Nafr High Court
Case Details
1 2025:CGHC:48097 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1470 of 2022 1 - Smt. Dropti Sahu W/o Late Shri Bhuvan Lal Sahu Aged About 30 Years R/o Village And Post-Siltara, Thana And Tahsil- Takhatpur, District-Bilaspur (Chhattisgarh) 2 - Ankit S/o Late Shri Bhuvan Lal Sahu Aged About 12 Years Minor Through Legal Guardian Mother Smt. Dorpti Sahu R/o Village And Post-Siltara, Thana And Tahsil-Takhatpur, District- Bilaspur (Chhattisgarh) 3 - Ku. Suman D/o Late Shri Bhuvan Lal Sahu Aged About 8 Years Minor Through Legal Guardian Mother Smt. Dorpti Sahu R/o Village And Post-Siltara, Thana And Tahsil-Takhatpur, District-Bilaspur (Chhattisgarh)
Legal Reasoning
4 - Smt. Surja Bai Sahu W/o Late Shri Adri Prasad Sahu Aged About 69 Years R/o Village And Post-Siltara, Thana And Tahsil- Takhatpur, District-Bilaspur (Chhattisgarh) --- Appellants versus 1 - Bhanuram Sahu S/o Shri Melaram Sahu Aged About 49 Years Occupation-Driver, R/o Village-Bhaurakchar (Bandha), Post-Kargiroad, Chouki-Junapara, Thana And Tahsil- Takhatapur, District Bilaspur (C.G.) (Driver Of The Offending 2 Vehicle Tractor No. C.G. 10/a.L./6799 And Trolley No. C.G. 28/h/3727) 2 - Smt. Savita Gauraha W/o Late Rajendra Gaouraha Aged About 50 Years R/o-Bija Thana And Tahsil-Takhatpur, District- Bilaspur (C.G.) (Owner Of The Offending Vehicle Tractor No. C.G. 10/a.L./6799) 3 - Iffco Tokio General Insurance Company Limited Through Branch Manager, Office-1st Floor Galaxy Height, Near I.C.I.C.I. Bank Vyapar Vihar, Inside Of Sanjay Apartment, Bilaspur, Tahsil And District-Bilaspur (C.G.) (Insurer Of The Offending Vehicle Tractor No. C.G. 10/a.L./6799) 4 - Surit Ram Sahu S/o Shri Maharaj Ji Aged About 75 Years R/o-Amaldihi, Tahsil-Lormi, District-Mungeli (C.G.) (Owner Of The Offending Vehicle Trolley No. C.G. 28/h/3727) 5 - The Oriental Insurance Company Limited Through Branch Manager, Local Office 1st Floor Rama Trade Center, In Front Of Rajiv Plaza, Old Bus Stand Road Bilaspur, Tahsil And District- Bilaspur (C.G.) (Insurer Of The Offending Vehicle Trolley No. C.G. 28/h/3727) --- Respondent(s) For Appellants : Mr. A.L. Singroul, Advocate For Respondent No. 3 : Ms. Shrejal Gupta on behalf of Mr. Vaibhav Shukla, Advocate For Respondent No. 5 : Mr. Abhishek Vinod Deshmukh, Advocate MAC No. 1412 of 2022 1 - The Oriental Insurance Company Limited Through Its Branch Manager, Having Office At First Floor, Rama Trade Centre, 3 Infront Of Rajiv Plaza, Old Bus Stand Road, Bilaspur, Tehsil And District - Bilaspur, Chhattisgarh. (Insurer Of Trolley) ---Appellant Versus 1 - Smt. Draupati Sahu Wd/o Late Shri Bhuwan Lal Sahu, Aged About 30 Years R/o Village And Post - Siltara, P.S. And Tehsil - Takhatpur, District - Bilaspur, Chhattisgarh....( Claimant) 2 - Ankit S/o Late Shri Bhuwan Lal Sahu Aged About 12 Years R/o Village And Post - Siltara, P.S. And Tehsil - Takhatpur, District - Bilaspur, Chhattisgarh Since Minor Represented Through Mother And Natural Guardian Smt. Draupati Sahu, Wd/o Late Shri Bhuwan Lal Sahu, Aged About 30 Years, R/o Village And Post - Siltara, P.S. And Tehsil - Takhatpur, District - Bilaspur, Chhattisgarh. ...(Claimant) 3 - Ku. Suman D/o Late Shri Bhuwan Lal Sahu, Aged About 8 Years R/o Village And Post - Siltara, P.S. And Tehsil - Takhatpur, District - Bilaspur, Chhattisgarh Since Minor Represented Through Mother And Natural Guardian Smt. Draupati Sahu, Wd/o Late Shri Bhuwan Lal Sahu, Aged About 30 Years, R/o Village And Post - Siltara, P.S. And Tehsil - Takhatpur, District - Bilaspur, Chhattisgarh. ..(Claimant) 4 - Smt. Suraj Bai Sahu Wd/o Late Shri Adri Prasad Sahu, Aged About 69 Years R/o Village And Post - Siltara, P.S. And Tehsil - Takhatpur, District - Bilaspur, Chhattisgarh. ....(Claimant) 5 - Bhanuram Sahu S/o Shri Melaram Sahu Aged About 49 Years Occupation - Driver, R/o Bhorakachar (Bandha), Post - Kargiroad, Chauki - Junapara, P.S. And Tehsil - Takhatpur, District - Bilaspur, Chhattisgarh......(Driver) 4 6 - Smt. Savita Gauraha Wd/o Late Shri Rajendra Gauraha Aged About 50 Years R/o Village - Bija, P.S. And Tehsil - Takhatpur, District - Bilaspur, Chhattisgarh.....(Owner Of Tractor) 7 - Iffco-Tokio General Insurance Company Limited, Through Its Branch Manager, Having Office At First Floor, Galaxy Heights, Near Icici Bank, Vyapar Vihar, Next To Sanjay Apartment, Bilaspur, Tehsil And Districtg - Bilaspur, Chhattisgarh....... (Insurer Of Tractor) 8 - Surit Ram Sahu S/o Shri Mahraj Singh Ji, Aged About 75 Years R/o Village - Amaldihi, Tehsil - Lormi, District - Mungeli, Chhattisgarh.....(Owner Of Trolley) --- Respondent(s) For Appellant : Mr. Abhishek Vinod Deshmukh, Advocate For Respondents 1 - 4 : Mr. A.L. Singroul, Advocate For Respondent 7 : Ms. Shrejal Gupta on behalf of Mr. Vaibhav Shukla, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 18.09.2025 1. Since both of these appeals have arisen out of impugned award dated 21/07/2022 passed by learned 5th Additional Motor Accident Claims Tribunal, Bilaspur in MACT Claim Case No. 165/2019, therefore, they have been clubbed together, heard together and are being decided by this common judgment. 2. MAC/1470/2022 has been preferred by the claimants 5 seeking enhancement of impugned award whereby compensation to the tune of Rs. 21,03,184/- has been granted in their favour for the death of Bhuvan Lal Sahu, aged about 33 years, who worked as a skilled labourer whereas MAC/1412/2022 has been preferred by the Insurance Company with which Trolley No. CG 28 H 3727 was insured and the Claims Tribunal has fastened the liability of payment of compensation upon them i.e. the Oriental Insurance Company as well as respondent No. 7 i.e. Iffco Tokio General Insurance Company. 3. Mr. A.L. Singroul, learned counsel for the appellants/claimants in MAC/1470/2022 would submit that the income of the deceased has been assessed by the Claims Tribunal on notional basis and on that basis, the amount of compensation awarded to the claimants is liable to be enhanced. Therefore, their appeal may be allowed and the impugned award may suitably be enhanced. 4. Mr. Abhishek Vinod Deshmukh, learned counsel for the appellant/ the Oriental Insurance Company in MAC/1412/2022 would submit that the accident occurred by the Tractor bearing Registration No. CG 10 AL 6799 which was insured with respondent No. 7 i.e. Iffco Tokio General Insurance Company, therefore, the Claims 6 Tribunal has erred in fastening the liability of payment of compensation upon them as well. 5. Ms. Shrejal Gupta, learned counsel for respondent No. 3 in MAC/1470/2022 and respondent No. 7 in MAC/1412/2022 i.e. Iffco Tokio General Insurance Company, would submit that the compensation awarded by the Claims Tribunal is just and proper and does not require any interference by this Court. 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. MAC/1470/2022 :- 7. A careful perusal of the impugned award would show that learned Claims Tribunal has taken the income of the deceased to be Rs. 9,490/- per month as per the minimum wages fixed by the Labour Department for skilled labourer which totals to Rs. 1,13,880/- per annum. Thereafter, 40% has been granted as future prospect and looking to the fact that there were four dependents upon the deceased, deduction of 1/4th has been made towards his personal expenses and as such, loss of dependency comes to Rs. 1,19,574/- to which multiplier of 16 has been applied looking to the age of the deceased which was 33 years and 7 further granting Rs. 15,000/- under funeral expenses, Rs. 15,000/- as loss of estate and Rs. 1,60,000/- as loss of consortium, a total compensation of Rs. 21,03,184/- has been granted in favour of the appellants/claimants along with 9% interest, which in my considered opinion, is just and proper and does not warrant any interference by this Court. MAC/1412/2022 :- 8. The only contention raised by learned counsel for the appellant/Insurance Company in this appeal is that the accident has been caused by the Tractor bearing Registration No. CG AL 6799 which was insured with respondent No. 7 Company, however, the Claims Tribunal has erred in holding them liable for payment of compensation as well even though they are the insurer of Trolley bearing Registration No. CG 28 H 3727. 9. A careful perusal of the written statement filed by the appellant/Insurance Company as well as the evidence led by them would reveal that they have taken no such plea in their written statement that the accident was caused by the Tractor and not the Trolley and have also not led any evidence in this regard, therefore, I do not find any good ground to entertain this appeal. 8 10. In conclusion, both the appeals, being devoid of merits, are hereby dismissed leaving the parties to bear their own cost(s). Harneet Sd/- (Sanjay K. Agrawal) Judge