Digitally signed by SIDDHANT 2026:CGHC:342 SIDDHANT TAMRAKAR TAMRAKAR Date:

2026.01.06

14:53:26 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1117 of 2022  Branch Manager The New India Insurance (Correct Name Is Assurance)

Company Limited, Branch Office 2^nd Floor, R.D.A Building Bajrang Market, G.E. Road, Raipur, District : Raipur, Chhattisgarh ... Appellant versus

1. Smt. Gouri Gupta Wd/o Late Ashish Gupta Aged About 23 Years R/o Village Padouli, Police Station And Tahsil Dhourpur, District Surguja, Chhattisgarh. Presently R/o Sitapur, Purani Basti, District : Surguja (Ambikapur), Chhattisgarh

2. Smt. Pushpa Devi W/o Nandlal Gupta Aged About 49 Years R/o Village Padouli, Police Station And Tahsil Dhourpur, District : Surguja (Ambikapur), Chhattisgarh

3. Nandlal Prasad Gupta S/o Shivnarayan Gupta Aged About 56 Years R/o Village Padouli, Police Station And Tahsil Dhourpur, District : Surguja (Ambikapur), Chhattisgarh

4. Abhishek Gupta S/o Nandlal Prasad Gupta Aged About 21 Years R/o Village Padouli, Police Station Dhourpur, District Surguja, Chhattisgarh. Presently Residing At Mahadev Gali, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

5. Shweta Gupta D/o Nandlal Prasad Gupta Aged About 23 Years R/o Village Padouli, Police Station Dhourpur, District Surguja, Chhattisgarh. Presently Residing At Mahadev Gali, Ambikapur, District Surguja, Chhattisgarh.

--------------(Claimants)

6. Ajit Singh S/o Gurucharan Singh Aged About 48 Years R/o Ews 723, Vaishali Nagar, Ward No. 10, Durg, Supela, District Durg, Chhattisgarh.

----------------------(Non-Applicant No. 1 Owner-Cum-Driver)

... Respondent(s)

For Appellant : Mr. Pankaj Agrawal, Advocate along with Ms.

Swati Agrawal, Advocate For Respondents No. 1 to 5/ : Mr. Nishikant Sinha, Advocate Claimants For Respondent No. 6 : None.

Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

05.01 .2026

1. The Insurance Company has assailed the award passed by the learned 5^th Additional Motor Accident Claims Tribunal, Ambikapur, District Surguja passed in Claim Case No. 110/2019 dated 29.06.2022, whereby the learned Tribunal has granted compensation to the tune of Rs. 49,22,504/- with interest at the rate of 7.50% per annum on account of death of Ashish Kumar Gupta.

2. The facts in brief are that on 09.12.2018 at around 10.00 pm the Bolero vehicle of the deceased Ashish Kumar Gupta was dashed by offending Truck bearing registration No. CG 07 AX 2944, resultantly, Ashish Kumar Gupta sustained injuries over head, hands, legs and other parts of body and succumbed to death. The co-occupants of Bolero vehicle sustained serious injuries in said accident. The widow, parents and siblings of the deceased filed claim case under Section 166 of the Motor Vehicle Act, wherein, they pleaded that at the time of accident, age of the deceased was 24 years and he was indulged in Transport business, earning Rs. 23,500/- per month. They claimed a sum of Rs. 60,60,500/-. The respondent No. 1 remained ex-parte. The Insurance Company filed reply to the claim petition and took plea that the claimants should have impleaded Insurance Companies of both the vehicles. Further plea was taken that the drivers of both the vehicles were not having valid & effective driving licence and other necessary documents. It was also pleaded that the father of the deceased is a Government servant.

3. The learned Tribunal framed issues, parties led evidence, and thereafter, award was passed. The claimants examined AW1/Gouri Gupta, AW2/ Dinesh Yadav, AW3/ Nandlal Prasad Gupta. The Insurance Company did not examine any witness.

4. Mr. Pankaj Agrawal, Advocate would contend that the father of the deceased was a Government servant, and therefore, the claimant No. 4 and 5 who are major siblings of the deceased should have not been treated as dependant on the income of the deceased. He would further contend that the claimants could not establish the fact that after death of Ashish Kumar Gupta the Transport business was closed, and thus, there