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2025 DAILYLAW 12446 (CHH)

BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED v. CHAMRIN BAI

MAC/629/2019 · 2025-06-09

Shri Parth Prateem Sahu

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Judgment text

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1 2025:CGHC:22794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 629 of 2019 1 - Branch Manager, United India Insurance Company Limited Sitamani Korba, District- Korba, Chhattisgarh............(Insurer), District : Korba, Chhattisgarh ... Appellant Versus 1 - Chamrin Bai Wd/o Late Shri Pardeshiram Rajak Aged About 43 Years R/o Shanti Nagar, Rajgamar, Disrtict- Korba, Chhattisgarh...............(Claimant No.1), District : Korba, Chhattisgarh 2 - Manish Kumar S/o Bisun Dev Singh Aged About 30 Years R/o Shanti Nagar, House Of Deepak Sahu, Bankimongra, District- Korba, Chhattisgarh............(Non- Applicant No.1), District : Korba, Chhattisgarh 3 - Kurban Mohammad S/o Nasruddin R/o Suklakhar, Police Station Bankimongra, District- Korba, Chhattisgarh..............(Non-Applicant No.2), District : Korba, Chhattisgarh ... Respondents For Appellant : Mr. Raj Awasthi, Advocate For Respondents : None, though served. S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 10/06/2025 1. This appeal is filed by the appellant Insurance Company challenging the impugned award passed by the learned Claims Tribunal in its award dated 27.08.2018 passed by the Additional Motor Accident Claims Tribunal, Katghora, District – Korba (C.G.) in M.A.C.C. No. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 23/2017 whereby, the learned Claims Tribunal has awarded Rs. 30,80,840/- as amount of compensation to the respondents. 2. Facts of the case in brief are that, on 07.03.2017 at about 08:40 P.M., when the appellant was traveling on his motorcycle bearing registration no. CG 12 AJ 1149 and reached near Arda Square, the offending Trailor bearing registration no. CG 12 AS 1169 driven by the Respondent No. 2 dashed the appellant’s vehicle and caused accident. In the said accident, appellant suffered serious injuries and thereafter, he died on the spot. 3. Learned counsel for appellant submits that though multiple grounds have been raised in this appeal, however, he is pressing this appeal only on the quantum of compensation as awarded by the learned Claims Tribunal to be on higher side. He contended that the learned Claims Tribunal erred in awarding excessive amount of compensation in the facts of the case. 4. I have heard learned counsel for the appellant and perused the records of the claim case. 5. Learned Claims Tribunal on appreciation of the pleadings and evidence available on record has recorded a finding that on the date of accident, the deceased was 22 years of age, as mentioned in the postmortem report (Ex. P/9) and further, considered Ex. P/11 with respect to the date of birth as mentioned therein as 29.04.1996 and according to which, on the date of accident, the age of the deceased was 20 years 10 months and 08 days. 6. Learned Claims Tribunal further has considered the salary slip (Ex. P/10) for assessing the income of the deceased as Rs. 18,129.90/- (rounded off as Rs. 18,130/-) and accordingly, computed the amount of compensation of Rs. 28,45,840/-. 3 7. Learned counsel for the appellant could not be able to point out as to how, the amount of compensation awarded is excessive. In view of the above, I do not find any good ground to interfere with the impugned award passed by the learned Claims Tribunal. Accordingly, the appeal is dismissed being sans merit. 8. Certified copy as per rules. Sd/-/--------/--/- (Parth Prateem Sahu) Judge Dey