1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 917 of 2025  United India Insurance Company Limited, Head Office 24 White Road Chennai 600014 Through- Manager, T.P.Hub Bilaspur, L.I.C. Building, 1st Floor, Magarpara Road, Bilaspur (C.G.) (Insurer) ... Appellant(s) versus 1. Smt. Pojje Nedi W/o Late Masa Nedi Aged About 44 Years R/o Village Mokpal (Dongriguda Para) P.S. Kuakonda, District Dantewada (C.G.) 2. Smt. Sunni Nedi W/o Late Masa Nedi Aged About 43 Years R/o Village Mokpal (Dongriguda Para) P.S. Kuakonda, District Dantewada (C.G.) 3. Smt. Hidme Nedi W/o Late Masa Nedi Aged About 44 Years R/o Village Mokpal (Dongriguda Para) P.S. Kuakonda, District Dantewada (C.G.) 4. Umesh Nedi S/o Late Masa Nedi Aged About 23 Years R/o Village Mokpal (Dongriguda Para) P.S. Kuakonda, District Dantewada (C.G.) 5. Ku. Somdi Nedi D/o Late Masa Nedi Aged About 23 Years R/o Village Mokpal (Dongriguda Para) P.S. Kuakonda, District Dantewada (C.G.) 6. Saddu Nedi S/o Late Masa Nedi Aged About 16 Years (Minor Through Natural Guardian Pojje Nedi And Smt. Hidme Nedi) R/o Digitally signed by AJINKYA PANSARE Date: 2025.11.12 16:55:19 +0530 2 Village Mokpal (Dongriguda Para) P.S. Kuakonda, District Dantewada (C.G.) 7. Ku. Sundari Nedi D/o Late Masa Nedi Aged About 16 Years (Minor Through Natural Guardian Pojje Nedi And Smt. Hidme Nedi) R/o Village Mokpal (Dongriguda Para) P.S. Kuakonda, District Dantewada (C.G.) (Claimants) 8. Mukesh Kumar Sethiya S/o Shivram Sethiya Aged About 30 Years Village Balpeth (Daralpara), Post Balpeth, P.S. Dantewada, District Dantewada (C.G.) (Driver) 9. Salem Mohammad Ismail S/o Salem Mohammad Ibrahim Village Mailawada, P.S. Kuakonda, District Dantewada (C.G.) (Owner) ... Respondent(s) For Appellant : Mr. P.R. Patankar, Advocate For Respondents : None, though served Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 12-11-2025 1) Heard on admission. 2) By way of this appeal, Insurance Company has challenged the award passed by the learned Additional Motor Accident Claims Tribunal, Dantewada, District – South Bastar Dantewada in Claim Case No. 21/2024 dated 21.11.2024 whereby learned Claims Tribunal has passed an award to the tune of Rs. 17,83,200/- along with interest @ 9% per annum on account of death of Masa Nedi. 3) Facts of the present case are that on 25.7.2023 at about 5:30 p.m., Masa Nedi and Somdu Muchaki were travelling on 3 motorcycle bearing registration No. AP-20-AV-9451 as pilion riders. They had gone to Geedam and while returning to their home at Mokpal, a Bolero pickup vehicle bearing registration No. CG-18-N-2912 dashed the motorcycle. In the accident, Masa Nedi and Somdu Muchaki sustained grievous injuries and died during the course of treatment. Claimants who are three widows and children of the deceased Masa Nedi, filed the claim case claiming therein compensation to the tune of Rs. 31,90,000/- and pleaded that age of the deceased was 45 years and he was earning Rs. 20,000/- per month. Insurance Company as well as driver and owner of the offending vehicle filed reply and denied the averments made in claim application. Claims Tribunal framed issues ; parties led evidence and award impugned was passed. 4) Mr. P.R. Patankar, counsel appearing for the Insurance Company submits that age of the deceased according to the AADHAR card was 62 years but the learned Claims Tribunal has considered the age of the deceased 45 years on the basis of entries made in Post Mortem Report and applied incorrect multiplier. He prays to modify the award impugned. 5) Heard. 6) Perusal of the record would show that no document was adduced by the Insurance Company to establish the age of the deceased, even no witness was examined and for the first time, in this appeal, a plea has been taken that age of the deceased was 62 4 but same cannot be accepted in absence of any relevant documentary evidence. The learned Claims Tribunal has assessed the age of the deceased on the basis of entries made in Post Mortem Report and such finding appears to be fair and reasonable. 7) With regard to quantum of compensation, learned Claims Tribunal has considered the deceased to be an unskilled laborer and applied the minimum wage matrix to assess the monthly income and such finding does not require interference. Further, learned Claims Tribunal has deducted 1/5th dependency towards personal and living expenses of the deceased looking to the number of dependents and applied multiplier of 14 as the age of deceased was considered to be 45 years at the time accident. On conventional heads, learned Claims Tribunal has awarded just and proper compensation, which does not warrant any interference. 8) Taking into consideration the above-discussed facts, no case is made out to interfere with the award impugned. Consequently, this appeal fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a