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2025 DAILYLAW 45025 (CHH)

MULCHAND SAHU v. SHER KHAN

MAC/1469/2022 · 2025-09-03

Shri Sanjay K Agrawal

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Judgment text

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1 MAC No. 1469 of 2022 2025:CGHC:4532 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1469 of 2022  Mulchand Sahu S/o Pusau Ram Sahu, Aged About 47 Years, R/o Village Kodwa, Post Saiha Malki, Police Station Kunda, Tahsil Pandariya, District Kabirdham Chhattisgarh at Present Torwa, Police Station Torwa, District Bilaspur, Chhattisgarh --- Appellant versus 1. Sher Khan S/o Idu Khan, Aged About 60 Years, R/o Daupara Mungeli, Police Station Kotwali, District Mungeli Chhattisgarh (Driver Of The Vehicle Bus No. C.G.09/F-1222). 2. Ghanshyam Thakur S/o Navdeep Singh, Aged About 21 Years, R/o Radha Krishna, Ward No. 20, Near Maya Talab, Kawardha, Police Station And Tahsil Kawardha, District Kabirdham Chhattisgarh (Owner Of The Vehicle Bus No. C.G.09/F-1222). 3. United India Insurance Company Limited Through Branch Manager, Branch Office 2nd Floor, Besides Gurukripa Tower, Vyapar Vihar Road, Police Station Civil Line, Tahsil and District Bilaspur, Chhattisgarh (Insurer Of Vehicle Bus No. C.G.09/F- 1222). --- Respondents For Appellant :- Mr. Anand Kesharwani, Advocate. For Respondent No.3 :- Mr. B.N. Nande, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 04.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.09.08 10:56:25 +0530 2 MAC No. 1469 of 2022 appellant/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 22.09.2022 passed by the 8th Additional Motor Accident Claims Tribunal, Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No.182/2021, whereby learned Claims Tribunal has awarded a total sum of 1,17,759/- ₹ as compensation along with interest to the claimant/appellant herein. 2. Learned counsel for the parties submit that an additional sum of compensation of 65,000/- over and above the compensation ₹ already awarded, would make the compensation just and proper. 3. In view of the aforesaid submission made by learned counsel for the parties, the appellant is held to be entitled to an additional amount of 65,000/- ₹ . The Insurance Company is directed to deposit the amount of compensation as enhanced by this Court within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 18.11.2020 till its realization. Rest of the conditions of the impugned award shall remain intact. 3 MAC No. 1469 of 2022 4. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit