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2025 DAILYLAW 52236 (CHH)

BHIRUDAS MAINKPURI v. RAMCHARAN YADAV

MAC/216/2023 · 2025-10-05

Shri Sanjay K Agrawal

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Judgment text

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1 MAC No. 216 of 2023 2025:CGHC:49747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 216 of 2023 1.Bhirudas Mainkpuri S/o Shri Tamradhwaj Manikpuri, Aged About 29 Years; 2.Minor Yugaldas Manikpuri S/o Bhirudas Manikpuri, Aged About 5 Years, Through Legal Guardian Father Bhirudas Manikpuri; 3.Tamradhwaj Manikpuri S/o Agrahit Manikpuri, Aged About 50 Years; 4.Mantora Bai W/o Tamradhwaj Manikpuri, Aged About 48 Years; All are R/o Village Kuthrel, Police Station Anda, Tahsil & District Durg, Chhattisgarh. ... Appellants/Claimants versus 1.Ramcharan Yadav S/o Shri Parshu Ram Yadav, Aged About 27 Years, R/o Village Ghotiya, Police Station Palari, District Baloda Bazar-Bhatapara, Chhattisgarh. (Driver Of Alleged Vehicle Truck Bearing Registration No. C.G.-04-HX.-1287) 2.Shri Niwas Road Lines, Through Partner Ankit Bagda S/o Prem Narayan Bagda, Aged About 28 Years, R/o Chaitnya Tower, House No. 410 Mowa Raipur Tahsil & District Raipur, Chhattisgarh. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.10.08 10:50:42 +0530 2 MAC No. 216 of 2023 (Owner Of Alleged Vehicle Truck Bearing Registration No. C.G.-04-HX.-1287). 3.The New India Insurance Company Limited, Branch Office Ambedkar Chowk Baloda Bazar, District Baloda Bazar-Bhatapara, Chhattisgarh. (Insurer Of Alleged Vehicle Truck Bearing Registration No. C.G.-04-HX.-1287) ... Respondents For Appellants :- Mr. S.P. Sahu, Advocate For Respondent No.2 :- Mr. C.K. Sahu, Advocate. For Respondent No.3 :- Mr. Anil Gulati, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 06.10.2025 1.At the very outset, learned counsel for the appellants seeks permission of this Court to withdraw the instant appeal. 2.At this stage, Mr. Anil Gulati, learned counsel for the Insurance Company/respondent No.3, would submit that Insurance Company has filed cross objection claiming deduction of the amount of compensation as 1/3rd amount ought to have been deducted towards the personal and living expenses of deceased Gayatri Manikpuri. 3 MAC No. 216 of 2023 3.After taking into consideration the oral and documentary evidence available on record and also in light of principle of law laid down by their Lordships of the Supreme Court in the matter of Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors1, I am of the considered opinion that 1/4th deduction has rightly been made by the Claims Tribunal towards the personal expenses. 4.In view of the above, as prayed, the appeal is dismissed as withdrawn and after hearing learned counsel for Insurance Company, I do not find any merit in the cross objection, accordingly, the same is dismissed. Sd/- (Sanjay K. Agrawal) Judge Ankit 1 (2009) 6 SCC 121