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2025 DAILYLAW 7361 (CHH)

NATIONAL INSURANCE COMPANY LIMITED v. HARSH SINGH KUSHWAHA

MAC/235/2022 · 2025-07-17

Shri Sanjay K Agrawal

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Judgment text

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1 2025:CGHC:34237 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 235 of 2022 National Insurance Company Limited Through Divisional Manager, National Insurance Company Limited Opposite Rajbandhu Maidan, G.E.Road, Kachahari Chowk, Raipur, District Raipur (Chhattisgarh) Insurance Company Of Vehicle Cg-04-Hv-8677. … Appellant versus 1 - Harsh Singh Kushwaha S/o Shailesh Singh Kushwaha Aged About 18 Years R/o D-158, M.R.Colony ,taigor Nagar, Raipur, Tehsil And District Raipur Chhattisgarh. (Claimant) 2 - Tarun Kumar Dewangan S/o Manharan La Dewangan R/o Khalepara, Machandur, District Durg (Chhattisgarh)..........Driver Of Vehicle Cg-04-Hv-8677. 3 - Pramod Rahangdale S/o Bhaiyya Lal Rahangdale R/o Block No.-5, Third Floor, Himalayan Hide, Third Floor, Himalayan Hide, Dumartarai, Raipur (Chhattisgarh) Owner Of Vehicle Cg-04-Hv-8677. 4 - Shailesh Singh Kushwaha S/o Shiv Singh Kushwaha, R/o D-158, M.R.Colony, Taigor Nagar, Raipur, Tehsil And 2 District Raipur Chhattisgarh..........Owner Of Vehicle Cg- 04-Lc-6256. 5 - The Oriental Insurance Company Limited Through Divisional Manager, The Oriental Insurance Company Limited, Madina Building, Jail Road, Raipur (Chhattisgarh)............Insurance Company Of Vehicle Cg- 04-Lc-6256. ... Respondents For Appellant : Mr. Sanjay Patel, Advocate For Respondent No. 4 : Mr. Tanmay Rai on behalf of Mr. N.K. Thakur, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 18.07 .2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant challenging the impugned award dated 30/11/2021 passed by the 1st Additional Motor Accident Claim Tribunal Raipur, District Raipur in Claim Case No. 164/2018, whereby learned Claims Tribunal has awarded a total sum of Rs. 4,00,000/- as compensation in favour of respondent No. 1 (claimant). 3 2. Learned counsel for the appellant would submit that the impugned award to the tune of Rs. 4,00,000/- passed by the Claims Tribunal in favour of respondent No. 1 is on the higher side as the Tribunal itself assessed Rs. 1,85,973/- as medical expenses and Rs. 1,08,000/- as loss of estate and further erred in awarding 9 % interest, as such, the impugned award deserves to be reduced. 3. Learned counsel for the respondent would support the impugned award and submit that the instant appeal is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their submissions and perused the record. 5. Learned Claims Tribunal, after appreciation of oral and documentary evidence on record, and after looking to the injuries sustained by respondent No. 1/claimant in the accident as well as looking to the medical expenses incurred by him, has granted a compensation to the tune of Rs. 4,00,000/- after assessing his monthly income as Rs. 6,000/- and applying a multiplier of 18 which totals to Rs. 1,08,000/- and after considering the permanent disability suffered by him as well as assessing conventional and non- conventional aid, which in my considered opinion, is just and proper and does not warrant any interference by this Court. I do not find any merit in this appeal. 4 6. Accordingly, the instant appeal is liable to be and is hereby dismissed. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet