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2025 DAILYLAW 9995 (CHH)

UNITED INDIA INSURANCE COMPANY LIMITED v. VISHESH GOYAL @ SHINU

MAC/320/2022 · 2025-08-13

Shri Sanjay K Agrawal

Transfer Petitionbody2025

Judgment text

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(MAC No.320/2022) 2025:CGHC:41191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 320 of 2022 United India Insurance Company Limited, by Branch Manager, United Indian Insurance Company Ltd., Bramh Road, Ambikapur, Distt. Surguja (C.G.). Through Authorized Signatory, United India Insurance Company Limited, Deputy Manager/Officer In-Charge (TP- Hub), United India Insurance Company Limited, First Floor, LIC Building, Magarpara Road, Bilaspur (C.G.) (Insurer of the offending vehicle No.CG-15/DB-7323) (Insurer/Non-applicant No.1) ... Appellant versus 1. Vishesh Goyal @ Shinu, S/o Pravesh Goyal, Aged about 13 years, through Legal Guardian/Father Pravesh Goyal, S/o Late Maniram Goyal, Aged about 44 years, R/o 16-Ketka Road, Lakapara, Surajpur, P.S., Post, Tehsil & Distt. Surajpur (C.G.) (Claimant/Injured) 2. Bajrang Lal Agrawal, S/o Late Om Prakash Agrawal, Aged about 47 years, R/o Main Road, Nawapara, Surajpur, P.S., Post, Tehsil & Distt. Surajpur (C.G.) (Owner of the offending vehicle No.CG-15/DB-7323) 3. Lal Ji Chouhan, S/o Chhotu Chouhan, Aged about 22 years, R/o Village Dasai Posvash, Distt. Mirzapur (U.P.). Present Address House of Shrijal Glass Agency, Nawapara, Surajpur, Tehsil & Distt. Surajpur (C.G.) (Driver of the offending vehicle No.CG-15/DB-7323) ... Respondents For Appellant : Mr. Anupam Dubey, Advocate. Amicus Curiae : Mr. Saurabh Gupta, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.08.18 16:49:39 +0530 (MAC No.320/2022) Judgment on Board 14/08/2025 1. The appellant Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 calling in question legality, validity and correctness of the impugned award dated 9- 12-2021 passed by the Additional Motor Accident Claims Tribunal, Surajpur, District Surajpur in Motor Accident Claim Case No.22/2019, by which the learned Claims Tribunal has awarded ₹ 18,07,739/- to the claimant/injured for head injury/loss of memory fastening liability upon the Insurance Company. 2. Mr. Anupam Dubey, learned counsel appearing for the appellant Insurance Company, would submit that the calculation is wrong as Ex.P-24 – Inpatient Bill of ₹ 4,49,449/- has been added twice, therefore that amount be deducted. 3. However, Mr. Saurabh Gupta, learned amicus curiae, on examination of record, would find the total medical bill of ₹ 11,72,461/-, whereas the Claims Tribunal has granted only an amount of ₹ 11,57,739/- under the head of medical treatment, admission in hospital and transportation. As such, just and proper compensation has been awarded to the claimant and I do not find any merit in this appeal, it deserves to be and is accordingly dismissed with no order as to cost(s). Page 3 of 3 (MAC No.320/2022) 4. This Court appreciates the assistance rendered by Mr. Saurabh Gupta, Advocate, on short notice who assisted the Court in arriving to a conclusion. Sd/- (Sanjay K. Agrawal) Judge Soma