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2025 DAILYLAW 52775 (CHH)

SMT. DHAN BAI v. SANJAY SINGH

MAC/956/2022 · 2025-10-06

Shri Sanjay K Agrawal

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Judgment text

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1 MAC No. 956 of 2022 2025:CGHC:49865 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 956 of 2022  Smt. Dhan Bai W/o Santosh Kumar Yadav, Aged About 35 Years, R/o Village & Police Station - Sakri, District Bilaspur (C.G.) (Applicant) ... Appellant versus 1.Sanjay Singh S/o Bhola Singh, R/o Katainar, The Katghora, W.No. 45, Ghurdew, Korba C.G. - 495447. (Driver Of The Vehicle No. C.G. - 12 S- 1473) (Non-Applicants). 2.Rajesh Kumar Singh S/o Maharana Pratap Singh, R/o Diwakar Para, Banki Mongra, Police Station - Banki Mongra, District - Korba (C.G.) (Owner Of The Vehicle No. C.G. - 12 S-1473). 3.The New India Insurance Company Limited, Through Divisional Manager, Division Office - Rama Trade Center, In Front Of Rajiv Plaza, Bilaspur, Tahsil and District - Bilaspur (C.G.) (Insurer Of The Vehicle No. C.G. - 12 S- 1473) ... Respondents For Appellant :- Mr. Anand Kesharwani, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.10.09 10:57:51 +0530 2 MAC No. 956 of 2022 For Insurance Company/Respondent :- Mr. Samir Singh, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 07.10.2025 1.This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 31.01.2022 passed by the 2nd Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 723/2019, whereby learned Claims Tribunal has awarded a total sum of 53,530/- ₹ as compensation along with interest. 2.Mr. Anand Kesharwani, learned counsel for the appellants, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. He would also submit that the just and proper 3 MAC No. 956 of 2022 compensation has not been awarded by the Claims Tribunal and, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3.Per contra, Mr. Samir Singh, learned counsel for the Insurance Company, would submit that the amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 4.I have heard learned counsel for the parties, considered their rival submissions made herein- above and gone through the records meticulously. 5.Taking into consideration the submissions made by learned counsel for the parties and also facts and circumstances of the case, I am of the considered opinion to enhance the amount to the extent of ₹22,000/- in the interest of justice. As such, the total amount of compensation is 75,530/-. ₹ The Insurance Company is directed to deposit the amount of 4 MAC No. 956 of 2022 compensation as enhanced by this Court i.e. ₹22,000/- within a period of three months 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 till its realization. Rest of the conditions of the impugned award shall remain intact. 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 Ankit