2025:CGHC:16936 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 986 of 2020

1 - Sangita Bai W/o Late Shiv Kumar Kashyap, Aged About 30 Years

2 - Aditya Kumar S/o Late Shiv Kumar Kashyap, Aged About 12 Years

3 - Anshu Kashyap S/o Late Shiv Kumar Kashyap, Aged About 8 Years

4 - Bhulau Ram S/o Agar Sai, Aged About 65 Years Appellants No. 2 & 3 are minor and presented through their Legal Guardian Mother Sangita Bai W/o Late Shiv Kumar Kashyap, All are by Caste - Kashyap, R/o - Village - Pendri, Police Station And Tahsil - Janjgir, District - Janjgir - Champa Chhattisgarh ... Appellant (s)

versus

1 - Jogender Tiwari S/o Jugal Kishor Tiwari, R/o - Netaji Chowk, Balaji Bagwala, Janjgir, Police Station And Tahsil - Janjgir - District - Janjgir -

Champa Chhattisgarh. (Driver Of The Offending Vehicle)

2 - Sudishnath Tiwari S/o Jugal Kishor Tiwari, R/o - Netaji Chowk, Janjgir, Police Station And Tahsil - Janjgir, District - Janjgir - Champa Chhattisgarh. (Owner Of The Offending Vehicle)

3 - United India Insurance Co. Ltd. Through - Branch Manager, Branch Office, Transport Nagar, Korba, Tahsil And District - Korba Chhattisgarh.

(Insurer Of The Offending Vehicle)

... Respondent(s)

__________________________________________________________

For Appellant (s) : Ms. Dhaneshwari Patel, Advocate on Digitally signed by behalf of Mr. P.K. Patel, Advocate PRAVEEN KUMAR SINHA For Resp. No.1 & 2 : Mr. Vishwanath Shriwas, Advocate on Date:

2025.04.25

10:18:57 behalf of Mr. Parasmani Shriwas, Advocate +0530 For Resp. No.3 : Mr. Anupam Dubey, Advocate _______________________________________________________

S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Judgment On Board

11/04/2025

1. Heard on IA No.1 of 2020, which is an application for condonation of delay in filing the appeal.

2. Learned counsel for respondents No. 1 to 3 oppose the application on the ground that no satisfactory explanation is offered to condone inordinate delay of 587 days.

3. On due consideration of the submissions made by learned counsel for the respective parties and the grounds raised in the application for condonation of delay, the application (IA No.1) is allowed. Delay of 587 days in filing the appeal is hereby condoned.

4. With the consent of learned counsel appearing for the parties, the case is heard finally at admission stage.

5. This is the claimant’s appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) seeking enhancement of amount of compensation awarded by learned Motor Accidents Claims Tribunal, Janjgir-Champa (CG) vide award dated

01.10.2018 passed in Motor Accident Claim Case No.38 of 2018.

6. Facts relevant for disposal of this appeal are that claimants/appellants filed an application under Sections 166 of the Act of 1988 pleading therein that on the date of accident i.e. 03/03/2018, Shiv Kumar Kashyap was going from Janjgir to his village Pendri on his scooty after getting his paralyzed father treated. When he reached on the main road near State Bank Janjgir at around 06.00 pm, non-applicant no. 1 Jogendra Tiwari driving truck no. CG 11/ AB-4487 rashly and negligently dashed against the scooty of Shiv Kumar Kashyap, due to which, Shiv Kumar Kashyap suffered grievous injuries and died on the spot. It is stated in the claim application that deceased was earning Rs.15,000/- per month by working as a Mason and from this income he was maintaining the applicants. The age of the deceased was 35 years on the date of accident. Due to the untimely death of the deceased, applicants have suffered mental agony, the applicants have been deprived of the love and affection of the deceased and dependency. They prayed for grant of compensation of Rs. 38,19,000/- from the non-applicants.

7. Non-applicants No. 1 and 2 in their written statement have denied the entire facts pleaded in the claim application and have further stated that no accident had occurred with the vehicle -truck number CG 11 / AB 4487 driven by non-applicant No.1, there was a valid and effective lice