1 2025:CGHC:54674 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1345 of 2023 The New India Assurance Company Limited, Through Its Divisional Manager, Divisional Office- S A D A Complex, Transport Nagar, Korba, P.O. Korba, District Korba (Chhattisgarh) ... Appellant versus 1 - Shanti Pandey, W/o. Late Vishveshwar, Aged About 56 Years, R/o. Quarter No. 151 Old Mines, Ward No. 14, P.S. Bhatgaon, District Surajpur (Chhattisgarh) 2 - Rahul Kumar Pandey, S/o. Late Vishveshwar, Aged About 28 Years, R/o. Quarter No. 151 Old Mines, Ward No. 14, P.S. Bhatgaon, District Surajpur (Chhattisgarh) 3 - Abha Pandey, D/o. Late Vishveshwar, Aged About 26 Years, R/o. Quarter No. 151 Old Mines, Ward No. 14, P.S. Bhatgaon, District Surajpur (Chhattisgarh) 4 - Ajay Kumar, S/o. Chetnarayan Pal, Aged About 25 Years, R/o- P.O. And P.S. Navgarh, Distt. Chandauli (U.P.) Present Address Of ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.11.11 13:18:36 +0530 2 Occupation- C/o. Balkar Singh, S/o. Surat Singh, Plot No. S-2/101, Vrindavan Garden Sahibabad, Gajhiabad (UP) (Driver) 5 - Balkar Singh, S/o. Shri Surat Singh, Original R/o- N.H. 8 Delhi Jaipur Road, Gurgaon, Address Of Occupation- Plot No. S-2/101 Vrindavan Garden Sahibabad, Gajhiabad (UP) ... Respondents For Appellant : Mr. Dashrath Gupta, Advocate For Respondents No.1, 2 & 3. : Mr. Krishnakant Prajapati, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 10.11.2025 1. The appellant/insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity & correctness of the impugned award dated 12.01.2023, passed by the learned Additional Motor Accident Claims Tribunal, Pratappur, District Surajpur, by which the claim application of the claimants has been allowed and an amount of compensation to the tune of Rs.51,10,785/- has been awarded to the claimants for the death of deceased Vishveshwar. 3 2. Mr. Dashrath Gupta, learned counsel for the appellant/ insurance company, would submit that the learned Claims Tribunal has deducted 1/4 towards personal expenses of the deceased, which ought to have been deducted 1/3 in light of the decision of the Supreme Court in the matter of Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors1. He would further submit that the learned Claims Tribunal has taken the income of the deceased at higher side. Therefore, the appeal may be allowed in part and the impugned award is liable to be modified. 3. Mr. Krishnakant Prajapati, learned counsel for the claimants/ respondents No.1, 2 & 3 would support the impugned award and submit that the appeal of the insurance company is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. The claimants are three in numbers i.e. wife, son & daughter of the deceased. Since the plea has not been taken in written statement that the deduction should be 1/3rd towards personal expenses of the deceased and considering the facts and 1 (2009) 6 SCC 121 4 circumstances of the case, Claims Tribunal is justified in deducting 1/4th towards personal expenses. As such, I do not find any merit in this case to interfere with the impugned award, the appeal deserves to be and is hereby dismissed. Sd/- (Sanjay K. Agrawal) Ashok Judge