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2025 DAILYLAW 47924 (CHH)

SMT. JAL BAI v. AVINASH KUMAR TRILOKI

MAC/91/2023 · 2025-11-13

Shri Sanjay K Agrawal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:55660 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 91 of 2023 1 - Smt. Jal Bai W/o Narmada Prasad, Aged About 50 Years R/o Village - Ghanapar, Ghutku, Police Station - Koni, Tahsil - Takhatpur, District : Bilaspur, Chhattisgarh 2 - Narmada Prasad S/o Late Mangal Ram, Aged About 54 Years R/o Village - Ghanapar, Ghutku, Police Station - Koni, Tahsil - Takhatpur, District : Bilaspur, Chhattisgarh ... Appellants/Claimants versus 1 - Avinash Kumar Triloki S/o Ashok Triloki Aged About 20 Years R/o Village - Ghanapar, Ghutku, Police Station - Koni, Tahsil - Takhatpur, District - Bilaspur, Chhattisgarh. (Driver And Owner Of Vehicle No. C.G.- 10 - Av – 9391) 2 - I.C.I.C.I., Lombard General Insurance Company Limited, Through The Branch Manager, Branch Office, First Floor, Gurukripa Tower, Near I.C.I.C.I. Bank, Vyapar Vihar, Bilaspur, Police Station - Tarbahar, Bilaspur, Tahsil And District - HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.17 12:10:11 +0530 2 Bilaspur, Chhattisgarh. ( Insurer Of Vehicle No. C.G.- 10 - Av - 9391) ... Respondent(s) For Appellants : Ms. Diksha Jaiswal, Advocate For Respondent No. 2 : Mr. Suraj Patel on behalf of Mr. Shekhar Rao Amin, Advocates SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 14.11.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of amount of compensation, challenging the impugned award dated 22/11/2022 passed by learned 10th Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 1540/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 15,14,064/- as compensation to the appellants/claimants for the death of Devashish, aged about 17 years, who worked as an unskilled labourer. 2. Learned counsel for the appellants/claimants would submit that the appellants/claimants are entitled for additional compensation of Rs. 11,000/- over and above the compensation awarded by the Claims Tribunal, which may suitably be enhanced. 3 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation awarded by learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. A careful perusal of the record would show that the Claims Tribunal has awarded Rs. 25,000/- for funeral expenses and Rs. 15,000/- for loss of estate, which is enhanced to Rs. 26,500/- and Rs. 16,500/-, respectively. Furthermore, Rs. 80,000/- has been awarded under loss of consortium and it is hereby enhanced to Rs. 88,000/-. Thus, the amount of compensation of Rs. 15,14,064/- awarded by the Claims Tribunal is enhanced to Rs. 15,25,064/-. Hence, the claimants are held entitled for an additional amount of Rs. 11,000/-. Respondent No. 1 is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days 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. 12/10/2021 till its realization. Rest of the conditions of the impugned award shall remain intact. 4 6. 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 Harneets