1 2025:CGHC:60619 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1312 of 2022 The New India Assurance Company Ltd., Through Its Branch Manager, Branch Office, IInd Floor, L. I. C. Investment Building, Jeewan Beema Marg, Pandari, Raipur, District Raipur, Chhattisgarh …(Non Applicant No. 4) ... Appellant versus 1 - Smt. Phulkunwar Bahgel, Wd/o. Late Itwaruram Baghel, Aged About 47 Years, R/o. Village Sarona, P. S. Sarona, Tahsil Narharpur, District Kanker Chhattisgarh (Applicant No.1) 2 - Ku. Santoshi Baghel, D/o. Late Itwaruram Baghel, Aged About 26 Years, R/o. Village Sarona, P. S. Sarona, Tahsil Narharpur, District Kanker Chhattisgarh (Applicant No. 2) 3 - Ku. Mamta Baghel, D/o. Late Itwaruram Baghel, Aged About 23 Years, R/o. Village Sarona, P. S. Sarona, Tahsil Narharpur, District Kanker Chhattisgarh (Applicant No. 3) 4 - Vikeshwar Baghel, S/o. Late Itwaruram Baghel, Aged About 20 Years, R/o. Village Sarona, P. S. Sarona, Tahsil Narharpur, District Kanker Chhattisgarh (Applicant No. 4) ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.12.12 17:40:26 +0530 2 5 - Rahul Markarm, S/o. Makhanlal Markam, Aged About 25 Years, R/o. Village Chhaparpara Basanvahi, P.O. Dudhawa, Tahsil Narharpur, District North Baster Kanker Chhattisgarh (Driver) (Non Applicant No.1) 6 - Ankit Netam, S/o. Kundan Singh Netam, Aged About 21 Years, R/o. Village Kotal Bhatti, P. S. And Tahsil Narharpur, District North Baster Kanker Chhattisgarh (Owner) (As Per R C Book) (Non Applicant No.2) 7 - Gajendra Kumar Sahu, S/o. Laxmikant Sahu, R/o. Micro Office, Near Old Krishi Mandi, Aarang, District Raipur Chhattisgarh (As Per Ins. Policy) (Non Applicant No.3) ... Respondents For Appellant : Mr. Dashrath Gupta, Advocate For Respondent No.5 & 6 : Mr. Arvind Prasad, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 12.12.2025 1. The appellant/insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity and correctness of the impugned award dated 26.07.2022 passed by the learned 1st Additional Motor Accident Claims Tribunal, District North Baster Kanker in Claim Case No. 01/2020, by which the claim application of the claimants has been 3 allowed and liability has been fastened upon the insurance company to pay the compensation amount. 2. Mr. Dashrath Gupta, learned counsel for appellant/ insurance company, would submit that income of the deceased has been taken on higher side and appropriate income tax has not been deducted, therefore, the amount of compensation be reduced suitably, which was opposed by Mr. Arvind Prasad, learned counsel appearing for the respondents No.5 & 6. 3. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 4. A careful perusal of the document (Ex.P-37) would show that the monthly income of the deceased was Rs. 85,060/-, which has been proved by Section Officer- Raju Mandavi (PW-2), Electricity Distribution Company and furthermore, the income tax of Rs.72,000/- per year has also been deducted from the income of the deceased. Therefore, I do not find any merit in this appeal, the same is liable to be and accordingly dismissed. Sd/- (Sanjay K. Agrawal) Ashok Judge