1 2025:CGHC:34190 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 129 of 2022 Shriram General Insurance Company Limited Through Branch Manager , Csb Behind Gayatri Mandir , Transport Nagar, Korba , District Korba Chhattisgarh. … Appellant versus 1 - Manharan Das S/o Late Shri Mohan Das Aged About 42 Years Caste Panika , R/o Village Gatwa, Chowki Pantora, District Janjgir Champa Chhattisgarh. 2 - Manrakhan Das S/o Late Shri Mohan Das Aged About 38 Years Caste Panika , R/o Village Gatwa, Chowki Pantora, District Janjgir Champa Chhattisgarh. 3 - Manbodh Das S/o Late Shri Mohan Das Aged About 34 Years Caste Panika , R/o Village Gatwa, Chowki Pantora, District Janjgir Champa Chhattisgarh. 4 - Surendra Das S/o Late Shri Mohan Das Aged About 31 Years Caste Panika , R/o Village Gatwa, Chowki Pantora, District Janjgir Champa Chhattisgarh. 5 - Santosh Kanwar S/o Darshan Singh Kanwar Aged About 50 Years Caste Kanwar , R/o Village Purena, Post HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.07.24 11:10:59 +0530 2 Office Pantora, Thana Balouda, District Janjgir Champa Chhattisgarh. (Driver) 6 - Balaram Yadav S/o Shri Fekuram Yadav Aged About 35 Years Caste Yadav, R/o Saopara Mudali, Thana Hardi Bazar, District Korba Chhattisgarh (Owner) ... Respondents MAC No. 124 of 2022 Shriram General Insurance Company Limited Through Branch Manager , Csb Behind Gayatri Mandir, Transport Nagar, Korba , District Korba Chhattisgarh. … Appellant versus 1 - Manharan Das S/o Late Shri Mohan Das Aged About 42 Years Caste Panika , R/o Village Gatwa , Chowki Pantora, District Janjgir Champa Chhattisgarh. 2 - Manrakhan Das S/o Late Shri Mohan Das Aged About 38 Years Caste Panika , R/o Village Gatwa , Chowki Pantora, District Janjgir Champa Chhattisgarh. 3 - Manbodh Das S/o Late Shri Mohan Das Aged About 34 Years Caste Panika , R/o Village Gatwa , Chowki Pantora, District Janjgir Champa Chhattisgarh. 4 – Surendra Das S/o Late Shri Mohan Das, Aged about 31 years, Caste Panika R/o Village Gatwa, Chowki Pantora, District Janjgir-Champa, Chhattisgarh. 5- Santosh Kanwar S/o Darshan Singh Kanwar Aged About 50 Years Caste Kanwar , R/o Village Purena , Post Office Pantora, Thana Balouda , District Janjgir Champa Chhattisgarh. (Driver) 3 6 - Balaram Yadav S/o Shri Fekuram Yadav Aged About 35 Years Caste Yadav , R/o Saopara Mudali , Thana Hardi Bazar District Korba Chhattisgarh. (Owner) ... Respondents For Appellant : Mr. Utsav Mahiswar, Advocate For Respondents : None though served SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 18.07 .2025 1. Since common question of law and fact is involved in both of these appeals, therefore, they have been clubbed together, heard together and are being disposed of by this common judgment. 2. Both of these appeals under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) have been preferred by the appellant (insurance company) challenging the impugned award dated 06/09/2021 passed by Learned 1st Additional Motor Accidents Claims Tribunal Janjgir, District Janjgir-Champa in Claim Cases No. 87/2019 and 88/2019, whereby learned Claims Tribunal has awarded a sum of Rs. 4,55,000/- as compensation for the death of Mohandas and Rs. 2,66,000/- for the death of his wife Horil Bai, who died in a motor accident after getting 4 collided by a Bolero jeep bearing Registration No. CG 12 AJ 4504 driven by respondent No. 5, owned by respondent No. 6 and insured by the appellant/insurance company. 3. Respondents No. 1 to 4/claimants, who are sons of deceased Mohandas and Horil Bai, filed two sets of claim petitions before the Claims Tribunal, one being claim case No. 87/2019 for the death of their father Mohandas and another being claim case No. 88/2019 for the death of their mother Horil Bai. 4. Learned Claims Tribunal, after appreciation of oral and documentary evidence on record, assessed the monthly income of Mohandas, aged about 60 years, who worked as an unskilled labourer, to be Rs. 6,000/- and awarded compensation to the tune of Rs. 4,55,000/- for his death. In the case of Horil Bai, aged about 55 years, her monthly income was assessed to be Rs. 3000/- and a sum of Rs. 2,66,000/- was awarded as compensation. 5. Learned counsel for the appellant would submit that there is a delay of 53 days in lodging the FIR with an intention to gain benefit of insurance of offending vehicle. He would further submit that the quantum of compensation that has been awarded by the Claims Tribunal is on the higher side and moreover, the claimants are major sons of the deceased persons and they are not dependents upon them, 5 as such, the appellant (insurance company) is not liable to pay compensation to the claimants. 6. None appeared on behalf of the respondents though served. 7. I have heard learned counsel for the parties, considered their submissions and perused the record. 8. A careful perusal of the impugned award would show that in the case of death of Mohandas, his monthly income has been taken to be Rs. 6,000/- which totals to Rs. 72,000/- per annum and after deducting 1/4th income and then applying a multiplier of 7 and adding Rs. 77,000/- under other heads, total compensation that has been awarded is Rs. 4,55,000/- which is rather on the lower side. Similarly, with regard to the death of Horil Bai, her monthly income has been taken to be Rs. 3,000/- which totals to Rs. 36,000/- and after deducting 1/4th income and applying a multiplier of 7 and then adding Rs. 77,000/- under other heads, a sum total of Rs. 2,66,000/- has been awarded as compensation, which in my considered opinion is strictly in accordance with law and does not warrant any interference by this Court. Moreover, the argument of delay in lodging FIR would not lead to rejection of the claimants’ claim petitions. As such, I do not find any merit in both of these appeals. 6 9. Accordingly, both of these appeals are liable to be and are hereby dismissed. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet