1 2025:CGHC:53006 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 173 of 2024 ICICI Lombard General Insurance Company Through - The Branch Manager, Address - Ground Floor, Vanija Bhavan, Devendra Nagar Road, District - Raipur, Chhattisgarh. Pin No. -492009 Presently At - 5th Floor, Skypark, Oop. Banthia Nursing Home, Canal Road, Civil Lines, Raipur - 492001, Chhattisgarh. (Insurance Company Of Offending Motor Cycle Bearing No. Cg 10 Av 6392 Wronlgy Mentioned As Driver/owner). … Appellant versus 1 - Ashok Kumar Godd S/o Laxman Godd, Aged About 46 Years (Dead), Resident Of Bahatari, Near Nag Nagain Tahlab, Thana - Sarkanda, District - Bilaspur, Chhattisgarh. 2 - Smt. Mamta Godd W/o Ahsok Kumar Godd Aged About 34 Years Resident Of Bahatari, Near Nag Nagain Tahlab, Thana - Sarkanda, District - Bilaspur, Chhattisgarh. (Claimants). 3 - Bharati Das Manikpuri S/o Shri Santosh Das Manikpuri Aged About 21 Years R/o Chingrajpara, Near Ganesh Chowk, Sarkanda, Thana - Sarkanda, District - Bilaspur, Chhattisgarh. (Driver/owner Of Offending Motorcycle Bearing No. Cg 10 Av 6392). ... Respondent(s) For Appellant : Mr. Suraj Patel, Advocate, holding the brief of Mr. Shekhar Rao Saheb Amin, Advocate For Respondent No.3 : Mr. Prashant Sahu, Advocate, holding the brief of Mr. Sharad Mishra, Advocate Digitally signed by NADIM MOHLE 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 30/10/2025 1. The appellant/insurance company has assailed the liability as well as the quantum of compensation awarded by the learned IV th Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 525/2021, dated 17.10.2023, whereby the the learned Tribunal granted compensation to the tune of Rs.7,98,704/- to the claimants on account of death of Anshu Gond. 2. The factual matrix of the case, in brief, is that on 15.10.2020, the deceased Anshu Gond, aged about 14 years, was travelling as a pillion rider on a motorcycle, which was being driven by his uncle namely Indra Kumar Dhruv. At the same time, the driver of the offending motorcycle bearing registration number CG-10-AV-6392, by driving it in a rash and negligent manner, dashed the motorcycle resultantly, Anshu Gond fell down and sustained grievous injuries and he succumbed to his injuries during the course of treatment. 3. The parents of the deceased filed the claim petition seeking compensation of Rs.42,22,400/-. The insurance company filed reply and denied the averments made in the claim petition. A specific plea was taken by insurance company that the driver of the offending vehicle did not have a valid and effective driving license on the date of the accident. The learned Tribunal, after framing issues and appreciating the evidence on record, passed the award fastening liability upon owner of the offending vehicle. However, the 3 learned Tribunal directed the insurance company to indemnify the award and granted liberty to recover the same from the owner of the offending vehicle. 4. Mr. Suraj Patel, learned counsel appearing for the appellant/insurance company has vehemently contended that since the driver of the offending vehicle did not possess a valid and effective driving license at the time of the accident, the learned Tribunal committed an error of law in directing the insurance company to indemnify the award. Mr. Patel submitted that age of the deceased was 14 years and the Tribunal erred in applying the multiplier and wrongly assessed the notional income of the deceased; thus, he prayed that the impugned award may be set aside. 5. On the other hand, learned counsel appearing for the respondent No.3 opposed the submission made by counsel for the appellant and submitted that the learned Tribunal has passed just and proper award. He contended that the appeal is devoid of merits and deserves to be dismissed. 6. I have heard learned counsel for the parties at length and perused the record. 7. The learned Tribunal framed specific issue with regard to the breach of conditions of the insurance policy. The insurance company examined NAW/1 Saurabh Singh, who deposed that on date of accident, the driver of the offending vehicle was not in possession of a valid and effective driving license and driver/owner of the offending vehicle could not rebut the evidence 4 adduced by IAW/1. Consequently, this issue was decided in favour of the insurance company. 9. It is an admitted fact that the age of the deceased was 14 years at the time of the unfortunate accident. The Hon'ble Supreme Court in the matter of Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari & Anr. (2025 INSC 1070) has reaffirmed the principle of granting "just and fair compensation" in motor accident cases. Particularly where a child has suffered injury or lost life, the Hon'ble Supreme Court has laid down that the calculation of loss of income must necessarily be made on the basis of minimum wages payable to a skilled worker in the respective State at the relevant point of time. This ensures that the compensation awarded is neither arbitrary nor inadequate, but reflects a realistic assessment of the potential earning capacity of the deceased had he lived to attain adulthood. 11. Taking into consideration the law laid down by the Hon'ble Supreme Court in Hitesh Nagjibhai Patel (supra) and the facts of the present case, this Court is of the considered opinion that the learned Tribunal has rightly considered the notional income of the deceased and applied multiplier accordingly. The learned Tribunal rightly recorded a finding that the driver did not possess a valid driving license at the time of accident and fastened liability upon the driver and owner of the vehicle. 5 12. The direction to the insurance company to first indemnify the award, with liberty to recover the same from the driver/owner, appears to be reasonable and in consonance with the settled legal position. 13. For the foregoing reasons the appeal, being bereft of merit, is hereby dismissed. Sd/- Rakesh Mohan Pandey JUDGE Nadim