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2025 DAILYLAW 44109 (CHH)

MRS. SAIRA BANO v. M/S SINHA ENTERPRISES

MAC/56/2024 · 2025-08-31

Shri Sachin Singh Rajput

body2025

Judgment text

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1 2025:CGHC:44430 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 56 of 2024 1 - Mrs. Saira Bano W/o Izhar Alam Aged About 41 Years Residing At Near Swati Flour Mill, Telibandha, Raipur, Tehsil And District- Raipur, CG 2 - Izhar Alam S/o Mahmood Alam Aged About 52 Years Residing At Near Swati Flour Mill, Telibandha, Raipur, Tehsil And District- Raipur, CG ... Appellant(s) versus 1 - M/s Sinha Enterprises R/o 25 Amrapali Society Raipur, Tehsil And District- Raipur, CG (Owner Of Offending Vehicle Motor Cycle) 2 - Savararam Chaudhary S/o Sujaram Chaudhary, R/o Near Lodhipara Chowk, Near Nitin Lawrence's House, Police Station- Pandari, Raipur, Tehsil And District- Raipur, CG (Driver Of The Offending Vehicle) 3 - Dinesh Choudhary S/o Budhram Choudhary R/o -near Lodhipara Chowk, Near Nitin Lawrence's House, Police Station- Pandari, Raipur, Tehsil And District- Raipur, Cg (Current Custody Of The Offending Vehicle) ... Respondent(s) For Appellant (s) : Shri Akhilesh Mishra, Advocate For Respondent(s) : None 2 Hon'ble Shri Justice Sachin Singh Rajput Order on Board 01/09/2025 Heard on admission. This appeal under Section 173 (2) of the Motor Vehicles Act, 1988 (for short ‘M.V.Act’) has been filed challenging the award dated 26/09/2023 passed in Claim Case No.410/2015 by the Motor Accident Claims Tribunal, Raipur District–Raipur (CG) (for short ‘Tribunal’). By the impugned award, against a claim of Rs.30,50,000/-, learned Tribunal has awarded compensation of Rs.12,75,622/- in favour of the appellants /claimants. 2. Learned counsel for the appellants submits that the amount of compensation is on the lower side, therefore, it requires suitable enhancement. 3. Heard learned counsel for the appellant. 4. The deceased was aged about 22 years and according to pleadings of the appellants / claimants, the deceased was earning Rs.8,000/- per month working as a Motor Mechanic. Except bald oral statement, no documentary evidence in that regard has been filed. The incident occurred on 19/02/2015. Learned Tribunal assessed the monthly income to Rs.6,000/- and after adding 40% future prospects, awarded compensation in the following manner - 1 Loss of dependency Rs.9,07,200/- 2 Loss of consortium to each claimants Rs.88,000/- 3 Loss of estate Rs.16500/- 4 Funeral expenses Rs.16500/- 5 For treatment and medical expenses Rs.247422/- 5. The finding appears to be based upon proper appreciation of evidence and cannot be said to be contrary to the evidence. The compensation awarded is just. Therefore, I do not find any merits in this appeal worth admission. The appeal is dismissed as the admission stage. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.09.10 10:35:20 +0530