Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 17726 (CHH)

THE NEW INDIA INSURANCE COMPANY LIMITED v. SAVITRI DEVI VERMA

MAC/575/2022 · 2025-08-18

Shri Sanjay K Agrawal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 MAC No. 575 of 2022 2025:CGHC:41943 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 575 of 2022  The New India Insurance Company Limited By Branch Office, Ambedkar Chowk Baloda Bazaar, District Balodabazar Bhatapara Chhattisgarh. Through Authorized Singnatory, Manager, Suit Legal Hub, 2nd Floor, Rama Trade Centre, Above Axis Bank, Opposite Rajiv Plaza, Old Bus Stand Road, Bilaspur Chhattisgarh. ... Appellant versus 1. Savitri Devi Verma W/o Late Mahesh Verma Aged About 33 Years; 2. Minor Vasudev Verma S/o Late Mahesh Verma, Aged About 13 Years; 3. Minor Kumari Devika Verma D/o Late Mahesh Verma Aged About 10 Years; through Natural Guardian Mother Savitri Devi Verma Wd/o Late Mahesh Verma (R-1) All above are R/o Village Thelki Post Champa P.S. Palari District Balodabazaar-Bhatapara Chhattisgarh. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.22 10:48:05 +0530 2 MAC No. 575 of 2022 4. Indrajeet Singh S/o Late Dalgir Singh Through Power Of Attorney Holder Vishal Sukumar S/o K. Sukumar House No. 109 Sadak No. 01 Shanti Nagar, Vaishali Nagar, Bhilai, District Durg Chhattisgarh. 5. Rukmani W/o Itwari Verma, Aged About 60 Years, 6. Itvari Verma S/o Shobharam Verma, Aged About 65 Years; 7. Both above respondents No.5 & 6 are R/o Village Thelki, Post Champa, P.S. Palari District Balodabazaar Bhatapara Chhattisgarh. ... Respondents For Appellant :- Mr. B. N. Nande, Advocate. For Respondents No.1 to 3 :- Mr. Anand Kesharwani, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 19.08.2025 1. The claimants/respondents No.1 to 3 had preferred claim application under Section 163-A of the Motor Vehicles Act, 1988 (for brevity “Act of 1988”) before the Motor Accident Claims Tribunal, Balodabazra- Bhatapara, Chhattisgarh (for brevity “Claims Tribunal”), in which the Claims Tribunal has award compensation to the tune of ₹6,93,700/- to the claimants which is sought to be challenged by the 3 MAC No. 575 of 2022 Insurance Company/appellant herein in light of the amended Second Schedule of Section 163-A of the Act of 1988. 2. Mr. B. N. Nande, learned counsel for the appellant would oppose the impuned award and submit that by virtue of amended Second Schedule of Section 163-A of the Act of 1988, which came into effect from 22.05.2018, the claimants are entitled for compensation of 5,00,000/-. ₹ 3. Mr. Anand Kesharwani, learned counsel for the claimants/respondents No.1 to 3, would support the award and oppose the prayer made by learned counsel for the appellant. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records meticulously. 5. Second Schedule of Section 163-A of the Act of 1988 has been amended on 22.05.2018 and in the instant case the accident has occurred on 21.10.2019, therefore, as per the amended Second Schedule of 4 MAC No. 575 of 2022 Section 163-A of the Act of 1988, the claimants would be entitled for compensation to the extent of ₹5,00,000/-. However, the amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 11.12.2019 till its realization. Rest of the conditions of the impugned award shall remain intact. 6. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit