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2020 DAILYLAW 607 (CHH)

BRANCH MANAGER v. SMT. INDU DEVI

MAC/284/2020 · 2026-06-29

Shri Sanjay K Agrawal

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1 MAC No. 284 of 2020 2026:CGHC:26529 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 284 of 2020  Branch Manager The New India Insurance (Correct Name As Assurance) Company Limited, Akashvani Road, Jagdalpur, District- Bastar, Chhattisgarh. ... Appeal versus 1. Smt. Indu Devi Wd/o Late Manish Singh Aged About 37 Years R/o Nearby Vidya Jyoti School, Geedam Road, Danteshwari Ward No.20, Jagdalpur, District- Bastar, Chhattisgarh. 2. Abhisehk Kumar S/o Late Manish Singh Aged About 20 Years; 3. Anupam Kumar S/o Late Manish Singh Aged About 16 Years (Minor) 4. Subham Kumar S/o Late Manish Singh Aged About 13 Years (Minor) Respondents No.3 & 4 are minor Through Natural Guardian Mother Smt. Indu Devi; Respondents No.2 to 4 are R/o Nearby Vidya Jyoti School, Geedam Road, Danteshwari Ward No. 20, Jagdalpur, District- Bastar, Chhattisgarh. 5. Nawal Singh S/o Late Ramawatar Singh Aged About 66 Years R/o Nearby Vidya Jyoti School, Geedam Road, Danteshwari Ward No.20, Jagdalpur, District- Bastar, Chhattisgarh. 6. Smt. Meena Devi W/o Nawal Singh Aged About 64 Years R/o Nearby Vidya Jyoti School, Geedam Road, Danteshwari Ward ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 284 of 2020 No.20, Jagadalpur, District- Bastar, Chhattisgarh (Claimants). 7. Pankaj Kumar Netam S/o Sunaram Netam Aged About 28 Years Through Ramesh Singh S/o Mansingh, Owner Of Vehicle, Old Bus Stand, Tahsil And District- Bijapur, Chhattisgarh (Driver Of Offending Vehicle). 8. Ramesh Singh S/o Mansingh Aged About 60 Years Owner Of Vehicle R/o Old Bus Stand, Tahsil And District Bijapur, Chhattisgarh. ... Respondents For Appellant :- Mr. Pankaj Agrawal, Advocate. For Respondents No.7 & 8 :- Mr. Siddharth Rathod, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 30.06.2026 1. This appeal has been filed by the appellant/Insurance Company under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) against the impugned award dated 22.11.2019 passed by the 2nd Additional Motor Accident Claims Tribunal, Jagdalpur, District Bastar, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 168/2017 whereby the Claims Tribunal allowed the claimants’ application and awarded a sum of 34,93,452/- ₹ as compensation along with interest. 2. Mr. Pankaj Agrawal, learned counsel for the appellant, would submit that the compensation claimed by the claimants was to the tune of 33,50,000/-, whereas, the claims Tribunal ₹ 3 MAC No. 284 of 2020 has awarded ₹34,93,452/- to the claimants which is on higher side, therefore, the compensation amount is liable to the reduced. 3. Mr. Siddharth Rathod, learned counsel for respondents No.7 & 8, would submit that the owner and driver are not liable to pay the compensation amount. 4. I have heard learned counsel for the parties, considered their submission and gone through the records with utmost circumspection. 5. It is well settled law that function of the Claims Tribunal is to award just and proper compensation to the claimants irrespective of amount claimed in the application or by the claimants. Also the compensation awarded after the due assessment of the material available on record which is more than compensation claimed in the application and the same can be said to be just and proper compensation. In that view of the matter, I do not find merit in the present appeal, accordingly the same is dismissed. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit