1 2026:CGHC:2273 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 347 of 2021 1. Nandlal Sahu S/o Late Siyaram Sahu Aged About 65 Years R/o Village- Dulna, Police Station- Gobra, Nawapara, Tahsil And District- Raipur, Chhattisgarh. (Owner Of The Alleged Vehicle Bearing Registration No. C.G. 05-G- 7924)., District : Raipur, Chhattisgarh 2. Tekchand Sahu S/o Shri Arjun Sahu Aged About 28 Years R/o Village- Dulna, Police Station- Gobra, Nawapara, Tahsil And District- Raipur, Chhattisgarh. (Driver Of The Alleged Vehicle Bearing Registration No. C.G- 05- G- 7924), District : Raipur, Chhattisgarh ... Appellant(s) versus 1. Rashmi Sahni W/o Late Sujit Sahni Aged About 36 Years R/o Ward No. 15, Near Nehrulal Garden, Gittipara, Gobra, Nawapara, Tahsil And District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2. Sanskar Sahni S/o Late Sujit Sahni Aged About 16 Years Minor Through Legal Guardian Mother Rashmi Sahni. R/o Ward No. 15, Near Nehrulal Garden, Gittipara, Gobra, Nawapara, Tahsil And District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3. Ku. Riddhi Sahni D/o Late Sujit Sahni Aged About 14 Years Minor Through Legal Guardian Mother Rashmi Sahni. R/o Ward No. 15, Near Nehrulal Garden, Gittipara, Gobra, Nawapara, Tahsil And District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4. Ku. Siddhi Sahni D/o Late Sujit Sahni Aged About 14 Years Minot Through Legal Guardian Mother Rashmi Sahni R/o Ward No. 15, Digitally signed by AJINKYA PANSARE Date: 2026.01.15 17:05:56 +0530 2 Near Nehrulal Garden, Gittipara, Gobra, Nawapara, Tahsil And District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 5. Budheshwari Sahni W/o Late Sujit Sahni Aged About 25 Years R/o Ward No. 15, Near Nehrulal Garden, Gittipara, Gobra, Nawapara, Tahsil And District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 6. Tareshwar Sahni S/o Late Sujit Sahni A/a- 4 Months, Minor Through Legal Guardian Mother Rashmi Sahni. (Bhuri Bai Sahni W/o Late Mangal Sahni) (Dead). R/o Ward No. 15, Near Nehrulal Garden, Gittipara, Gobra, Nawapara, Tahsil And District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Appellants : Mr. S.P. Sahu, Advocate along with Mr. C.R. Sahu, Advocate For Respondents : None, though served Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 14.1.2026 1) By way of this appeal, owner and driver of the offending vehicle have challenged the award passed by the learned Twelfth Additional Motor Accident Claims Tribunal, Raipur in Claim Case No. 427/2019 dated 16.3.2021 whereby learned Tribunal has passed an award to the tune of Rs. 10,22,000/- on account of death of Sujit Sahni. 2) Facts of the present case are that on 9.8.2018, at about 10:00 am when Sujit Sahni was going from Dulna towards Patewa Road on his motorcycle, the offending vehicle – Tractor being driven in rash and negligent manner dashed the motorcycle. In the 3 accident, Sujit Sahni sustained grievous injuries and died on the way to hospital. 3) Claimants, who are two widows and four minor children of the deceased filed the claim case claiming therein compensation to the tune of Rs. 41,20,000/- and pleaded that age of the deceased was 42 years and he was earning Rs. 20,000-Rs.22,000/- per month working as priest. Owner and driver of offending vehicle filed reply and denied averments made in claim application. They stated that deceased himself was negligent as he lost control of his motorcycle and dashed the tractor and sustained injuries. Learned Tribunal framed issues ; parties led evidence and thereafter, award was passed. 4) Learned counsel appearing for the owner and driver of offending vehicle submits that there was negligence on the part of deceased himself as he was driving the motorcycle rashly and dashed against the tractor, therefore learned Tribunal should have dismissed the claim petition. He further submits that claimants have exaggerated the income of deceased in order to get higher compensation but failed to lead clinching evidence in this regard. He prays to set aside the award impugned. 5) Heard. 6) A careful perusal of the record would show that FIR (Ex. P/1) was lodged by Hemant Sahni on 9.8.2018 against the driver of 4 offending vehicle – Tractor. Merg intimation (Ex. P/2) was registered on the same date and said tractor was seized and its driver was arrested on 11.8.2018. Police authorities investigated the matter and thereafter filed final report. 7) Claimants examined Rashmi Sahu (AW/1), wife of deceased. She stated on affidavit that driver of the tractor while driving it rashly and negligently dashed the motorcycle of the deceased. In cross- examination, this witness remained consistent. Claimants also examined Hemant Sahni (AW/2) who stated on affidavit that he was a witness to the accident on 9.8.2018. He further stated that driver of the tractor while driving it rashly and negligently dashed the motorcycle of deceased. In cross-examination, this witness remained consistent. Driver, namely, Tekchand Sahu examined himself as NA-W/1. He did not dispute the accident and stated on affidavit that deceased was negligent while driving his motorcycle and dashed the tractor. 8) Learned Tribunal considered the documentary as well as oral evidence led by the parties and rightly fastened liability on the owner and driver of the offending vehicle – Tractor. Furthermore, learned Tribunal has assessed the income of the deceased Rs. 6,000/- per month ; deducted 1/4th dependency towards personal expenses ; granted 25% additional sum towards future prospects and applied multiplier of 14 looking to the age of deceased. Also, learned Tribunal has awarded appropriate amounts under 5 conventional heads strictly in accordance with law. In my opinion, learned Tribunal has granted just and proper compensation. 9) In view of the discussion made herein-above, no case is made out to interfere with the award impugned. Consequently, this appeal fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a