Page No.1 of 4 IN MAC-1259-2023 2025:CGHC:56380 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1259 of 2023 [Arising out of award dt. 21.04.2023, passed in Claim Case No.94/2021 (Smt. Bhagwati Sidar and others v. Upendra Patel and others) by the 5th Addl. Motor Accident Claims Tribunal, Raigarh (CG)] The New India Insurance (Correct Name Is Assurance) Company Limited Through Manager, Office Kewda Badi, Near Bus Stand Raigarh, Tahsil And District Raigarh (C.G.) ... Appellant Versus 1 - Smt. Bhagwati Sidar W/o Gangaram Sidar Aged About 62 Years R/o Gayatri Mandir Road, Boierdadar Raigarh, Police Station Chakradhar Nagar, Raigarh, District Raigarh (C.G.) (Claimants) 2 - Gangaram Sidar S/o Late Raghav Sidar Aged About 63 Years R/o Gayatri Mandir Road, Boierdadar Raigarh, Police Station Chakradhar Nagar, Raigarh, District Raigarh (C.G.) (Claimants) 3 - Mahabir Sidar S/o Gangaram Sidar Aged About 30 Years R/o Gayatri Mandir Road, Boierdadar Raigarh, Police Station Chakradhar Nagar, Raigarh, District Raigarh (C.G.) (Claimants) 4 - Upendra Patel S/o Shri Harishankar Patel Aged About 30 Years R/o Village Kodkel, Police Station And Tahsil Tamnar, District Raigarh (C.G.) (Registered Owner Of Trailer Vehilce No. C.G. 16 La 8810) 5 - Uttam Kumar Sahu S/o Late Purushottam Sahu Aged About 49 Years R/o Village Bendo Jhariya, Police Station Kharsiya, District Raigarh (C.G.) (Driver Of Vehicle Trailer No. C.G. 16 L.A. 8810) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Ms. Swati Agrawal, Advocate on behalf of Mr. Pankaj Agrawal, Advocate SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 4 IN MAC-1259-2023 For Respondents : Mr. A.K. Yadav, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 19.11.2025 1. In this appeal filed under Section 173 of the Motor Vehicle Act, 1988 (for short the “MV Act”), the appellant-Insurance Company is calling in question the legality, validity and correctness of impugned award dt. 21.04.2023, passed in Claim Case No.94/2021 (Smt. Bhagwati Sidar and others v. Upendra Patel and others) by the 5th Addl. Motor Accident Claims Tribunal, Raigarh (CG) (for short the “MACT”), whereby the claim application filed by the respondents No.01 to 03/claimants has been allowed and compensation to the tune of Rs.17,58,640/- has been awarded to they alongwith interest @ 7.5% PA from the date of claim till its actual realization, which is payable by the appellant-Insurance Company herein. 2. Learned counsel for the appellant-Insurance Company would make sole submission that since the deceased was bachelor and the claimants were his parents and brother, therefore, per the decision of the Supreme Court in Sarla Verma (Smt) and others v. Delhi Transport Corporation and another 1 50% (½) deduction ought to have been done from the income of the deceased towards personal living, whereas, the learned MACT has deducted only 1/3 towards the same. As such, the impugned award is liable to be set aside. 1 (2009) 6 SCC 121 Page No.3 of 4 IN MAC-1259-2023 3. On the other hand, learned counsel for the respondent supported the impugned award and prays for dismissal of this appeal. 4. I have heard learned counsel for the parties, considered their rival submissions made hereinabove and went through the record with utmost circumspection. 5. In order to consider the plea raised at the bar, it would appropriate to notice the judgment of Sarla Verma (supra), wherein it has been held as under: “32. Thus even if the deceased is survived by parents and siblings, only the mother would be considered to be a dependant, and 50% would be treated as the personal and living expenses of the bachelor and 50% as the contribution to the family. However, where family of the bachelor is large and dependant on the income of the deceased, as in a case where he has a widowed mother and large number of younger non-earning sisters or brothers, his personal and living expenses may be restricted to one-third and contribution to the family will be taken as two-third.” 6. In the case at hand, the learned MACT upon finding that the deceased was having his old aged parents (both mother and father) and brother dependent upon him, deducted 1/3rd amount from his income towards personal living, which in the considered opinion of this Court is well merited under the peculiar facts and circumstances of the present case and, I do not consider it a fit case warranting interference in the impugned award, passed by the Page No.4 of 4 IN MAC-1259-2023 learned MACT. 7. Accordingly, I do not find any merit in this appeal. It deserves to be and is hereby dismissed. sd/- (Sanjay K. Agrawal) Judge s@if