Extracted from the PDF above. The PDF is authoritative.
1 MAC No. 655 of 2022
2025:CGHC:39187
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 655 of 2022 Branch Manager, National Insurance Company Limited, Du Aims Hero Moto Corpo, Vartical 101-106, B.M.C. House Canat Palace, New Delhi-110001. (Insurer of offending vehicle)
... Appellant versus
1. Kamalbhan Singh S/o Late Suraj Singh, aged about 50 years;
2. Pramila Singh W/o Kamalbhan Singh, aged about 45 years; Both R/o Purana Gaurela Pedar Road, Gaurela, Ward No. 7, Post Gaurela, Tahsil Gaurela, District : Bilaspur, Chhattisgarh. (Claimants)
3. Rajesh Kumar S/o Om Prakash, R/o Village Bhandarpara, Podi, Post Bachra, Khadgawa, District : Koriya, Chhattisgarh. (Owner of offending vehicle; Non-applicant No.1)
4. Govind Prasad Yadav S/o Hariram Yadav, aged about 21 years, R/o Village Podi Bandhpara, Chowki Podi, Police Station Khadgawa, District : Koriya, Chhattisgarh. (Driver of offending vehicle; Non-applicant No.2)
... Respondents ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.11 11:25:36 +0530
2 MAC No. 655 of 2022 For Appellant :- Mr. Anil Gulati, Advocate. For Respondents No. 3 & 4 :- Mr. Krishna Kant Prajapati, Advocate, on behalf of Mr. D.N. Prajapati, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 06.08
.2025
1. The appellant–Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short
“Act of 1988”) against the impugned award dated 21.02.2022 passed by the Motor Accident Claims Tribunal, Surajpur, District Surajpur, Chhattisgarh (for short “Claims Tribunal”) in M.A.C.C No. 22/2020, by which compensation of ₹8,39,102/- along with interest has been awarded to the
dependents of deceased Amit Singh by fastening the liability upon the Insurance Company/appellant herein to pay the aforesaid compensation to the dependents of the deceased. 2. Mr. Anil Gulati, learned counsel for the appellant, would submit that the learned Claims Tribunal has committed gross error in granting compensation compensation amount of ₹8,39,102/- to the claimants without appreciating the fact that
the driver of the offending vehicle bearing Registration No.
3 MAC No. 655 of 2022 CG-16-CH-6009 did not have the valid license to drive the offending vehicle, therefore, the appellant-Insurance Company be exonerated from the liability to pay the compensation to the dependents of the deceased. 3. Mr. Krishna Kant Prajapati, learned counsel for the respondents No.3 & 4, would support the impugned award and oppose the prayer made by learned counsel for the appellant herein. 4.
I have heard learned counsel for the parties, considered their rival submission made herein above and gone through the records with utmost circumspection. 5. The Claims Tribunal at paragraph No.9 of its order has clearly recorded a finding that the driver/respondent No.4 did have the valid license to drive the offending vehicle bearing Registration No. CG-16-CH-6009 which is based on evidence available on record and the same is neither perverse nor contrary to the record and accordingly, I hereby affirm the said finding of the Claims Tribunal. 4 MAC No. 655 of 2022
6. At the stage, learned counsel for the appellant-Insurance Company would submit that that multiplier of 19 obtained by the Claims Tribunal is on higher side. However, considering the facts and circumstances of the case and the age of deceased Amit Singh, who was aged about 19 years at the time of incident, the Claims Tribunal has rightly obtained the multiplier of 19. As such, I do not find any good ground in the instant case to interfere in the impugned order. 7. Consequently, the instant appeal is dismissed. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit