1 2025:CGHC:46326 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 95 of 2024 1 - Gokul Chaturvedi S/o Fand Chaturvedi Aged About 42 Years Resident Of Village Uslapur, Post Chandnu, Thana Chandu, Tahsil And District Bemetara (C.G.) 2 - Shuku Chaturvedi W/o Gokul Chaturvedi Aged About 40 Years Resident Of Village Uslapur, Post Chandnu, Thana Cahndu, Tahsil And District Bemetara (C.G.) ... Appellants /Claimants versus 1 - Tikendra Kumar Sahu S/o Shobharam Sahu Aged About 34 Years Resident Of Village Baijalpur, Police Station, Tahsil And District Bemetara (C.G.), ..(Non-Applicants) 2 - Radheshyam Yadu S/o D.R. Yadu Present Resident Of Vrindavan, Krishna Vihar Colony, Ward No. 11, Bemetara, District Bemetara (Chhattigarh) 3 - Manager Universal Shompo General Insurance Company Ltd., 1st Floor B-7, Shreeram Nagar, T.V. Tower Road, Raipur, District Raipur (Chhattisgarh) ... Respondents {Cause title, as taken from Case Information System For Appellants : Mr. Amit Kumar Sahu, Advocate For Res. Nos. 1 & 2 :: None present, though served. For Res. No. 3 : Mr. Ghanshyam Patel, Advocate 2 Hon'ble Shri Justice Sachin Singh Rajput Order On Board 10/09/2025 1. This is claimants’ appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'MV Act, 1988') for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Bemetara, District Bemetara (C.G.) (for short ‘the Tribunal’) in MACT Case No. 60/2023 vide award dated 29th of November, 2023. 2. By the impugned award, learned Tribunal has awarded Rs.15,75,952/- alongwith 9% interest in favour of the appellants/claimants as compensation on account of death of Dileshwar Chaturvedi in an unfortunate road accident that occurred on 4.12.2022 by rash and negligent driving of the offending vehicle (Maruti Wegnor) bearing registration No. CG-25-G-1759 by its driver/ respondent No.1 and owned by respondent No. 2 and insured with the respondent No. 2/ Insurance Company. 3. The appellants/claimants, who are unfortunate parents of deceased – Dileshwar Chaturvedi, had filed an application under Section 166 of the MV Act claiming compensation to the tune of Rs. 65,00,000/-. As per pleadings made in the claim application, on 04.12.2022 at about 6 PM in the evening, deceased – Dileshwar Chaturvedi and his friend namely Hemkalyan were coming from Bemetara to his house by his motorcycle Splendor Plus bearing registration No. CG-25-K-8714 and when they reached neat Ghatholi turn, at that time, respondent No. 2 while driving the offending vehicle (Maruti Wegnor) bearing registration No. CG-25-G-1759 rashly & negligently, dashed the vehicle of the deceased from behind, as a result of which, deceased was fell down 3 from the vehicle and sustained grievous injury including internal in his person, thereafter, he was taken to Government Hospital, Bemetara from where he was referred to Mad life multi-specialty Hospital, Raipur where he remained in hospital for about nine days and during treatment, he died in the hospital. As per further pleadings, at the time of accident, the deceased was aged about 22 years and used to earn Rs.600/-per day by working as Labour, therefore, aforesaid amount of compensation has been claimed. Respondent No. 1 and 2 resisted the claim application on various grounds whereas Respondent No. 3 / insurance company took a plea that there is a violation of terms and conditions of the insurance policy on account of absence of valid and effective permit and fitness certificate of the offending vehicle therefore, the insurance company is not liable to pay compensation. 4. On the basis of above broad pleadings, learned Tribunal framed as many as four issues, decided those issues in favour of the appellants / claimants and awarded afore-stated compensation in favour of the claimants, saddling liability of payment of compensation upon respondent No. 3/ Insurance Company. 5. Learned counsel for the appellants submits that though the award granted by the learned Claims Tribunal in all respect is correct, however, the learned Tribunal has not awarded any amount in respect of the treatment of the deceased in the Government hospital, Bemetara and in the Mad life Hospital, Raipur. The medical papers have also been filed and final bills has also been placed on record indicating therein that the appellant/claimant have spent Rs. 4,20,700/- on the treatment of the deceased. Therefore, the aforesaid amount may be awarded. 4 6. Per contra, learned counsel for respondent No. 3/Insurance Company while supporting the impugned award would submit that just and proper compensation has been awarded to the appellants/claimants so far as the amount of medical bills is concerned, the author of the bill has not been examined before the learned Claims Tribunal, therefore any amount with respect to the treatment of the deceased has not been awarded by the learned Tribunal and the award of compensation is just & proper which does not call for any interference by this Court. 7. I have heard learned counsel for the parties, considered their rival submissions and perused the records. 8. The issue involve in this appeal is to whether the appellants/claimants are entitled to receive the amount spent by them in the treatment of the deceased. Ex. P/26 are the bills invoice of the M.M.H. multi-specialty Hospital, Raipur indicating therein that from 5.12.2022 to 13.12.2022 he was treated in the hospital and charges was paid by the appellants. Of course, the author of the bills has not been examined but the Insurance Company while cross-examining the claimants, has not put any question with regard to genuineness of that documents. From Ex. P/26 it also appears that the deceased was admitted from 5.12.2022 and died on 13.12.2022 which also corroborate the date of accident and the date of death. Therefore, this Court is inclined to amount of Rs. 4,20,700/- in favour of the claimants. 9. For the foregoing reasons, the appeal is allowed in part. The appellants/claimant are entitled of Rs.4,20,700/- in addition to the award passed by the learned Claims Tribunal. 10.The respondent No. 3/The Insurance Company is granted 60 days' time to deposit enhanced amount of compensation of Rs. 4,20,700/- 5 before the concerned Tribunal. After depositing the enhanced amount of compensation by respondent No.3/insurance company, learned Claims Tribunal shall pass appropriate order for apportionment, investment and disbursement. Sd/- Sd/- (Sachin Singh Rajput ) Judge Ami AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.09.24 18:48:36 +0530