Page No.1 of 4 IN MAC-959-2022 2025:CGHC:39188 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 959 of 2022 [Arising out of award dated 30.07.2022, passed in Claim Case No.92 of 2021 (Leeladhar Sahu and another v. Superintendent Enginer, Korba and another) by the 1st Additional Motor Accident Claims Tribunal, Janjgir, District Janjgir-Champa (CG)] 1 - Leeladhar Sahu S/o Harishankar Sahu Aged About 49 Years Caste - Sahu, R/o Village - Podishanker, Police Station - Bamhanidih, Tahsil - Champa, District : Janjgir-Champa, Chhattisgarh 2 - Seeta Bai W/o Leeladhar Sahu Aged About 48 Years Caste - Sahu, R/o Village - Podishanker, Police Station - Bamhanidih, Tahsil - Champa, District : Janjgir-Champa, Chhattisgarh ... Appellants/ Claimants Versus 1 - Superintendent Engineer (Adhikshan Yantri), Jal Vidyut Grih Machadoli, Bango, District - Korba, Chhattisgarh. ............Owner Of Offending Vehicle No. Cg - 12- ZC-2315 2 - The Oriental Insurance Company Limited Through - Branch Manager, Branch Office, Transport Nagar, Korba, District - Korba, Chhattisgarh. ...................Insurer Of Offending Vehicle No. CG-12-ZC- 2315 ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. Sourabh Gupta, Advocate/Amicus Curiae appearing through Chhattisgarh High Court Legal Services Committee For Respondent No.1 : Mr. Adhiraj Surana, Advocate For Respondent No.2 : Mrs. Swati Agrawal, Advocate on behalf of Mr. Pankaj Agrawal, Advocate ------------------------------------------------------------------------------------------------ SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 4 IN MAC-959-2022 Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 06.08.2025 1. Heard. 2. In the instant case, the appellants/claimants are son and daughter-in-law of deceased- Harishankar Sahu respectively, who died while driving the offending vehicle i.e. Fire Brigade bearing No. CG-12- ZC-2315, which was owned by the respondent No.01 and insured by the respondent No.02, which leads to filing of the claim application under Section 164 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) (though registered under Section 163-A). However, the said application was rejected by the learned Claims Tribunal on the ground that Section 164 of the Act of 1988 was not applicable, as it came into force w.e.f. 25.02.2022, whereas the deceased died in the accident occurred on 25.07.2019. Against which this appeal has been preferred by the appellants/claimants. 3. Mr. Sourabh Gupta, learned amicus curiae would submit that in view of Notification dated 22nd May, 2018, issued by the Government of India (Ministry of Road Transport and Highways) in death cases as per Second Schedule to Section 163-A of the Act of 1988, the family of the deceased would be entitled for total compensation of ₹5,00,000/-, which would also apply to the accident occurred prior to the issuance of the said notification, however, in the instant case the accident occurred on 25.07.2019, therefore, the same would be squarely applicable under the facts and circumstances of the present case. As such, the Page No.3 of 4 IN MAC-959-2022 appellants/claimants are entitled for compensation on account of death of their father- Harishankar Sahu to the tune of Rs.5,00,000/- alongwith interest from the date of claim. Hence, the appeal be allowed. 4. On the other hand, learned counsel appearing for the respondents would support the impugned award and prays for dismissal of this appeal. 5. In order to consider the plea raised at the bar it would be appropriate to notice Notification dated 22nd May of 2018, which provides as under:- SCHEDULE FOR COMPENSATION FOR THIRD PARTY FATAL ACCIDENT/INJURY CASES CLAIMS 1. (a) Fatal Accidents:- Compensation payable in case of Death shall be five lakh rupees. xxx xxx xxx xxx 6. True it is that on the date of occurrence i.e. 25.07.2019, deceased- Harishankar Sahu, who while driving the offending vehicle i.e. Fire Brigade bearing No. CG-12-ZC-2315, which was owned by the respondent No.01 and insured by the respondent No.02, met with an accident due to mechanical failure of the said vehicle, due to which, the deceased suffered grievous injuries and died. Thereafter, the appellants herein, who are son and daughter-in-law of the deceased, filed claim application under Section 164 of the Act of 1988, but the same was registered under Section 163-A of the Act of 1988 and learned Claim Tribunal rejected the same. However, since in the present case the Page No.4 of 4 IN MAC-959-2022 accident took place on 27.05.2019 and at that time notification dated 22nd May of 2018 came into force, whereby in fatal accidents, the compensation in case of death has been enhanced to Rs.5,00,000/- and, therefore, the same would also be applicable in the present case, which the learned Claims Tribunal failed to appreciated. 7. In that view of the matter, the impugned award dated 30.07.2022, passed by the learned Claims Tribunal is hereby set aside to the extent of rejecting claim application of the claimants/appellants herein and in view of Notification dated 22nd May, 2018, the compensation of ₹5,00,000/- is awarded to the dependents of deceased- Harishankar Sahu i.e. claimants/appellants herein along with 6% simple interest from the date of filing of application i.e. 27.09.2021. Since the said offending vehicle was insured with the respondent No.02, the respondent No.02- Insurance Company is directed to deposit the said amount before the concerned Claims Tribunal within 45 days from today and, thereafter, the learned Claims Tribunal shall pass appropriate order with regard to apportionment, investment and disbursement of the amount of compensation in accordance with law expeditiously. 8. The appeal is allowed to the extent indicated herein above. 9. Let a copy of this order be sent to the concerned Claims Tribunal and appellants/claimants for information and necessary action, if any. sd/- (Sanjay K. Agrawal) Judge s@if