2025:CGHC:28856 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1574 of 2019

1 - Smt. Samita Devi W/o - Late Shri Surendra Roy @ Surendra Yadav Aged About 35 Years

2 - Ku. Neha D/o - Late Shri Surendra Roy @ Surendra Yadav Aged About 12 Years Minor, 3 - Neeraj Kumar S/o - Late Shri Surendra Roy @ Surendra Yadav Aged About 7 Years

4 - Ritesh Kumar S/o - Late Shri Surendra Roy @ Surendra Yadav Aged About 5 Years

5 - Aditya Kumar S/o - Late Shri Surendra Roy @ Surendra Yadav Aged About 1 Year Appellants No. 2 to 5 are Minor, Through Legal Natural Guardian Mother Namely Smt. Samita Devi, W/o - Late Shri Surendra Roy@Surendra Yadav

6 - Smt. Sanya Devi W/o - Late Shri Harihar Yadav Aged About 65 Years All are R/o - Transport Nagar Rawanbhata, Police Station Khamtarai, Raipur District Raipur Chhattisgarh Permanent R/o - Village Panditpur, Police Station Janta Bazar, Saran District Chhapra (Bihar)

... Appellant (s)

versus

1 - Prabhakar Das S/o - Shri Chinta Das, R/o - Adarsh Nagar, Kugda, Digitally signed by PRAVEEN Police Station Kumhari, District Durg Chhattisgarh (Driver Of The KUMAR SINHA Date: Offending Vehicle Hero Honda Motorcycle Bearing Registration No.

2025.07.08 +0530

2 - Jyotish Das S/o Shatrughan Das Manikpuri R/o Adarsh Nagar, Kugda, Police Station Kumhari, District Durg Chhattisgarh, (Owner Of The Offending Vehicle Hero Honda Motorcycle Bearing Registration No. C.G. 07-LS-1019)

3 - The Oriental Insurance Company Ltd. Through Divisional Manager, The Oriental Insurance Company Ltd. Jail Road, Madina Manjil, Raipur Chhattisgarh. (Insurer Of The Offending Vehicle Hero Honda Motorcycle Bearing Registration No. C.G. 07-LS-1019)

... Respondent(s)

__________________________________________________________

For Appellant (s) : Ms. Dhaneshwari Patel, Advocate on behalf of Mr. P.K. Patel, Advocate For Respondents No. 1 & 2 : None appears though served For Respondent No.3 : Mr. Anil Gulati, Advocate _______________________________________________________

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

30/06/2025

1. With the consent of learned counsel appearing for the parties, the case is heard finally.

2. This is the claimants’ 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 First Additional Motor Accidents Claims Tribunal, Raipur (CG) vide award dated 10^th May

2019 passed in Claim Case No.625 of 2017.

3. Facts relevant for disposal of this appeal are that appellants/claimants filed an application under Section 166 of the Act of 1988 before the learned Second Additional Motor Accident Claims Tribunal, Raipur, pleading therein that on 22/07/2016 at about 10.30 pm when Surendra Rai alias Surendra Kumar Yadav was going to bring food from Lucky Complex while driving his motorcycle number CG 04-CR-1939, the driver of Hero Honda motorcycle number CG 07-LS-1019, driving his vehicle rashly and negligently, dashed the motorcycle of Surendra Rai alias Surendra Kumar Yadav, as a result of which Surendra sustained very serious and fatal injuries on various parts of his body. He was immediately admitted to Mekahara Raipur by the people present on the spot where he ultimately died during course of treatment on 29/7/2016. Deceased Surendra Rai alias Surendra Yadav was running a motor garage in Bhanpuri, from which he earned Rs. 2,69,860/- per annum in the year 2015-16 and Rs. 2,87,950/- per annum in the year 2016-17 and there was a possibility of increase in the annual income of the deceased in future. Due to the untimely death of the deceased, the family has suffered irreparable loss. They pray for total compensation of Rs. 80,00,000/- from non-applicants.

4. Non-applicants No.1 and 2 in their written statement have stated that non-applicant 1 did not cause any accident by driving his vehicle rashly and negligently. The alleged accident was caused by the deceased himself creating an accidental situation by driving his vehicle/motorcycle in a