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2025 DAILYLAW 61113 (CHH)

SMT. MASE KASHYAP v. RAISINGH

MAC/851/2023 · 2025-12-10

Shri Sanjay K Agrawal

body2025

Judgment text

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1 2025:CGHC:60340 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 851 of 2023 1 - Smt. Mase Kashyap, Wd/o. Late Kumma Kashyap, Aged About 32 Years, R/o. Patelpara, Village Chhapar Bhanpuri, Post Chhapar Bhanpuri, P.S. Badanji, District Bastar, Chhattisgarh. 2 - Ramchandra Kashyap, S/o. Late Kumma Kashyap, Aged About 15 Years, Minor Through Claimant No.1- Smt. Mase Kashyap (Mother), R/o. Patelpara, Village Chhapar Bhanpuri, Post Chhapar Bhanpuri, P.S. Badanji, District Bastar, Chhattisgarh. 3 - Ku. Icchawati Kashyap, D/o. Late Kumma Kashyap, Aged About 13 Years. Minor Through Claimant No.1- Smt. Mase Kashyap (Mother), R/o. Patelpara, Village Chhapar Bhanpuri, Post Chhapar Bhanpuri, P.S. Badanji, District Bastar, Chhattisgarh. 4 - Kailash Kashyap, S/o. Late Kumma Kashyap, Aged About 10 Years, Minor Through Claimant No.1- Smt. Mase Kashyap (Mother), R/o. Patelpara, Village Chhapar Bhanpuri, Post Chhapar Bhanpuri, P.S. Badanji, District Bastar, Chhattisgarh. ... Appellants ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.12.11 17:08:43 +0530 2 versus 1 – Raisingh, S/o. Devendra Singh @ Raju, R/o. Adhanpur, Jagdalpur, District- Bastar, Chhattisgarh (Driver) 2 - Laxmikant Harijan, S/o. Kanhaiyalal Harijan, Aged About 25 Years, R/o. Chhapar Bhanpuri, District Bastar, Chhattisgarh (Owner). 3 - The IFFCO Tokio General Insurance Company Limited, Through Branch Manager, Branch Office - Shop No. 205, 2nd Floor, MM Silver Plaza, Mahaveer Nagar, Ring Road No.01, Raipur, District Raipur, Chhattisgarh (Insurance Co.). ... Respondents For Appellants : Mr. Abhishek Nirala, Advocate on behalf of Mr. P.K.Tulsyan, Advocate For Respondent No.3 : Ms. Shrejal Gupta, Advocate on behalf of Mr. Vaibhav Shukla, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 11.12.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/ claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 10.03.2023 passed by learned Motor Accident Claims Tribunal, Bastar Place Jagdalpur, in Claim Case No.224/2021, by which the claim application of the appellants/ claimants has been allowed and 3 an amount of Rs.20,97,136/- has been awarded as compensation to the claimants along-with interest @ 9% per annum from the date of filing of claim application. 2. Learned counsel appearing for the parties would jointly submit that towards funeral expenses, loss of estate & consortium, the appellants/claimants will be entitled for an additional amount of Rs. 19,000/-. As such, the concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days. The additional amount of compensation shall also 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. 3. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok