1 2025:CGHC:34189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 133 of 2022 The Oriental Insurance Company Limited B.C. Kawardha, Through Amarjeet Singh Chhabda, Deepak Cycle Stores, New Bus Stand Kawardha, District Kabirdham Chhattisgarh. … Appellant versus 1 - Dukalhin Bai Patel W/o Jagdev Patel Aged About 39 Years R/o Village Motiyari , Police Station Kawardha, Tahsil Kawardha, Dsitrict Kabirdham Chhatitsgarh. 2 - Chandrashekhar S/o Jagdev Patel Aged About 21 Years R/o Village Motiyari , Police Station Kawardha, Tahsil Kawardha, Dsitrict Kabirdham Chhatitsgarh. 3 - Jaitram Narang S/o Chhabilal Narang Aged About 36 Years R/o Village Khuntu, Police Station And Tahsil Kawardha , District Kabirdham Chhattisgarh. 4 - Shobharam S/o Mehtar Banjare Aged About 40 Years R/o Village Mudiyapara, Police Station And Tahsil Bodla , District Kabirdham Chhattisgarh. ... Respondents HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.07.22 10:46:31 +0530 2 For Appellant :Mr. Pankaj Agrawal, Advocate For Respondents 1 & 2 :None, though served For Respondent No. 3 :Mr. Vaibhav A. Goverdhan, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 18.07 .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 23/09/2021 passed by Learned Motor Accident Claims Tribunal, Kabirdham in Claim Case No. 74/2019, whereby Rs. 9,70,000/- has been awarded as compensation to respondents No. 1 and 2/claimants for the death of their husband and father, respectively, namely Jagdev Patel, aged about 40 years, who was working as a mason (rajmistri). 2. Learned counsel for the appellant would submit that the vehicle in question i.e. the Tractor Trolley bearing Registration No. CG 04 D-7822 has been falsely implicated and it was not involved in the accident due to which the death of Jagdev Patel occurred. He would further submit that the compensation awarded by the Claims Tribunal is 3 on the higher side, therefore, the instant appeal be allowed and the impugned award be reduced. 3. Learned counsel for respondent No. 3 would support the submission made by learned counsel for the appellant. 4. I have heard learned counsel for the parties, considered their submissions and perused the record. 5. Learned Claims Tribunal, after appreciation of oral and documentary evidence on record, has clearly recorded a finding relying upon the statement of Indranarayan Mishra (DW-3), witness of appellant (insurance company), who has stated in his cross-examination that the tractor and trolley both were insured by their company on the date of the accident and the driving license of driver/respondent No. 3 herein (Ex. P/20) is valid upto 12/11/2031, therefore, taking the monthly income of deceased Jagdev Patel, who was working as a mason (rajmistri), to be Rs. 7,500/- and Rs. 90,000/- per annum and applying a multiplier of 15 and further adding the annual dependency of Rs. 60,000/- for his wife respondent No. 1 herein, Rs. 40,000/- as loss of consortium, Rs. 15,000/- as loss of estate and Rs. 15,000/- as funeral expenses, has proceeded to award Rs. 9,70,000/- as compensation with an interest of 6% per annum, which in my considered opinion, is absolutely just and proper. It is a pure and simple finding of fact which is 4 neither perverse nor contrary to the record. It does not warrant any interference by this Court. 6. Accordingly, the instant appeal is liable to be and is hereby dismissed. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet