1 CGHC010074912023 2026:CGHC:36338 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 361 of 2023 1 - Hemlata Chhedia W/o Late Rajesh Chhedia Aged About 32 Years Resident At Block No.A/8, Old D.K. Rajeev Awas Colony, Raipur District Raipur Chhattisgarh. (Claimants). 2 - Kumari Dali Chhedia D/o Late Rajesh Chhedia Aged About 12 Years Mother Smt. Hemlata Chhedia In The Capacity Of Guardian On Behalf Of Minor Application No. 02 And 03 Resident At Block No.A/8, Old D.K. Rajeev Awas Colony, Raipur District Raipur Chhattisgarh. 3 - Miss Avni Chhedia D/o Late Rajesh Chhedia Aged About 9 Years Mother Smt. Hemlata Chhedia in the capacity of Guardian on Behalf of Minor Application No. 02 and 03 Resident at Block No.A/8, Old D.K. Rajeev Awas Colony, Raipur District Raipur Chhattisgarh. ... Appellants versus 1 - Sanjay S/o Shri Krishna Universal Hatchery Pvt. Ltd. Village - Kusmi Tahsil, Berla, District Bemetara Chhattisgarh (Owner of Vehicle Number Hr 67-A-4142). 2 - In Charge Officer Tata A.I.G., General Insurance Co. Ltd., Address- Office No. 403, Fourth Floor Dainik Bhaskar Corporate Park, Plot No.1, Raipur District Raipur Chhattisgarh (Insurer Of Vehicle No. Hr 67-A-4142) ... Respondents For the appellants : Mr. Ashish Nag, Advocate For respondent no.2 : Ms. Mansi Bandey, Advocate on behalf of Mr. Saurabh Sharma, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (14.08.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short "Act of 1988") has been preferred by the claimants 2 challenging the impugned award dated 12.12.2022 passed by First Additional Motor Accident Claims Tribunal, Raipur, (Chhattisgarh) in Claim Case No.657/2019 whereby the Claims Tribunal, while allowing the claim application filed by the claimants under Section 163-A of the Act of 1988, has awarded compensation of Rs. 5,00,000/- with interest @ 6% per annum from 20.07.2018 in favour of the claimants and the liability of payment of compensation has been fastened upon the appellant/Insurance Company. 2. The facts pleaded in claim application are that the accident occurred on 06.06.2019 at about 5.30 a.m., near Koni Tiraha turn in the village. While the deceased Rajesh Chhediya was driving Eicher vehicle No. HR 67-A-4142, the vehicle suddenly hit a stone and went out of control and overturned which caused his death. 3. Learned counsel for the appellants would submit that the Tribunal has granted lesser compensation, which needs suitably enhanced. 4. Learned counsel for respondent no. 2 submits that in view of the amendment to Second Schedule to Section 163A of the Motor Vehicles Act, 1988 by a Gazette Notification effective from 22/05/2018 and further in view of the decision of the Supreme Court in New India Assurance Company Ltd. v. Urmila Halder, (2024) SCC OnLine 4983 the Tribunal has rightly granted Rs. 5,00,000/-, which needs no interference. 3 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 6. The appellant has filed the claim under Section 163-A of the MV Act, 1988. The Tribunal observed that according to this Section, the appellant is not required to prove that the accident was caused by the culpability, negligence or carelessness of any other person. The deceased died as a result of injuries caused in the accident and that the said vehicle was insured under the package policy with the insurer. Therefore, as per 02nd Schedule of Motor Vehicles Act, 1988, the appellants are entitled to compensation of Rs. 5,00,000/-. 7. Considering the amendment incorporated in 2nd Schedule to Section 163A of the Act of 1988, which came into force w.e.f. 22/05/2018 and in view of the decision of Supreme Court in Urmila Halder’s case (supra), I do not find any infirmity in the impugned award passed by the Claims Tribunal warranting interference by this Court in this appeal. 8. Accordingly, the instant appeal is dismissed. Sd/- Sd/- (Sanjay Kumar Jaiswal) Judge Rao