is required to be enhanced. ₹ 3. Mr. Animesh Pathak and Mr. Anil Gulati, learned counsels for respondents No.3 & 6, respectively, would submit that the Insurance companies are not liable to pay the compensation amount. 4. Having heard learned counsel for the parties and after going through the records, I am of the considered opinion to enhance 50,000/-, in the compensation amount awarded by ₹ the Claims Tribunal to make it just and proper, meaning thereby the total compensation amount would be ₹3,59,854/- ( 3,09,854 + 50,000) ₹ . However, the other direction contained in the impugned award shall remain as it is and the same is applicable on the amount enhanced by this Court. 5. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit