(MAC No.637/2022) 2025:CGHC:57837 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 637 of 2022 {Arising out of award dated 3-3-2022 passed by the Chief Motor Accident Claims Tribunal, Raipur, District Raipur in Claim Case No.196/2019} Smt. Urmila Dhiwar, Aged about 43 years, W/o Late Shyam Lal Dhiwar, R/o Kalinagar, Lalpur, Raipur, Thana Tikarapara, Post Devpuri, Raipur, Tahsil and District Raipur (Chhattisgarh) (Claimant) ... Appellant versus 1. Ravi Kumar Dhiwar, Aged about 24 years, S/o Late Shyam Lal Dhiwar, Profession Fish Business, R/o Kalinagar, Lalpur, Raipur, Thana Tikarapara, Post Devpuri, Raipur, Tahsil and District Raipur (Chhattisgarh) (Driver) 2. The Iffco Tokiyo General Insurance Company Limited, Through Branch Manager, Near Udyog Bhawan, M.M. Silver Plaza, Ring Road No.1, Raipur, Tahsil and District Raipur (Chhattisgarh) (Insurer) ... Respondents For Appellant : Mr. Arjun Lal Singroul, Advocate. For Respondent No.2 : Mr. P.R. Patankar, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 27/11/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant herein/claimant seeking SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.11.28 11:03:40 +0530 (MAC No.637/2022) enhancement in the amount of compensation, challenging the impugned award dated 3-3-2022 passed by the Chief Motor Accident Claims Tribunal, Raipur, District Raipur in Claim Case No.196/2019, whereby the learned Claims Tribunal has awarded a total sum of ₹ 1,00,000/- along with interest @ 9% per annum as compensation for the death of Girwar Dhiwar, who was son of the appellant herein/claimant. 2. Mr. Arjun Lal Singroul, learned counsel appearing on behalf of the appellant herein/claimant, would submit that just and proper compensation has not been paid. 3. Mr. P.R. Patankar, learned counsel appearing on behalf of the Insurance Company/respondent No.2 herein, would submit that just and proper compensation has been paid by the Claims Tribunal. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. 5. The deceased was brother of owner of the vehicle and the claimants are parents of the deceased, and they have filed claim petition against their son i.e. the owner of the vehicle – respondent No.1 herein and the Insurance Company. The learned Claims Tribunal has granted compensation of ₹ 1,00,000/-, as ₹ 50/- has been paid for owner & driver towards personal accident coverage and liability of the Insurance Company is confined to ₹ 1,00,000/-. Since the (MAC No.637/2022) deceased was pillion driver of the motorcycle and premium of ₹ 50/- has been paid only to the extent of personal accident coverage to driver/owner of the vehicle, the Claims Tribunal is absolutely justified in confining the Insurance Company to pay ₹ 1,00,000/- as compensation. I do not find any merit in this appeal, it deserves to be and is accordingly dismissed. Sd/- (Sanjay K. Agrawal) Judge Soma