1 2025:CGHC:53880 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1416 of 2023 Branch Manager The Oriental Insurance Company Limited, First Floor, R.K. Plaza, Pachpedi Naka, Ring Road No.1, Raipur, District Raipur (C.G.) ... Appellant versus 1 - Chandrakali Wd/o Krishna Kumar @ Krishna Dehre Aged About 40 Years R/o Village Hemaband, Police Station Darhi, District Bemetara, (C.G.) 2 - Ku. Neha D/o Krishna Kumar @ Krishna Dehre Aged About 17 Years Minor Through Natural Guardian Mother (Respondent No.1 Chandrakali Widow Of Krishna Kumar @ Krishna Dehre, Aged About 40 Years), R/o Village Hemaband, Police Station Darhi, District Bemetara, (C.G.) 3 - Smt. Hemkali W/o Jitendra Ghritlahare Aged About 30 Years R/o Village Sivni, Murkuta, Police Station Nandghat, District Bemetara (C.G.) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.06 11:09:01 +0530 2 4 - Ramkali W/o Manoj Khelwar Aged About 28 Years R/o Village Mohbhattha, Police Station Berla, District Bemetara (C.G.) 5 - Ishtiyak Moh. S/o Achchhe Ansari Aged About 46 Years R/o House No. 35d/23/2 New Chakiya, G.T.B. Nagar Allahabad (U.P.) (Driver) 6 - Kiran Buildcon 1/179/7 Punjabi Para, Raipur Road Bemetara, Tahsil Berla, District Bemetara (C.G.) (Owner) ... Respondent(s) For Appellant : Mr. Anil Gulati, Advocate For Respondents No. 5 & 6 : Mr. Samir Singh, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 04.11.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant (Insurance Company) challenging the impugned award dated 02/03/2023 passed by learned Additional Motor Accident Claims Tribunal, Bemetara, District Bemetara (C.G.) in Claim Case No. 19/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 10,30,000/- as compensation to respondents No. 1 to 4/claimants for the death of Krishna Kumar @ Krishna 3 Dehre and the liability of payment of compensation has been fastened upon the appellant (Insurance Company). 2. Learned counsel for the appellant (Insurance Company) would submit that the Claims Tribunal has erred in granting excessive compensation to the claimants as respondent No. 4, being the married daughter of deceased, would not be entitled for any compensation. He would further submit that engine number of the offending vehicle is different in the RC book than what has been mentioned in the insurance policy, as such, the appellant (Insurance Company) ought to have been exonerated from the liability of payment of compensation to the claimants. 3. Learned counsel for respondents No. 5 and 6 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 written statement filed by the appellant (Insurance Company) before the Claims Tribunal would show that either of the two grounds raised by 4 learned counsel for the appellant herein have not been taken in their written statement filed before the Claims Tribunal and as such, the appellant (Insurance Company) cannot be allowed to take these grounds before this Court for the first time. Even otherwise, after perusing the material available on record, I do not find any merit in the grounds raised by the appellant (Insurance Company). 6. Accordingly, this appeal is liable to be and is hereby dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet