2025:CGHC:27158 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1472 of 2019

1 - Smt. Sunita Netam W/o Late Naresh Kumar Netam Aged About 33 Years R/o Village Jali, Thana Ratanpur, Tahsil Kota, District Bilaspur Chhattisgarh.

2 - Prakash Kumar S/o Late Naresh Kumar Netam Aged About 12 Years Minor Through Legal Guardian Mother Smt. Sunita Netam, R/o Village Jali, Thana Ratanpur, Tahsil Kota, District Bilaspur Chhattisgarh.

3 - Aakash Kumar S/o Late Naresh Kumar Netam Aged About 14 Years Minor Through Legal Guardian Mother Smt. Sunita Netam, R/o Village Jali, Thana Ratanpur, Tahsil Kota, District Bilaspur Chhattisgarh.

4 - Vikash Kumar S/o Late Naresh Kumar Netam Aged About 12 Years Minor Through Legal Guardian Mother Smt. Sunita Netam, R/o Village Jali, Thana Ratanpur, Tahsil Kota, District Bilaspur Chhattisgarh.

5 - Vishal Kumar S/o Late Naresh Kumar Netam Aged About 9 Years Minor Through Legal Guardian Mother Smt. Sunita Netam, R/o Village Jali, Thana Ratanpur, Tahsil Kota, District Bilaspur Chhattisgarh.

6 - Suni Bai W/o Late Chhotelal Netam Aged About 58 Years R/o Village Jali, Thana Ratanpur, Tahsil Kota, District Bilaspur Chhattisgarh.

... Appellants Versus

1 - Aanand Kumar S/o Yamuna Singh Aged About 33 Years R/o Saranga, Thana - Barul District Aurangabad Bihar. Hall Mukam - K.K. Enterprises Sadar Road Deepka Thana Deepka, Tahsil Katghora District Korba Chhattisgarh (Driver Of The Offending Vehicle Trailer No. C. G. 12/ S./ 1382), District : Korba, Chhattisgarh 2 - Ritesh Ranjan S/o Birendra Prasad Singh Aged About 45 Years R/o Sahid Bhagat Singh Korba Chhattisgarh, ( Registered Owner Of The Offending Vehicle SHUBHAM DEY Digitally signed by SHUBHAM DEY Trailer No. C.G. 12 / S/ 1382), District : Korba, Chhattisgarh 3 - Branch Manager The New India Insurance Company Limited, Branch Office, Rama Trade Center, 2nd Floor, In Front Of Rajeev Plaza Old Bus Stand Road, Bilaspur, Tahsil And District Bilaspur Chattisgarh (Insurer Of The Offending Vehicle Trailer No. C.G. 12/ S/ 1382), District : Bilaspur, Chhattisgarh ... Respondents For Appellants : Mr. A.L. Singhroul, Advocate For Non-appellants : Mr. Dashrath Gupta, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order On Board

24/06/2025

1. This appeal is filed by the appellants seeking enhancement of the amount of compensation awarded by the learned Claims Tribunal in its award dated 08.05.2019 passed by the First Additional Motor Accident Claims Tribunal, Bilaspur, District – Bilaspur (C.G.) in Claim Case No.

512/2017.

2. Facts of the case in brief are that, on 07.08.2017, when Naresh Kumar Netam (since deceased) was traveling towards Jali on his motorcycle bearing registration no. CG 10 AH 0691 and when he reached near Dhobni Pond at Beltara main road, Bilaspur, at that time, offending vehicle i.e Trailor bearing registration no. CG 12 S 1382 which was being driven by the Respondent No. 1 in a rash and negligent manner, dashed the motorcycle of Naresh Kumar Netam and caused accident. In the said accident, deceased Naresh Kumar Netam suffered serious injuries and he succumbed to his injuries on the spot. Subsequent to the said accident, an FIR was registered against the Respondent No. 1 bearing Crime No. 239/2017, P.S. Ratanpur, District - Bilaspur for the offence punishable under Sections 279, 304A of the Indian Penal Code, 1860.

3. In the claim application, the appellants/claimants have pleaded that the deceased Naresh Kumar Netam was aged about 35 years and was doing the work of Mason and earning Rs. 500/- per day. The claimants were dependent on the deceased for their livelihood and claimed compensation of Rs. 45,00,000/-

4. The Non-applicants No. 1 & 2, driver and owner of the offending vehicle pleaded that the vehicle was driven by the Non-Applicant No. 1 in accordance with the rules and it was the deceased who was driving his motorcycle in a rash and negligent manner, due to which, he met with an accident with the Trailor. They further contended that on the date of acciden