NIRMALA RAO

2026:CGHC:9272 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1988 of 2025

1 - Savita Chandrakar W/o Late Dileshwar Chandrakar Aged About 36 Years R/o Village- Jhopadi Potar Kholi, Ward No.- 65, Thana And Tahsil- Sirgitti, Distt.- Bilaspur (C.G.) Hall- Mukam- Uddhavnagar Bakipara Kormi, Near- Madan Kirana Store, Thana- Sirgitti Bilaspur, Tahsil And Distt.- Bilaspur (C.G.) 2 - Dilshan Chandrakar S/o Late Dileshwar Chandrakar Aged About 13 Years Minor Through Legal Guardian Mother Appellant No. 1 Savita Chandrakar, R/o Village- Jhopadi Potar Kholi, Ward No.- 65, Thana And Tahsil- Sirgitti, Distt.- Bilaspur (C.G.) Hall- Mukam- Uddhavnagar Bakipara Kormi, Near- Madan Kirana Store, Thana- Sirgitti Bilaspur, Tahsil And Distt.- Bilaspur (C.G.) 3 - Paras Chandrakar S/o Late Dileshwar Chandrakar Aged About 7 Years Minor Through Legal Guardian Mother Appellant No. 1 Savita Chandrakar, R/o Village- Jhopadi Potar Kholi, Ward No.- 65, Thana And Tahsil- Sirgitti, Distt.- Bilaspur (C.G.) Hall- Mukam- Uddhavnagar Bakipara Kormi, Near- Madan Kirana Store, Thana- Sirgitti Bilaspur, Tahsil And Distt.- Bilaspur (C.G.) 4 - Shiv Prasad Chandrakar S/o Jageshwar Chandrakar Aged About 64 Years R/o Village- Jhopadi Potar Kholi, Ward No.- 65, Thana And Tahsil- Sirgitti, Distt.- Bilaspur (C.G.) Hall- Mukam- Uddhavnagar Bakipara Kormi, Near- Madan Kirana Store, Thana- Sirgitti Bilaspur, Tahsil And Distt.- Bilaspur (C.G.) 5 - Son Bai W/o Shiv Prasad Chandrakar Aged About 58 Years R/o Village- Jhopadi Potar Kholi, Ward No.- 65, Thana And Tahsil- Sirgitti, Distt.- Bilaspur (C.G.) Hall- Mukam- Uddhavnagar Bakipara Kormi, Near- Madan Kirana Store, Thana- Sirgitti Bilaspur, Tahsil And Distt.- Bilaspur (C.G.)

... Appellant(s)

versus

1 - Nand Kumar Yadav S/o Vedram Yadav Aged About 40 Years R/o Village- Kohrauda Ward No.- 05, Thana- Masturi, Tahsil- Navagarh, District- Bemetara (C.G.) (Driver Of The Offending Vehicle Truck No. C.G. 10/ A.P./9614) 2 - Ajit Tiwari S/o Krishna Chand Tiwari R/o Phooleshwari Sharma House, Kashim Para Shankar Nagar, Thana- Torwa, Bilaspur, Tahsil And District- Bilaspur (C.G.) (Owner Of The Offending Vehicle Truck No. C.G. 10/a.P./9614) 3 - Through Branch Manager The Oriental Insurance Company Limited, Ram Trade Centre, 1st Floor, Near- Old Bus Stand, In Front Of Rajiv Plaza- Bilaspur, Tahsil And District- Bilaspur (C.G.) (Insurer Of The Offending Vehicle Truck No. C.G. 10/

A.P./9614)

... Respondent(s)

For Appellants : Shri A.L. Singraul, Advocate.

For Respondents No.1 & 2 : None.

For Respondent No.3 : Shri Raj Awasthi, Advocate.

Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

23.02.2026

1. The appellants/ claimants have filed this appeal for enhancement of compensation assailing the judgment and award passed by the learned Sixth Motor Accident Claims Tribunal, Bilaspur, District Bilaspur in Claim Case No.31 of 2022 dated 20.1.2025 whereby the learned Tribunal passed an award to the tune of Rs.29,76,210/- alongwith interest @ 9% per annum on account of death of Dileshwar Chandrakar.

2. The facts, in brief, are that on 21.5.2021 when deceased Dileshwar Chandrakar alongwith his brother were returning from Dharsiva, District Baloda Bazar, near Masturi Darrighat Highway, the driver of the offending Truck bearing registration No.C.G.10 A.P. 9614, by driving it rashly and negligently dashed the motorcycle resultantly, Dileshwar Chandrakar sustained grievous injuries and succumbed to death on 14.6.2021. The claimants, who are widow, two minor children and parents filed a claim case under Section 166 of the Motor Vehicles act wherein they pleaded that the deceased was a Contractor earning Rs.5,00,000/- per annum and was aged about 40 years at the time of accident. They claimed a sum of Rs.29,76,210/-. The Insurance Company filed its reply denying the averments made in the claim petition. Learned Tribunal framed issues, the parties led their evidence and thereafter, an award was passed.

3. Learned counsel for the appellants would subm