Extracted from the PDF above. The PDF is authoritative.
1 MAC No. 724 of 2020
2026:CGHC:22864
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 724 of 2020 Branch Manager, The New India Insurance (Correct Name As Assurance) Company Limited, Branch Office, Raipur Road, Baloda Bazar, District Baloda Bazar, Chhattisgarh. (Insurer Of Offending Truck Bearing No. C.G.-10-C-5323)
... Appellant versus
1. Rafiq Khan S/o Hafiz Khan, Aged About 49 Years;
2. Rizwan Bano W/o Rafiq Khan, Aged About 43 Years;
3. Aysha Bano D/o Rafiq Khan, Aged About 22 Years; All are R/o Pandripani (Suti Urkuli) Police Station Bilaigarh, District Balodabazar-Bhatapara, Chhattisgarh. 4. Nemchand Yadav S/o Shyamlal Yadav, Aged About 30 Years, R/o Village Basaiha, Police Station Rajendragram, District Anuppur, M.P., Presently Residing Vishnu Chowk Tifra Bilaspur, District Bilaspur, Chhattisgarh. (Driver Of Offending Truck Bearing No. C.G.-10-C-5323) (Non Applicant No. 1). 5. Karan Vishwakarma S/o Ashok Vishwakarma, Aged About 24 Years, R/o Vishnu Chowk Tifra Bilaspur, District Bilaspur, Chhattisgarh. (Registered Owner Of Offending Truck Bearing No. C.G.-10-C-5323) (Non-Applicant No. 2). 6. Hajir Ali S/o Haidar Ali aged about 47 years, R/o Musalman Mohalla Nagar Panchayat Bhatgaon, P.S. & Tahsil Bilaigarh, ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH
2 MAC No. 724 of 2020 District Baloda Bazar-Bhatapara, Chhattisgarh. (Non-Applicant No.4). 7. Insurance Company HDFC Agro Insurance Co. Ltd. Branch Office, 3rd Floor, Chawla Complex, Devendra Nagar, Sai Nagar Raipur 492001, District Raipur, Chhattisgarh. (Insurer of offending Pickup No. C.G.-22-C-0174). ... Respondents For Appellant :- Ms. Swati Agrawal, Advocate, appears on behalf of Mr. Pankaj Agrawal, Advocate. For Respondents :- None. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 14.05.2026 1.This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/Insurance Company against the impugned award dated 20.11.2019 passed by the Motor Accident Claims Tribunal, Baloda Bazar-Bhatapara, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 111/2018 whereby learned Claims Tribunal has allowed the claimants’ application and awarded a sum of ₹12,34,600/- as compensation along with interest for death of Arbaz Khan. 2.Ms. Swati Agrawal, learned counsel for the appellant, would make solitary submission that the deceased was bachelor and, therefore, ½ deduction has to be made towards the personal expenses
3 MAC No. 724 of 2020 whereas, the Claims Tribunal has deducted 1/3 towards the personal expenses of the claimants which is liable to be set aside.
3.None for the claimants and other respondents in two rounds, though served. 4.Having heard learned counsel for the appellant and after going through the records, it appears that the deceased was bachelor and on account of which ½ deduction should be made towards the personal expenses. However considering the facts and circumstances of the case as there are three claimants and the compensation awarded by the Claims Tribunal is on lower side and also there is no cross objection filed on behalf of claimants, I am not inclined to interfere with the impugned award passed by the Claims Tribunal, as such, the instant appeal deserves to be and is accordingly, dismissed. No cost(s). Sd/-
(Sanjay K. Agrawal)
Judge Ankit