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2025 DAILYLAW 14199 (CHH)

JOHAN LAL @ BHISHAM LAL GUPTA v. BALLU PAL

MAC/466/2022 · 2025-09-18

Shri Sanjay K Agrawal

body2025

Judgment text

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(MAC No.466/2022) 2025:CGHC:48317 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 466 of 2022 Johan Lal @ Bhisham Lal Gupta, S/o Late Shri Babulal Gupta, Aged about 61 years, R/o Village and Post Gudha, P.S. Pipariya, Tahsil and District Kabirdham, Chhattisgarh. ... Appellant versus 1. Ballu Pal, S/o Bisambhar Pal, Aged about 39 years, 2. Champabai Pal, W/o Ballu Pal, Aged about 37 years, Both R/o Village Karamtara, Tahsil and District Bemetara, Chhattisgarh. (Claimants 1 and 2) ... Respondents For Appellant : Mr. Amiyakant Tiwari, Advocate. For Respondents : None present, though served. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 19/09/2025 1. The appellant/owner of the offending vehicle has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act of 1988’) calling in question legality, validity and correctness of the impugned award dated 18-2-2020 passed by the Motor Accident Claims Tribunal, Bemetara in Motor Accident Claim SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.09.22 18:44:02 +0530 (MAC No.466/2022) Case No.85/2019, by which the claim application of the claimants/ respondents herein has been allowed and a total sum of ₹ 10,32,985/- has been awarded to the claimants as compensation to be paid by the appellant herein. 2. Mr. Amiyakant Tiwari, learned counsel appearing on behalf of the appellant herein/owner of the offending vehicle, would submit that the quantum of compensation awarded to the claimants is excessively high and deserves to be reduced suitably. 3. None present for the respondents herein/claimants, though served. 4. I have heard learned counsel for the appellant herein and considered his submissions and also went though the record with utmost circumspection. 5. However, after hearing learned counsel for the appellant and on going through the record, it appears that the deceased was aged about 21 years at the time of incident and was earning ₹ 8,500/- per month and accordingly, the multiplier of 18 has been adopted and thereby a total amount of ₹ 10,32,985/- has been awarded to the claimants as compensation, which is just and proper in the facts and circumstances of the case and I do not find any merit in this appeal. No other ground has been raised on behalf of the appellant. The appeal deserves to be and is hereby dismissed accordingly with no order as to cost(s). Sd/- (Sanjay K. Agrawal) JUDGE Soma