1 2025:CGHC:40260 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 370 of 2022 United India Insurance Co. Ltd. Through Branch Manager Paras Complex, Near State Bank Of India/ Gurudwara, Station Road, Durg, Tahsil And Distrit Durg Chhattisgarh. Through T.P.Hub Incharge, United India Insurance Co. Ltd. Magarpara Road Bilaspur District Bilaspur Chhattisgarh. ... Appellant versus 1 - Smt. Unen Bai, W/o. Shatrughan Deshmukh, Aged About 47 Years, R/o. Ward No. 5, Deshmukh Para, Village Rauna, Post Kandula, Rauna, Arjunda, District Balod Chhattisgarh. 2 - Shatrughan Deshmukh, S/o. Durgaram Deshmukh, Aged About 51 Years, R/o. Ward No.5, Deshmukh Para, Village Rauna, Post Kandula, Rauna, Arjunda, District Balod Chhattisgarh. 3 – Hemkumari, D/o. Shatrughan Lal, Aged About 23 Years, R/o. Ward No. 5, Deshmukh Para, Village Rauna, Post Kandula, Rauna, Arjunda, District Balod Chhattisgarh. ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.08.12 16:58:32 +0530 2 4 - Janki Deshmukh, D/o. Shatrughan, Aged About 20 Years, R/o. Ward No. 5, Deshmukh Para, Village Rauna, Post Kandula, Rauna, Arjunda, District Balod Chhattisgarh. ……………..(Claimants) 5 - Gurudeep Singh, S/o. Late Ajinder Singh, Aged About 50 Years, R/o. Santarabadi Ward No. 25, P.S. Mohan Nagar, District Durg Chhattisgarh. ………...(Driver Cum Owner) ... Respondents For Appellant : Mr. Pravin Kumar Tulsyan, Advocate For Respondents : None present. (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 11.08.2025 1. The appellant/insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity and correctness of the award dated 21.12.2021 passed by the Sixth Additional Motor Accident Claims Tribunal, Durg, whereby an amount of compensation of Rs.18,75,272/- has been awarded to the claimants along-with interest @ 7% per annum and liability has been fastened upon the insurance company. 3 2. Mr. Praveen Kumar Tulsyan, learned counsel for the appellant, would submit that 1/3 towards personal expenses has been deducted, which is inappropriate as deceased Neelkanth Deshmukh was bachelor and multiplier of 17 ought to have been applied in place of 18 and, as such, the amount of compensation has not been properly assessed. He further submits that the vehicle in question has been falsely implicated, therefore, the insurance company is not liable and the appeal deserves to be allowed. 3. None appeared on behalf of the respondents despite repeated calls. 4. I have heard learned counsel for the appellant, considered his rival submissions made herein-above and went through the records with utmost circumspection. 5. Though the appellant/insurance company has taken a plea that the FIR was against unknown person and vehicle was not involved in the accident in question, but no evidence has been led in this behalf to establish the same. Furthermore, considering the fact that the claimants are father, mother & two sisters of the deceased, therefore, 1/3 deduction towards 4 personal expenses has been adopted taking the income of Rs.8,920/- per month and further taking into the age of deceased more than 25 years, multiplier of 18 has been applied, which in my considered opinion, is correct finding of fact based on evidence available on record, which is neither perverse nor contrary to the record. As such, I do not find any merit in this appeal, the same deserves to be and accordingly dismissed. The parties shall bear their own costs. Sd/- (Sanjay K. Agrawal) Ashok Judge