1 2025:CGHC:36638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 754 of 2022 Branch Manager, New India Insurance (Correct Name Is Assurance) Company Limited, Kewda Badi, Bus Stand Raigarh, Tahsil And District – Raigarh, Chhattisgarh. … Appellant versus 1 - Smt. Bhoj Kumari Sidar Wd/o Late Bundram Sidar Aged About 45 Years (Claimants) R/o Raitarai, Police Station Kotraroad, Tahsil And District - Raigarh (C.G.) 2 - Suraj Sidar S/o Late Bundram Sidar Aged About 20 Years (Claimants) R/o Raitarai, Police Station Kotraroad, Tahsil And District - Raigarh (C.G.) 3 - Ghanshyam Chouhan S/o Karamaha Chouhan Occupation Driver Of Vehicle No. Cg-13-Ae-6400 R/o Limdihi, Police Station Sarangarh, Tahsil And District - Raigarh (C.G.) 4 - Radheshyam Chouhan S/o Karmaha Chouhan Occupation Owner Of Vehicle, R/o Limdihi, Police Station Sarangarh, Tahsil And District - Raigarh (C.G.) ... Respondents HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.07.30 11:08:51 +0530 2 For Appellant : Mr. Pankaj Agrawal, Advocate For Respondents 1 & 2 : Mr. Ravi Kumar Banjare, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 28.07 .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 25/03/2022 passed by Learned 5th Additional Motor Accident Claims Tribunal, Raigarh in Claim Case No. 113/2021, whereby compensation to the tune of Rs. 10,20,000/- has been awarded in favour of respondents No. 1 and 2 herein (claimants) for the death of Bundram, aged about 50 years. 2. Facts of the case, in brief, is that on 20/03/2021, respondents No. 1 and 2 along with deceased Bundram had gone to village Raitarai in a motorcycle and while returning at about 01:45 PM near Kurmapali Petrol Pump, a Hywa truck bearing Registration No. CG 13 AE 6400, which was being driven by respondent No. 3 in high speed and in negligent manner, dashed their motorcycle and caused the accident due to which, deceased Bundram suffered greivous injuries and died. On the basis of the 3 report, Crime No. 89/2021 was registered at Police Station Kotra Road against respondent No. 3 for offence punishable under Sections 337,338 and 304A of IPC. 3. Learned counsel for the appellants would submit that the age of the deceased Bundram was 52 years at the time of the accident, therefore, the Claims Tribunal ought to have applied the multiplier of 11 instead of 13, as such, the amount of compensation is liable to be reduced. 4. Learned counsel for respondents No. 1 and 2/claimants would support the impugned award and submit that learned Claims Tribunal has rightly awarded the aforesaid compensation and as such, the instant appeal is liable to be dismissed. 5. I have heard learned counsel for the parties, considered their submissions and perused the record. 6. A careful perusal of the written statement filed by the appellant (Insurance Company) before the Tribunal would show that they did not take a plea that the age of the deceased was 52 years at the time of the accident and did not led any evidence in this regard, therefore, learned Claims Tribunal, after consideration of oral and documentary evidence available on record, has come to the conclusion that deceased was aged about 50 years at the time of the accident and thus, applied the multiplier of 13, 4 which in my considered opinion is absolutely in accordance with law and does not warrant any interference with the impugned award. I do not find any merit in this appeal. 7. Accordingly, the instant appeal is liable to be and is hereby dismissed. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet