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2025 Supreme(Online)(Chh) 10638

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
R.S. Sharma, J
Claimants – Appellant
Versus
Insurance Company – Respondent


Advocates:
For the Appellants/Petitioners: Mr. C.J.K. Rao
For the Respondents: Mr. T.K. Tiwari, Mr. S.D. Singh

1. This is claimants' appeal seeking enhancement of compensation awarded by 3rd Additional Motor Accidents Claims Tribunal, Ambikapur (for short 'the Claims Tribunal') in MA Claim Case No. 529/2012 vide impugned award dated 8.4.2016.

2. Briefly stated the facts of the case are that on 30.10.2011, when Suresh (hereinafter referred to as 'the deceased') was returning to Ambika - pur from village Pahadgaon while driving his car bearing registration No. CG - 15 - B 3471, near NH 43 main road of Sanjay Nagar, Mahabirpur at about 7.30 p.m., the said car was hit by the truck bearing registration No. CG - 14 - A 3271 (in short 'the offending vehicle'), which was being driven by non - applicant No. 3 / driver in a rash and negligent manner, resulting into accident and deceased died inside the car itself. It is not in dispute that respondent No. 2 was the owner of the offending vehicle whereas respondent No. 1 was insurer of the same.

3. Owing to death of deceased Suresh Kumar Goyal, claimants, being wife and children of the deceased, filed a claim petition seeking total compensation of Rs.67,00,000 on various heads, inter alia, stating that the deceased was aged 40 (sic 53) years at the time

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