AFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Appeal (C) No.918 of 2018

1. Smt. Nirmal Bai Patre, W/o Shri Krishna Kumar Patre, Aged about 45 Years, 2. Krishan Kumar Patre S/o Late Ramdayal Patre Aged about 50 Years, Both the appellants are R/o Village Beltra, P.S. Ratanpur, District Bilaspur, Chhattisgarh.

---- Appellants Versus

1. Smt. Munni Bai W/o Late Ghasiram Suryanshi Aged About 60 Years, 2. Surit Ram S/o Late Ghasiram Suryanshi Aged About 42 Years, 3. Vinod Kumar, S/o Late Ghasiram Suryanshi, Aged About 40 Years, 4. Mukesh Kumar, S/o Late Ghasiram Suryanshi, Aged About 38 Years, 5. Dinesh Kumar, S/o Late Ghasiram Suryanshi, Aged About 36 Years, 6. Sanat Kumar, S/o Late Ghasiram Suryanshi, Aged about 34 Years, All the above respondents are- L.R. of Owner of T.V.S.

Motorcycle bearing Registration No. CG-10-1893 and R/o Village Navgavan, P.S. Koni, Tehsil and District Bilaspur, Chhattisgarh.

7. The Branch Manager, IFFCO TOKIO General Insurance Company Limited, Branch Office Shop No. 205 M.M.Silver Plaza, Near Uadhog Bhavan, in front of Mining Office, Mahavir Nagar, Ring Road No.1, Raipur, Chhattisgarh, Through Local Office IFFCO TOKIO General Insurance Company Limited, Aditya Aditi Bhavan, Near Link Road Bilaspur, Chhattisgarh.

---- Respondents (Cause-tile taken from the Case Information System)

For Appellants : Mr. Rajesh Jain, Advocate For Respondent No.7. : Mr. Pravesh Sahu, Advocate appears on behalf of Mr. P.R. Patankar, Advocate Hon'ble Shri Justice Arvind Kumar Verma Order on Board

15.02.2024

1. The instant appeal has been preferred by the Appellants /Claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'the Act of 1988') seeking enhancement of compensation awarded by the learned 7^th Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur (C.G.) (for short, 'the Tribunal') vide award dated 08.12.2017 passed in Claim Case No.311/2014, whereby the Tribunal has partly allowed the application filed under Section 163-A of the Act, 1988 by Claimants and awarded Rs.3,69,500/- as compensation in a fatal accident case.

2. According to the claim petition moved before the Tribunal, on

14.01.2011, Sanjay Kumar Patre was going to Village Semra, in his motorcycle bearing registration No. CG 10 EH 1863. In the way, near canal road in front of Village Semra School, accident was occurred with motorcycle TVS Moped bearing registration No.CG 10 H 1893. Due to which, Sanjay Kumar Patre sustained fatal injury and was succumbed in the hospital. The vehicle involved in the said accident was owned by Ghasiram Suryavanshi who was husband of respondent No.1 and father of respondents No.2 to 6. The said vehicle was insured with respondent No.7/IFFCO Tokio General Insurance Company Limited. Accident was reported to concerned police station based upon which crime was registered against the Driver of vehicle bearing registration No. CG 10 EH 1863, i.e., deceased. After conclusion of investigation charge-sheet was filed before the Court of Jurisdictional Magistrate.

3. Appellants/Claimants, who are parents of the deceased, filed an application under Section 163-A of the Act of 1988 before the Tribunal seeking compensation of Rs.13,10,000/- (rupees thirteen lakh ten thousand) pleading therein that on the date of accident, the deceased- Sanjay Kumar Patre was aged about 22 years and working as 'Carpenter' and earning Rs.3,300/-

per month as salary.

4. Respondents No. 1 to 6 have filed their written statement pleading therein death of Sanjay Kumar Patre was not caused by vehicle registration No. CG 10 H 1893. As deceased was not doing any work, he is not earning any money/income and claimants are not dependent upon the deceased. On the date of accident, motorcycle TVS Moped No. CG 10 H 1893 was insured with the Insurance Company/respondent No.7 for the period from 08.11.2010 to 07.11.2011. Deceased drove his vehicle in rash and negligent manner and therefore he himself is responsible for the alleged accide