1 2025:CGHC:37018 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 29 of 2022 Branch Manager, National Insurance Company Limited, Branch Office, Raipur, District Raipur, Chhattisgarh. (Insurer Of Vehicle) ... Appellant versus 1 - Smt. Radha, Wd/o. Late Pakalu, Aged About 31 Years, R/o. Ward No. 12, Kalsi Dafai, Haldibadi, Chirmiri, Tahsil Khadgawa, District Koriya, Chhattisgarh. 2 - Sagar Singh, S/o. Late Pakalu, Aged About 16 Years, Minor, Through Smt. Radha, Wd/o. Late Pakalu, Aged About 31 Years, R/o. Ward No.12, Kalsi Dafai, Haldibadi, Chirmiri, Tahsil Khadgawa, District Koriya, Chhattisgarh. 3 - Ku. Sheetal, D/o. Late Pakalu, Aged About 12 Years, Minor, Through Smt. Radha, Wd/o. Late Pakalu, Aged About 31 Years, R/o. Ward No.12, Kalsi Dafai, Haldibadi, Chirmiri, Tahsil Khadgawa, District Koriya, Chhattisgarh. 4 - Umashankar Sahu @ Chhotu, S/o. Ramnath Sahu, Aged About 30 Years, R/o. Gondwara, Manpuri, Raipur, Police Station Khamtarai, District Raipur, Chhattisgarh. (Driver Of Vehicle) 2 5 - Mayura Bora, S/o. S.K. Bora, Aged About 44 Years, (Pro. Baiga Sweetf Logister), R/o. Devendra Nagar, Raipur, District Raipur, Chhattisgarh. (Owner Of Vehicle) 6 – Karmu, S/o. Gopal, Aged About 65 Years (Dead) Deleted. 7 – Shanti, W/o. Karmu, Aged About 60 Years, R/o. Ward No. 12, Kalsi Dafai, Haldibadi, Police Station Chirmiri, Tahsil Khadgawa, District Koriya, Chhattisgarh. 8 – Mankunwar, W/o. Pakalu, Aged About 30 Years, R/o. Ward No.12, Kalsi Dafai, Haldibadi, Police Station Chirmiri, Tahsil Khadgawa, District Koriya, Chhattisgarh. 9 - Durga Prasad, S/o. Pakalu, Aged About 9 Years, Minor, Through Natural Guardian Mother Mankunwar, W/o. Pakalu, R/o. Ward No.12, Kalsi Dafai, Haldibadi, Police Station Chirmiri, Tahsil Khadgawa, District Koriya Chhattisgarh. 10 – Jyoti, D/o. Pakalu, Aged About 5 Years, Minor, Through Natural Guardian Mother Mankunwar, W/o. Pakalu, R/o. Ward No.12, Kalsi Dafai, Haldibadi, Police Station Chirmiri, Tahsil Khadgawa, District Koriya Chhattisgarh. ... Respondents For Appellant : Mr. G.V.Kutumba Rao, Advocate For Respondent No.1 to 3. : Ms. Deblina Maity, Advocate For Respondent No.5 : Ms. Swati Rani, Advocate (Single Bench) 3 Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 29/07/2025 1. The appellant/insurer has preferred this appeal under Section 173 of the Motor Vehicles Act questioning the award dated 24.09.2021 passed by the learned Second Additional Motor Accident Claims Tribunal, Manendragarh in Motor Accident Claim Case No.28/2017. 2. Learned counsel for the appellant would submit that the deceased Pakalu had also contributory negligent in driving the motor vehicle and the learned Claims Tribunal has wrongly applied the multiplier of 16 holding the age of the deceased to be 35 years, therefore, the award is liable to be modified. 3. Learned counsel appearing for the respondents would support the impugned award and submit that the appeal preferred by the appellant is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 4 5. Though the appellant/insurance company has taken a plea of contributory negligence in para 13 of its written statement but the appellant did not lead any evidence to prove the fact of contributory negligence, therefore, the Claims Tribunal has rightly rejected the plea of contributory negligence. Similarly, the learned Claims Tribunal finding the age of the deceased to be 35 years as per the post-mortem report (Ex.P-5) rightly applied the multiplier of 16. In that view of the matter, I do not find any merit in this appeal, the same deserves to be and accordingly dismissed. The parties shall bear their own costs. Sd/- (Sanjay K. Agrawal) Ashok Judge