1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1483 of 2018 1 - Ganesh Tiwari S/o Kashi Prasad Aged About 51 Years R/o Kapoor Singh Dafai, Chhota Bazar, Chirmiri, Police Station-Chirmiri, Tahsil- Khadgawan, District- Koria, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh. 2 - Smt. Shyam Bai W/o Ganesh Tiwari Aged About 48 Years R/o Kapoor Singh Dafai, Chhota Bazar, Chirmiri, Police Station-Chirmiri, Tahsil-Khadgawan, District- Koria, Chhattisgarh......(Claimants), District : Koriya (Baikunthpur), Chhattisgarh. ... Applicant(s) versus 1 - Deepak Kumar Gupta S/o Satyanarayan Gupta Aged About 43 Years R/o C/o Mahamaya Transport, Bhanpuri, Raipur, Chhattisgarh, Present Address- Tanki Dafai, Beside Baba Betel Phop, Chhota Bazar, Chirmiri, Police Station-Chirmiri, Tahsil-Khadgawan, District- Koria, Chhattisgarh.....(Non-Applicants Owner)., District : Koriya (Baikunthpur), Chhattisgarh. 2 - The Branch Manager Bajaj Allianz General Insurance Company Limited, Plot No. 102, Indira Commercial Complex, Behind Nutraj Hotel, T.P. Nagar, Korba, Disrtict- Korba, Chhattisgarh.....(Insurer), District : Korba, Chhattisgarh ... Respondent(s) Digitally signed by RAGHVENDRA JAT 2 For Applicant(s) : Mr. Aditya Khare, Advocate. For Respondent(s) No. 1 : None. For Respondent No. 2 : Mr. Sangeet Kumar Kushwaha, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 21/07/2025 1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellants/claimants for enhancement against the award dated 31.08.2016 passed by the learned 1st Additional Accident Claims Tribunal, Manendragarh, District-Koria (C.G.), in Motor Accident Claim Case No. 30/2014 whereby compensation of Rs. 4,36,000/- with interest with interest @ 7% per annum, and in default of payment within stipulated period the awarded amount shall carry interest @ 9% per annum., in favour of the appellants/claimants has been awarded. 2. Brief facts of the case, is that, the claimants/appellants has filed a claim petition under Section 163-A of the Motor Vehicles Act, seeking compensation to the tune of Rs. 23,16,200/- from the respondents under various heads, on account of the death of late Avinash Tiwari in a road accident that occurred on 07.05.2013. As per the appellants, Avinash Tiwari, who is aged about 23 3 years old was working as a truck driver for a vehicle bearing registration number CG-04-JC-5931. On the day of the incident, while he was traveling with helper Manoj Kumar Patel from Bhatapara to Adani Company, Tara, the truck suffered a brake failure near Kapa Nawapara, became uncontrollable, and collided with a tree, resulting in the vehicle catching fire and causing Avinash Tiwari’s death on the spot. Upon issuance of notice, the respondents have filed a written statement denying the appellants’ claim. After hearing both the parties, the learned Claims Tribunal, vide its impugned award dated 31.08.2016, assessed the deceased’s monthly income as Rs. 3,000/-, deducted one-third towards personal expenses, and calculated the total dependency at Rs. 4,32,000/- using a multiplier of 18. Additionally, Rs. 4,500/- was awarded under conventional heads. Hence, this appeal. 3. In the award passed by the Tribunal, the tribunal has awarded a sum of Rs. 4,32,000/- towards loss of dependency, Rs. 2,500/- towards loss of estate and Rs. 2,000/- towards funeral expenses. Thus, a total compensation of Rs. 4,36,000/- has been awarded in favor of the appellants and respondent No. 2 insurance company was held liable to pay the compensation amount to the appellants. 4. Learned counsel for the appellant submits that the claims 4 Tribunal has awarded a sum of Rs. 4,36,000/- which is not in accordance with law and the same is required to be enhanced in accordance with law. He further submits that the awarded compensation by the Tribunal is on the lower side. Therefore, the compensation amount may be enhanced suitably. Hence, this appeal may be allowed and awarded amount needs to be enhanced suitably. 5. None for respondent No. 1 i.e. owner of the offending vehicle. 6. On the other hand, learned counsel appearing for respondent No. 2 submits that the amount of compensation awarded by the learned Claims Tribunal is just and proper and required no interference by this Court. 7. I have heard learned counsel for the parties and perused the material available on record. 8. Considering the facts and circumstances of the case, it is observed that the matter falls under the purview of Section 163-A of the Motor Vehicles Act, 1988. In accordance with the provisions of the Second Schedule to the said Act, the maximum compensation that may be awarded to the claimant is Rs. 5,00,000/-. 9. In the result, the appeal is partly allowed. The claimant shall be 5 entitled to Rs. 64,000/- in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. The remaining amount shall be paid by the insurance company, as the liability in this case is duly fastened upon it. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat