1 2025:CGHC:49043 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 948 of 2023 Magma H.D.I. General Insurance Company Limited Through Its Legal Manager Present Address Office No. 501 And 509, 512, 5th Floor, D.B. City Corporate Park, Block No. 9, Rajbandha Maidan, Raipur Chhattisgarh ... Appellant versus 1 - Motim Bai W/o Late Parmanand Thakur, Aged About 40 Years R/o Village Parreguda, Post Barhi, P.S. And Tahsil Balod, Distict Balod Chhattisgarh (Claimants) 2 - Mohnis Kumar S/o Late Parmanand Thakur Aged About 17 Years Minor Represented Through Mother Respondent No. 1 Motim Bai R/o Village Parreguda, Post Barhi, P.S. And Tahsil Balod, Distict Balod Chhattisgarh (Claimants) 3 - Nikhil Kumar S/o Late Parmanand Thakur Minor Represented Through Mother Respondent No. 1 Motim Bai R/o Village Parreguda, Post Barhi, P.S. And Tahsil Balod, Distict Balod Chhattisgarh (Claimants) 4 - Rupotin Bai W/o Late Ishwar Lal Thakur Aged About 65 Years R/o Village Parreguda, Post Barhi, P.S. And Tahsil Balod, Distict Balod Chhattisgarh (Claimants) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.09.25 15:50:17 +0530 2 5 - Thakur Ram Patel S/o Jhumuk Lal Patel Aged About 40 Years R/o Village Sikosa, P.S. And Tahsil Guenderdehi, District Balod Chhattisgarh (Driver) (Vehicle Matador 407 Bearing Registration No. C.G. 04 Mu 7643) 6 - Tarachand Sahu S/o Nandlal Sahu Aged About 26 Years R/o Nandlal Sahu, R/o Village Bhoinapar, Post Latatbod, P.S. And Tahsil Balod, District Balod Chhattisgarh (Owner) (Vehicle Matador 407 Bearing Registration No. C.G.04 Mu 7643) ... Respondent(s) For Appellant : Mr. Sourabh Gupta, Advocate For Respondents No. 1 - 4 : Ms. Vartika Shrivastava on behalf of Mr. P.R. Patankar, Advocates SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 24.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant (Insurance Company) challenging the impugned award dated 21/12/2022 passed by learned Motor Accident Claims Tribunal, Balod, District Balod (C.G.) in Claim Case No. 20/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 48,09,242/- as compensation to respondents No. 1 to 4/claimants for the 3 death of Parmanand Thakur, aged about 44 years, who worked as a Police Constable. 2. Learned counsel for the appellant (Insurance Company) would submit that the age of the deceased has wrongly been taken as 44 years relying upon the postmortem report (Ex. A/7) and further the Claims Tribunal has erred in assessing the income of the deceased as Rs. 28,592/- per month, therefore, the impugned award be modified and the amount of compensation be reduced. 3. Learned counsel for respondents No. 1 to 4/claimants would support the impugned award and submit that the amount of compensation awarded by learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. A careful perusal of the record would show that learned Claims Tribunal has relied upon the postmortem report (Ex. A/7) and assessed the age of the deceased as 44 years which has not been controverted or opposed by the Insurance Company therein. Similarly, respondents No. 1 to 4/claimants herein have brought the salary statement of 4 the deceased on record (Ex. A/10) on the basis of which monthly salary of the deceased has been assessed as Rs. 28,592/- which has also not been controverted by the Insurance Company by examining any person from the office of Sanjouri Police Station where the deceased used to work. As such, in my considered opinion, the compensation awarded by the Claims Tribunal is just and proper and I do not find any good ground to interfere with the impugned award. 6. Accordingly, this appeal is dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet