1 2025:CGHC:48954 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1985 of 2019 1 - United India Insurance Company Limited By Divisional Office Kutchery Square Raipur Distirct Raipur Chhattisgarh Through Authorised Singatory, Manager T.P. Hub, United India Insurance Company Limited, 2nd Floor Guru Kripa Towers Vyapar Vihar Road Bilaspur, Police Station Civil Line Tehsil And District Bilaspur Chhattisgarh ... Appellant versus 1 - Hareliya Kosre Wd/o Late Laxminarayan Kosre Aged About 40 Years Occupetion House Wife, R/o - Village Kharora Police Station Mahasamund Tehsil And District Mahasamund Chhattisgarh 2 - Narayan Kosre S/o - Late Lamxinarayan Kosre Aged About 20 Years R/o - Village Kharora Police Station Mahasamund Tehsil And District Mahasamund Chhattisgarh 3 - Yogeshwari Kosre D/o - Late Laxminarayan Kosre Aged About 18 Years Claimants No. 2 And 3 Through Guardian Mother Hareliya Kosre Respondent No. 1 (Wrongly Mentioned As Minor) R/o - Village Kharora Police Station Mahasamund Tehsil And District Mahasamund Chhattisgarh 4 - Manoj Yadav S/o - Kuleshwar Yadav Aged About 26 Years R/o - Village Ghodari Police Station Tehsil And District Mahasamund Chhattisgarh ( Driver Of The Maruti Van No. Cg04 Hc 0928) 5 - Kamlesh Devangan S/o - Tula Ram Devangan Aged About 31 Years R/o - Village Macheva Police Station Tehsil And District Mahasamund Chhattisgarh ( Registered Owner Of Maruti Van No. Cg04 Hc 0928) ---- Respondents For Appellant/Insurance Company : Mr. B.N. Nande, Advocate For respondents : None appears though served Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 24.09.2025 1. In MAC No.1985/2019, the appellant has challenged the impugned award dated 05.02.2019 passed by learned Second Additional Motor -2- Accident Claims Tribunal, Mahasamund(C.G.) in Claim Case No.82/2015, whereby learned Claims Tribunal passed an award to the tune of Rs.21,70,854/- with interest @ 6% per annum in favour of the claimants/respondents No.1 to 3 on account of death of Laxminarayan Kosre. 2. The facts of the present case are that on 18.11.2014 at about 7:30 p.m. the deceased Laxminarayan Kosre and Raju Ratre were going to Mahasamund from Village Godhari on motorcycle bearing registration No. CG04/CX/6075 and when they reached near Kothari stone factory, driver of the Maruti Van bearing registration No.C.G.04/HC/0928, driving it rashly and negligently dashed the motorcycle from rear side. Consequently, the deceased Laxminarayan Kosre and Raju Patre sustained grievous injuries and they were taken to hospital. Laxminarayan Kosre succumbed to injuries during course of treatment. 3. Mr. Nande, learned counsel appearing for the appellant/insurance company would submit that though the date of accident is 18.11.2014 but FIR was registered on 06.01.2015 vide Ex.P/2 and thus, the claimant got sufficient time to implant the vehicle. He would contend that in the morgue intimation, registration number of the offending vehicle was not disclosed. He would submit that the learned Tribunal ought to have considered this fact while fastening liability with the insurance company. He would also argue that the learned Tribunal has passed award at higher side. He would pray to set aside the award. 4. Despite service of notice none appears on behalf of the respondents/claimants. 3 5. I have heard learned counsel for the appellant/Insurance Company at length and perused the records with utmost circumspection. 6. A perusal of the record would show that the morgue intimation was lodged on 19.11.2014 by Ward boy of District Hospital Mahasamund. The police registered FIR on the basis of morgue intimation on 06.01.2015 and the registration number of the driver of the offending vehicle is specifically mentioned in the FIR. Thus, the contention made by Mr. Nande that FIR was registered after 55 days appears to be misconceived. 7. The Assistant Sub-Inspector namely Harish Chand Dwivedi was examined by the Insurance Company, who had registered the morgue No.184 of 2014. This witness stated that an FIR for the commission of offence punishable under Sections 279, 337 and 304-A was registered after morgue inquiry against driver of the Maruti Van No.C.G.04/HC/0928. 8. With regard to the quantum of compensation, the age of the deceased was 45 years and he was working on the post of Secretary, Gram Panchayat, Bemcha and was earning Rs.14,000/- per month. 9. The learned Tribunal has assessed his notional income to the tune of Rs.14,429/- according to the salary slip. 10.The Future Prospect of 30% was also awarded to the claimant. Learned Tribunal deducted 1/3 for personal and living expenses of deceased and applied multiplier of 14. Learned Tribunal further awarded sum of Rs.15,000/- for loss of estate, Rs.15000/- for funeral expenses and Rs.40,000/- for loss of consortium and thus, the award passed by the learned Tribunal appears to be just and -4- proper. 11.Considering the above discussed facts, I do not find any good ground to interfere with the award passed by the learned Tribunal. Accordingly this appeal fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge Rekha