1 2025:CGHC:46673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 375 of 2024 1 - Aitwar Vati S/o Pidoram Vati Aged About 38 Years R/o Vill Jodatarai Patel Para Tah. Geedam Dist. Dantewada, C.G. 2 - Mate Bai Vati Aitwar Vati Aged About 37 Years R/o Vill Jodatarai Patel Para Tah. Geedam Dist. Dantewada, C.G. ... Appellants versus 1 - Munnaram Lekamii S/o Late Maso Ram Lekami Aged About 23 Years R/o Vill Jodatarai Majhar Para Thana Barsur Tah, Geedam, Dist. Dantewada, C.G. (Driver Of The Offending Vehicle) 2 - Mararam Kashyap S/o Bandi Ram Kashyap Aged About 31 Years R/o Vill. Jodatarai Bandipara Thana Barsur Tah. Geedam Dist. Dantewada C.G. (Owner Of The Vehicle) 3 - The Tata A I.G. General National Insolence Co. Ltd. Through Branch Manager Branch Office Raipur First Floor 106-7 Walfort Zone Bilaspur Road Near Fafadih Chowk Raipur, C.G. (Insurer Of The Offending Vehicle) ... Respondent(s) For Appellants : Mr. Vikash A. Shrivastava, Advocate For Respondent No. 3 : Ms. Harneet Kaur on behalf of Mr. Sourabh Sharma, Advocate For Respondent No. 1 & 2 : None, though served. Hon'ble Shri Justice Sachin Singh Rajput, Order on Board 11.09.2025 1) Heard on I. A. No. 1 application for condonation of delay in fling the appeal. 2) Though opposed, but for the reasons stated in the application and also considering that Motor Vehicles Act is benevolent legislation, this Court ins inclined to condone the delay of 92 days in fling the appeal. HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.09.19 18:18:51 +0530 2 3) Heard on admission. 4) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short MV Act) has been filed by the appellants/claimants being aggrieved by the award dated 14.08.2023 passed by the Second Additional Motor Accident Claims Tribunal, Dantewada, District- South Bastar Dantewada, (C.G.) (for short ‘learned Tribunal’) in Claim Case No. 52/2022. 5) By the impugned award, the learned Tribunal has awarded compensation of Rs. 5,71,000/- to the appellants/claimants, on account of the death of their 3 years old daughter deceased Giteshwari Vatti in an accident that took place on 17.10.2021 by rash and negligent driving of the offending vehicle (Motor Cycle) bearing Registration No. CG-18-P-3700 by respondent No.1, owned by respondent No.2 and insured with respondent No.3/Insurance company. 6) The respondent No. 1 & 2 remained ex parte before the learned Tribunal. Respondent No.3 /Insurance company in usual course, denied the averments of the claim application and pleaded that the driver of the offending vehicle did not have valid and effective driving licence and there is a violation of terms and conditions of insurance policy. 7) On the basis of the above pleadings, the learned Tribunal has framed 4 issues and after appreciating the material available on record decided the same in favour of the appellants/claimants and awarded above stated compensation. 8) Learned counsel for the appellants/claimants submits that the amount of compensation is on the lower side. Hence, suitable enhancement may be made by this Court. 9) Learned counsels for the respondent No.3 supports the award and submits that in view of evidence available on record and findings of the learned Tribunal is justified and just compensation has been awarded. 3 10) I have heard learned counsel for the parties, considered their rival submissions and perused the records. 11) The learned tribunal relying upon the judgment of Kishan Gopal and anr. v. Lala and ors., (2014) 1 SCC 244; Puttamma and others Vs. K.L.Narayana Reddy. & another (2013) 15 SCC 45; Lata Wadhwa v. State of Bihar (2001) 1 SCC, awarded the above stated compensation which appears to this Court to be just compensation looking to the age of the deceased and the appellants claimants. Therefore, I do no find any good ground to admit the appeal and the appeal is dismissed the at the admission stage. Sd/- (Sachin Singh Rajput) Judge H.Ansari