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CHHATTISGARH HIGH COURT
*Deepak Kumar Tiwari, J.
Shubham Kumar Suryavanshi and Others v. Munnalal Suryavanshi and Another
| Table of Content |
|---|
| 1. factual background of the appeal and accident. (Para 1 , 4) |
| 2. arguments regarding quantum of compensation. (Para 2) |
| 3. court observations on liability. (Para 3 , 5 , 10) |
| 4. legal reasoning based on previous rulings. (Para 6 , 7 , 8) |
| 5. conclusion and final decision on appeal. (Para 9 , 11 , 12) |
1. The present appeal has been filed under S.173 of the Motor Vehicles Act , 1988 (henceforth 'the Act') against the award dated 5.8.2021 passed by the 1st Additional Motor Accidents Claims Tribunal, Janjgir, District Janjgir, Champa (for short 'the Tribunal') in Claim Case No. 37/2020. Vide the said award, the Tribunal has exonerated the insurance company (respondent No. 2 herein) and fastened the liability upon the father of the appellants / claimants (respondent No. 1) and has awarded an amount of Rs. 7,20,000 as compensation on account of death of mother of the appellants / claimants, namely, Meena Bai Suryavanshi, who is also the wife of respondent No. 1 herein.
2. Learned counsel for the appellants would assail the impugned judgment on the ground of quantum and would submit that the Tribunal has wrongly exonerated the insurance company from the liability.
3. Heard learned
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