Digitally signed by NADIM MOHLE

2025:CGHC:56053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1892 of 2023

1 - Shyamlal S/o Dalpratap Aged About 42 Years R/o Village- Kirwahi, Police Station- Odgi,, District : Surajpur, Chhattisgarh 2 - Samdasiya W/o Shyamlal Aged About 40 Years R/o Village- Kirwahi, Police Station- Odgi,, District : Surajpur, Chhattisgarh --- Appellants versus

1 - Branch Manager S.B.I. General Insurance Company Limited, 09th Floor, A Andatra B. Wing Ful Croom Building, Sarah Road, Andheri (East)- Mumbai- 400009 (Insurer Of Offending Vehicle Cg- 16- Cg- 6706), District : Mumbai, Maharashtra

2 - Chandrika Prasad Rajwade S/o Gambhir Sai Rajwade Aged About 45 Years R/o Village- Urgai, Police Station- Sonhat, (Driver Of Offending Vehicle- Cg- 16-Cg- 6706), District : Koriya (Baikunthpur), Chhattisgarh 3 - Manmohan Patel S/o Late Kamla Ram Patel Aged About 48 Years R/o Village- Telimuda, Police Station- Sonhat, (Owner Of Offending Vehicle- Cg-

16-Cg- 6706), District : Koriya (Baikunthpur), Chhattisgarh --- Respondent(s)

with MAC No. 57 of 2024 Branch Manager Sbi General Insurance Co. Ltd., 9th Floor, A And B Wing, Fulcrum Building, Sahar Road, Andheri East, Mumbai (M.H.) 400099,....

(Insurer)

--- Appellant Versus

1 - Shyamlal S/o Dalpratap Aged About 42 Years R/o Ward No. 14, R/o Village - Kirwahi, P.S. Odagi, District Surajpur (C.G.),...(Claimants No. 1)

2 - Samdasiya W/o Shyamlal Aged About 40 Years R/o Village - Kirwahi, P.S.

Odagi, District Surajpur (C.G.),...(Claimants No. 2)

3 - Chandrika Prasad Rajwade S/o Gambhir Saay Rajwade Aged About 45 Years R/o Village Urgai, P.S. Sonhat, District Koriya (C.G.),...(Driver)

4 - Manmohan Patel S/o Lt. Kamla Ram Patel Aged About 48 Years R/o Village Urgai, P.S. Sonhat, District Koriya (C.G.),...(Owner)

--- Respondent(s)

For Appellants : Mr. Anil Gulati, Advocate (MAC/1892/2023)

Mr. Atul Kumar Kesharwani, Advocate (MAC/57/2024)

For Respondent No.1 : Mr. Atul Kumar Kesharwani, Advocate (MAC/1892/2023)

For Respondents No. 1 :

Mr. Anil Gulati, Advocate & 2 (Claimants)

Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board

18/11/2025

1. These two appeals have been preferred against award passed by the learned Motor Accident Claims Tribunal, Surajpur in Claim Case No.

20/2023 dated 04.09.2023, whereby the learned Tribunal has granted compensation to the tune of Rs.3.48 lakh with interest at the rate of 6%

per annum on account of death of Jaan Singh, aged about 2 years.

2. The claimants/appellants have filed MAC No.1892/2023 for enhancement of compensation, whereas MAC No.57 of 2024 has been filed by the Insurance Company challenging the liability as well as quantum part of the award.

3. Facts of the present case are that on 06.07.2022 at about 9 am, the deceased Jaan Singh and his parents were waiting for conveyance at Atal Chowk at that point of time, the driver of the offending vehicle 407 bearing registration No. CG-16CG-6706 by driving it rashly and negligently dashed an electric pole, resultantly, that electric pole fell down and the deceased sustained grievous injuries. He was taken to hospital where he was declared dead. The claimants/appellants, who are parents of the deceased filed claim case under Section 166 of the ₹

Motor Vehicle Act claiming therein compensation to the tune of 25 lakh.

4. Insurance company filed reply and took a plea that the driver of the offending vehicle, at the time of accident, did not possess valid and effective driving license and the offending vehicle was being driven in absence of mandatory documents. The learned Tribunal framed issues and parties led evidence, thereafter, award was passed.

5. Mr. Anil Kumar Gulati, learned counsel appearing for the claimants would submit that the learned Tribunal has treated the deceased as non earning member and assessed annual notional income Rs.30,000/- per month. He would further submit that the learned Tribunal has awarded a sum of Rs.16,500 – 16,500/- for funeral expenses & loss of estate, respectively, but failed to