2025:CGHC:61598 Digitally signed by NAFR SHAYNA KADRI HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 748 of 2022

1 - Mangali Bai W/o Late Sunit Ram Aged About 48 Years R/o Village Pattha, Tahsil Podi Uproda, District Korba, Chhattisgarh

2 - Jai Prakash S/o Sunit Ram Aged About 28 Years R/o Village Pattha, Tahsil Podi Uproda, District Korba, Chhattisgarh

3 - Shiv Prakash S/o Sunit Ram Aged About 26 Years R/o Village Pattha, Tahsil Podi Uproda, District Korba, Chhattisgarh

4 - Fulprakash Kuldeep S/o Sunit Ram Aged About 25 Years R/o Village Pattha, Tahsil Podi Uproda, District Korba, Chhattisgarh

5 - Vishnu Prakash Sarthi S/o Sunit Ram Aged About 22 Years R/o Village Pattha, Tahsil Podi Uproda, District Korba, Chhattisgarh ... Petitioner(s)

versus

1 - Tekchand Markam S/o Shri Rajendra Markam Aged About 23 Years R/o Village Hardi, P.S. Hirri, Bilaspur, District Bilaspur, Chhattisgarh (Driver Of The Offending Vehicle)

2 - M/s Shri Salsar Balaji Infrastructure Second Floor, Shri Shyam Kripa Khaparganj, Marwadi Lane, Bilaspur, District Bilaspur, Chhattisgarh (Owner Of The Offending Vehicle)

3 - United India Insurance Company Ltd. Through Division Manager, United India Insurance Company Ltd. Division Office- Sitamani Main Road, Korba, Chhattisgarh (Insurer Of The Offending Vehicle)

... Respondent(s)

(Cause title is taken from Case Information System)

For Appellants : Mr. P. Acharya, Advocate For Resp. No. 3 : Mr. Abhishek Mishra, Advocate (Hon'ble Shri Amitendra Kishore Prasad, Judge)

Order on Board

17/12/2025

1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, being aggrieved and dissatisfied with the impugned compensation award dated 14.03.2022 passed by the learned Second Upper Motor Accident Claims Tribunal, Katghora, District Korba (C.G.) in M.A.C.T. No. 28/2020, titled “Mangali Bai and others v. Tekchand Markam & others”, whereby the learned Claims Tribunal has awarded a grossly inadequate amount of compensation in favour of the claimants, without properly appreciating the facts and evidence available on record. Hence, the present appeal is being preferred before this Court seeking enhancement of the awarded compensation.

2. Brief facts of the case, giving rise to the present claim petition, are that the appellants/claimants, being the legal heirs of deceased Sunil Ram, had filed a claim application under Section 166 of the Motor Vehicles Act claiming compensation to the tune of Rs. 55,40,000/- on account of his death, which was registered as M.A.C.T. No. 28/2020. Respondent Nos. 1 and 2 are the driver and owner respectively, and Respondent No. 3 is the insurer of the offending pickup vehicle bearing registration No. C.G.-10 A.P./7223. On 05.05.2020, the deceased persons Aman Yadav and Sunil Ram were travelling on a motorcycle from Machadoli to Podi-Uproda, when respondent No. 1, while driving the offending pickup vehicle in a rash and negligent manner, dashed against their motorcycle near Bazar Tiraha, Podi-Uproda, as a result of which both the deceased sustained grievous injuries and died on the spot. Consequently, the concerned police station registered an offence under Section 304-A of the Indian Penal Code against Respondent No. 1. Owing to the untimely death of the deceased, the claimants suffered irreparable loss and therefore preferred the aforesaid claim petition against the respondents seeking compensation.

3. Upon issuance of notice, respondent Nos. 1 and 2 filed their written statement denying the averments made in the claim petition and contended that the offending vehicle was duly insured, thereby shifting the liability upon respondent No. 3. Respondent No. 3, in its reply, denied the claims and specifically pleaded violation of the terms and conditions of the insurance policy by the owner and driver. After framing of issues, the learned Claims Tribunal passed the impugned award dated 14.03.2022, which is unjust, improper, and unsatisfactory in the eyes of law;

hence, the present appeal is being prefer