1 MAC No. 217 of 2022 2025:CGHC:46876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 217 of 2022 1. United India Insurance Co. Ltd. Through Branch Manager United India Insurance Co. Ltd. Near United Hospital, Syndicate Bank, 2nd Floor, Old Bus Stand Road, Rajnandgaon District Rajnandgaon Chhattisgarh, Through T.P. Hub/Divisional Manager United India Insurance Co. Ltd. Magarpara Road Bilaspur District Bilaspur Chhattisgarh. ... Appellant versus 1. Shyam Singh @ Sagnu Salame S/o Bisraya, Aged About 50 Years; 2. Kachribai W/o Shyam Singh, Aged About 41 Years; 3. Devalu Salame S/o Bisram Salame, Aged About 50 Years; 4. Mehtru Salame S/o Bisram Salame, Aged About 55 Years; All are Resident Of Village Devvadhvi, Post Bharri, Tahsil and P.S. Ambgarh Chowki District Rajnandgaon Chhattisgarh. (Claimants) 5. Sukhchan Yadav S/o Samal Yadav, Aged About 26 Years, R/o Village Kuhikala, Post Ramtarai, Tahsil And P.S. Churiya, District Rajnandgaon Chhattisgarh. (Driver of the offending vehicle). 6. Radhelal Sahu S/o Biharilal Sahu R/o Village Latakodo, Ward No. 5, Tahsil And P.S. Chilhati, District Rajnandgaon Chhattisgarh. (Owner of the offending vehicle). ... Respondent(s) For Appellant :- Mr. P.K. Tulsyan, Advocate. For Respondents No.1 to 4 :- Ms. Bhavika Kotecha, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.09.15 10:54:41 +0530 2 MAC No. 217 of 2022 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 12.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/Insurance Company challenging the impugned award dated 20.10.2021 passed by the 1st Additional Motor Accident Claims Tribunal, Rajnandgaon, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 179/2019, whereby learned Claims Tribunal has granted the claimants’ application for grant of compensation and awarded a total sum of 5,53,800/- ₹ along with interest. 2. Mr. P.K. Tulsyan, learned counsel for the appellant, would submit that the compensation awarded by the Claims Tribunal is on higher side by admitting that the claimants are the dependents of deceased Baro Bai and also the consortium amount to the tune of 44,000/- has wrong been awarded to the ₹ claimants, therefore, the same be reduced suitably to make just and proper compensation. 3. Ms. Bhavika Kotecha, learned counsel for the claimants/respondents No.1 to 4, would oppose the prayer made by learned counsel for the appellant and submit that the 3 MAC No. 217 of 2022 compensation awarded by the Claims Tribunal is just and proper. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records meticulously. 5. It is the plea of the appellant/Insurance Company that the claimants are not the dependents of deceased Bora Bai and, therefore, the claimants are not entitled for grant of compensation. A careful perusal of the written statement of the appellant/Insurance Company, would show that no such plea has been taken by the Insurance Company in the written statement before the Claims Tribunal and, therefore, this plea cannot be taken before this Court for the first time. Further, learned counsel for the appellant has taken a plea that amount to the tune of 44,000/- has wrongly bee awarded by the Claims ₹ Tribunal. However, considering the facts and circumstances of the case, I do not find any infirmity to reduce amount 44,000/- ₹ from the compensation awarded by the Claims Tribunal. 6. In view of the above, the instant appeal deserves to be and is accordingly, dismissed. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit