1 MAC No. 606 of 2019 CGHC010099952019 2026:CGHC:28440 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 606 of 2019 1. Divya Rathore W/o Late Amit Rathore, Aged About 29 Years; 2. Janhavi Rathore D/o Late Amit Rathore, Aged About 9 Years; 3. Deepanshu Rathore S/o Late Amit Rathore Aged About 5 Years; Appellants No.2 & 3 are Minor Represented Through Mother Divya Rathore W/o Late Amit Rathore; 4. Deenbandhu Rathore S/o Late Alakh Ram Rathore, Aged About 56 Years; 5. Vrinda Bai W/o Deenbandhu Rathore, Aged About 53 Years; All by caste – Rathore, R/o Village Saragaon, Police Sation Saragaon, Tahsil Champa, District Janjgir Champa Chhattisgarh. ... Appellants versus  Tata A.I.G. Insurance Company Limited Through Branch Manager, Branch Office Main Road, Vyapar Vihar Bilaspur, District Bilaspur Chhattisgarh. ... Respondent For Appellants :- Mr. Utkarsh Patel appears on behalf of Mr. P.K. Patel, Advocate. For Respondent :- Mr. Sourabh Gupta, appears on behalf of Mr. Sourabh Sharma, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 606 of 2019 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 09.07.2026 1. This appeal has been filed by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) seeking enhancement in the compensation amount awarded by the impugned award dated 01.08.2018 passed by the Motor Accident Claims Tribunal, Janjgir-Champa, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 01/2018, whereby the Claims Tribunal allowed the claimants’ application and awarded 1,00,000/- along with interest for ₹ death of Amit Kumar Rathore. 2. Mr. Utkarsh Patel, learned counsel for the appellants/claimants, would submit that the compensation awarded by the Claims Tribunal is on lower side and the same is liable to be enhanced. 3. Mr. Sourabh Gupta, learned counsel for the respondent/Insurance Company, would oppose the prayer made by learned counsel for the appellant and support the impugned award. He would also submit that the Claims Tribunal has rightly awarded 1,00,000/- to the claimants ₹ as, as per the Insurance Policy (Ex. NW-1) P.A. cover for owner and driver to the tune of 1,00,000/- and same has ₹ been awarded by the Claims Tribunal as the deceased was 3 MAC No. 606 of 2019 the owner of the vehicle and was driving himself on the date of accident. 4. Having heard learned counsel for the parties, considered their rival submission made herein above and after going through the records, it appears that premium of 50/- for personal ₹ accident for the owner and driver has been paid by the deceased, who was the owner and driver of the offending vehicle, and in insurance policy personal accident was covered for owner-driver to the tune 1,00,000/- which has ₹ already been awarded by the Claims Tribunal along with interest to the claimants. In that view of the matter, I do not find any merit in the instant appeal, accordingly, the same is dismissed. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit