1 CGHC010295002019 2026:CGHC:29702 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1701 of 2019 1 - United India Insurance Company Limited Plant No. 183, Second Floor, Behind Balaji Petrol Pump, Korba, District Korba Chhattisgarh, Through Authorised Singnatory, Deputy Manager, T. P. Hub Office, United India Insurance Company Limited, 2nd Floor Guru Kripa Towers Vyapar Vihar Road Bilaspur P. S. Civil Line Tehsil And District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ... Appellant(s) versus 1 - Asha Dhamecha Wd/o Late Kishore Dhamecha Aged About 53 Years R/o Champa, Near Girls School (Putri Shala), Ward No. 7, Champa, Tahsil Champa District Janjgir Champa Chhattisgarh...........Claimants, District : Janjgir-Champa, Chhattisgarh 2 - Vinita Nagdev W/o Shri Dishant Nagdev Aged About 29 Years R/o Katni, Barhi Road Behind Pankaj Palace Katni Tahsil And District Katni M. P. ..............Claimants, District : Katni *, Madhya Pradesh 2 3 - Jitendra Choudhry S/o Shri Rajendra Choudhry Aged About 32 Years R/o Korba Near Niharika Talkies Korba M. I. G. -1/195 Ravishankar Shukla Nagar, Korba, Tahsil And District Korba Chhattisgarh...........Driver, District : Korba, Chhattisgarh 4 - Smt. Kanta Choudhary W/o Shri Rajendra Choudhary Aged About 52 Years R/o Korba M. I. G. 01/195, Ravishankar Shukla Nagar Korba Tahsil And District Korba Chhattisgarh.........Owner, District : Korba, Chhattisgarh ... Respondent(s) For Appellant(s) : Mr. Abhishek Mishra on behalf of Mr. B.N. Nande, Advocate For Respondent(s) No. 1 and 2 : Mr. Shayon Kar on behalf of Mr. Prakash Tiwari, Advocate Honb’le Shri Justice Sanjay K. Agrawal Judgment on Board 14/07/2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant – Insurance Company against the impugned award dated 02/11/2018 passed by learned Motor Accident Claims Tribunal, Janjgir-Champa whereby compensation of Rs. 40,89,920/- along with 8% interest has been granted in favour of respondents No. 1 and 2/claimants and the liability of 3 payment of compensation has been fastened upon the appellant (Insurance Company). 2. Learned counsel for the appellant (Insurance Company) would submit that the Claims Tribunal has erred in assessing the income of the deceased on the basis of income tax return as the deceased was running a shop which is still being continued by his wife, as such, the Claims Tribunal has committed grave legal error in calculating loss of income. 3. Learned counsel for respondents No. 1 and 2/claimants would submit that the compensation awarded by the Claims Tribunal is just and proper and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their submissions made herein-above and went through the records with utmost circumspection. 5. A careful perusal of the written statement filed by the appellant (Insurance Company) would show that no such ground was taken by them before the Claims Tribunal. Moreover, even witness of the Insurance Company namely Sunil Mohan Tiwari, who is the Administrative Officer of the Insurance Company, has also not made any statement before the Court with regard to the fact that deceased was running a shop which has further been continued by his wife. As such, in the absence of specific plea in the written statement as well as evidence in support led before the Claims 4 Tribunal, the appellant/Insurance Company cannot be allowed to take this ground for the first time before this Court. I do not find any merit in this appeal. 6. Accordingly, this appeal is dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) JUDGE Harneet