Smt Kamla Sen, Wd/o Late Shatrughan Prasad Sen v. Jageshwar Nishad

Jageshwar Nishad, S/o Bharatlal Nishad, aged about 31 Years, R/o Village Pouni Ward No.1, Police Station Dharsiwa, District - Raipur, Chhattisgarh. (Driver Of Alleged Vehicle Hiwa Bearing Registration No. C.G. 04-Ns-4629) Kamlesh Kumar Verma, S/o Pardeshi Ram Verma, aged about 45 Years, R/o 224 Ward No.13, Bhathapara Maloud Silyari, Police Station Dharsiwa, District - Raipur, Chhattisgarh. (Owner Of Alleged Vehicle Hiwa Bearing Registration No. C.G.04-Ns-4629)

The United India Insurance Company Limited Krishna Complex Second Floor Kachahari Chowk, Jail Road Raipur, Tahsil And District - Raipur, Chhattisgarh. ------ Respondents __________________________________________________________________ For Appellant For Respondent No.1 & 2 For Respondent No.3

: Shri A.D. Kuldeep, Advocate. : None appeared though served. : Shri Shashank Agrawal, Advocate. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 11 /09/2025

This appeal has been filed under Section 173 of Motor Vehicles Act, 1988 (for short ‘MV Act’) by the appellants / Claimants, being aggrieved by the award dated 10/04/2024 passed in Claim Case No. 331/2023 by the II Additional Motor Accident Claims Tribunal, Raipur, District – Raipur (C.G.).

2. By the impugned award, against a claim of Rs.09,45,000/-, the learned Tribunal has awarded Rs.05,00,000/- by allowing application under section 164 of the MV -2- Act filed by the appellants/claimants on account of death of deceased – Shatrughan Prasad Sen in an unfortunate accident that occurred on 23/02/2023 by rash and negligent driving of the offending vehicle Hywa bearing registration No. CG-04-NS-4629 by respondent No. 1 / driver, owned by respondent No.2 / owner and Insured with respondent No.3 / Insurance Company.

3. Learned counsel for appellants /claimants submits that the amount of the award is on lower side which requires suitable enhancement.

Learned counsel for the respondents submits that the claim application was filed under section 164 of the MV Act and the learned tribunal has awarded the maximum compensation of Rs.05,00,000/-, therefore no interference is warranted.

Heard learned counsel for the parties and perused the appended record.

From perusal of the record it appears that the deceased was found aged about 67 years by the learned tribunal. Relying upon the 164 of the MV Act which reads as under : (1) Notwithstanding anything contained in this Act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or grievous hurt due to any accident arising out of the use of motor vehicle, a compensation, of a sum of five lakh rupees in case of death or of two and a half lakh rupees in case of grievous hurt to the legal heirs or the victim, as the case may be. (2) In any claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or grievous hurt in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or of the vehicle concerned or of any other person. -3- (3) Where, in respect of death or grievous hurt due to an accident arising out of the use of motor vehicle, compensation has been paid under any other law for the time being in force, such amount of compensation shall be reduced from the amount of compensation payable under this section. Learned tribunal has awarded compensation of Rs.05,00,000/-. In the opinion of Court the award does not suffer from any illegality, irregularity and warranting interference by this Court.

Therefore, the appeal fails and dismissed. Sd/- Sd/- (Sachin Singh Rajput) Judge Ashish