1 2025:CGHC:45707 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1369 of 2022 1 - The New India Assurance Company Limited (Wrongly Mentioned Insurance) By Branch Manager, Branch Office, Second Floor, Red Building, Bajrang Market, G.E. Road, Raipur, Tehsil And District Raipur (C.G.) Through Authorized Signatory, Manager T.P. Claim Hub, 2nd Floor, Rama Trade Centre, Above Axis Bank, Opposite Rajiv Plaza, Old Bus Stand Road, Bilaspur (C.G.) (Insurer Company Of Alleged Offending Vehicle Hyva Truck Bearing No. C.G. 04 M.C. 9026) (N.A. No. 2) ... Appellant versus 1 - Gajadhar Sahu, S/o. Late Onkar Ram Sahu @ Omkar Sahu, Aged About 22 Years, R/o. Village B, Jamgaon, Post B Jamgaon, Tehsil Balod, District Balod (C.G.) (Claimant) 2 - Ku. Bharti Sahu, D/o. Late Onkar Ram Sahu @ Omkar Sahu, Aged About 19 Years, R/o. Village B, Jamgaon, Post B Jamgaon, Tehsil Balod, District Balod (C.G.) 3 - Minor Ku. Dehuti Sahu, D/o. Late Onkar Ram Sahu @ Omkar Sahu, Aged About 17 Years, Through Guardian Brother Respondent ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.09.09 14:06:29 +0530 2 No. 1 Namely Gajadhar Sahu, R/o. Village B Jamgaon, Post B Jamgaon, Tehsil Balod, District - Balod (C.G.) 4 - Smt. Sabana Bai Sahu, Wd/o. Late Kachru Ram Sahu, Aged About 65 Years, R/o. Village B Jamgaon, Post B Jamgaon, Tehsil Balod, District - Balod (C.G.) 5 - Moh. Altaaf, S/o. Abdul Haq, Aged About 41 Years, R/o. Sainagar Jail Road, Raipur, Tehsil Raipur, District - Raipur (C.G.) (Registered Owner Of Alleged Offending Vehicle Hyva Truck Bearing No. C.G. 04 M.C. 9026) (Owner) (N.A. No. 2) ... Respondents For Appellant : Mr. B.N.Nande & Mr. Priyanshu Gupta, Advocates For Respondents No.1 to 4 : Mr. Praveen K. Dhurandhar, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 08.09.2025 1. The appellant/insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity and correctness of the impugned award dated 27.07.2022 passed by the Motor Accident Claims Tribunal, District Balod in Claim Case No.96/2021, by which the claim application of the claimants has been allowed and an 3 amount of Rs.18,51,194/- has been awarded to the claimants as compensation while applying the multiplier of 14 for the death of deceased Omkar Ram Sahu, aged about 41 years, at the time of incident. 2. Mr. B.N.Nande & Mr. 2. Mr. B.N.Nande & Mr. Priyanshu Gupta, learned counsels appearing for the appellant/ insurance company, would submit that the deceased was 51 years of age and erroneous finding has been recorded that he was 41 years at the time of incident and the income of deceased has also wrongly been taken as Rs.10,630/- holding it to be skilled labour whereas he was unskilled labour. Therefore, the impugned award is liable to be modified and the appeal deserves to be allowed. 3. Mr. Praveen K. Dhurandhar, learned counsel for the claimants/ respondent No.1 to 4 would support the impugned award and submit that the learned Claims Tribunal has rightly awarded the amount of compensation, which warrants no interference and, therefore, the appeal of the insurance company deserves to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 4 5. So far as the age of deceased Omkar Ram Sahu is concerned, the post-mortem report Ex.A-9 clearly indicated that the deceased was 41 years on the date of incident and no such plea has been taken in the written statement that deceased was aged about 51 years on the date of incident. Furthermore, the claimants have clearly stated that the deceased was working as mason, which has not been disputed in the cross examination and only it has been stated that no document has been filed and further no express plea has been taken in this regard. In that view of the matter, I do not find any merit in this appeal, the same deserves to be and is accordingly dismissed. Sd/- (Sanjay K. Agrawal) Ashok Judge