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Digitally signed by GOPAL SINGH Date:

2026.04.08

14:38:27 +0530

2026:CGHC:14341

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MAC No. 700 of 2021

1 - Ashok Kumar Sharma S/o Shri Dhaneshwar Sharma Aged About 47 Years R/o Village Church Road, Near Durga Mandir Shanti Nagar Ward Jagdalpur District Bastar Chhattisgarh 2 - Ku. Priti Sharma D/o Ashok Kumar Sharma Aged About 21 Years R/o Village Church Road, Near Durga Mandir Shanti Nagar Ward Jagdalpur District Bastar Chhattisgarh 3 - Ku. Kavita Sharma D/o Ashok Kumar Sharma Aged About 20 Years R/o Village Church Road, Near Durga Mandir Shanti Nagar Ward Jagdalpur District Bastar Chhattisgarh 4 - Ku. Nandini Sharma D/o Ashok Kumar Sharma Aged About 15 Years Through Her Natural Guardian Appellant-1, R/o Village Church Road, Near Durga Mandir Shanti Nagar Ward Jagdalpur District Bastar

Chhattisgarh

5 - Shivam Sharma S/o Ashok Kumar Sharma Aged About 11 Years Through Her Natural Guardian Appellant-1, R/o Village Church Road, Near Durga Mandir Shanti Nagar Ward Jagdalpur District Bastar

Chhattisgarh ... Appellants

versus

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1 - Rupendra Kumar Yadav S/o Late Nilkanth Yadav Aged About 46 Years R/o Baila Bazar Mandir Gali Near Deenanath Doubleroti, Jagdalpur District Bastar Chhattisgarh 2 - Mahesh Sao S/o Shri K. K. Sao R/o Shakti Singh Gali, Shanti Nagar Ward, Jagdalpur District Bastar Chhattisgarh ......(Owner) 3 - National Insurance Company Limited Through Branch Manager, Branch OfÏce, First Floor, Shanti Chhavi Tower Sirasar Square

Powerhouse Road, Jagdalpur District Bastar Chhattisgarh ... Respondent(s)

For Appellants : Ms. Gurpreet Kaur Bhatia, Advocate and Shri H.A.P.S. Bhatia, Advocate

For Respondent : Shri Pravin Kumar Tulsyan, Advocate No.3/insurance company

Hon’ble Shri Justice Sachin Singh Rajput

Order on Board

25/03/2026

1. This appeal under Section 173 of the Motor Vehicles Act, 1988

(for short ‘the MV Act’) calls in question validity, correctness and judicial propriety of the award dated 22.2.2021 passed by the 1^st Additional Motor Accidents Claims Tribunal, Jagdalpur, District Bastar (Chhattisgarh) (for short ‘Claims Tribunal’) in Case No.13

of 2019.

2. By the award impugned, learned Claims Tribunal has awarded

compensation of Rs.11,13,040 on account of death of Smt. Manju Sharma in an accident that occurred on 21.10.2018 by

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rash and negligent driving of the offending vehicle Tata 407 bearing registration No.CG 04 JA 5747 driven by respondent No.1/Rupendra Kumar Yadav, owned by respondent No.2/Mahesh Sao and insured with respondent No.3/National Insurance

Company Limited.

3. As per the pleadings of the claim application, the deceased was

aged about 43 years. She was a transporter and was also running a grocery stores. She was earning total Rs.25,000 per month. She met with the accident due to rash and negligent driving of the offending vehicle which resulted into her death.

Total compensation of Rs.44,38,700 was claimed.

4. Respondents No.1 and 2 and Respondent No.3/insurance

company denied the averments of the claim application. Respondent No.3/insurance company also pleaded that one other vehicle was involved in the accident whose owner and insurer were not impleaded as party to the claim application. Respondent No.1/driver of the offending vehicle did not have a valid and effective licence to drive the offending vehicle. The insurance company also pleaded violation of terms and conditions of the insurance policy in driving the offending vehicle. The vehicle scooty on which the deceased was riding was being driven by her daughter rashly and negligently and she

did not have any licence to drive the scooty.

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5. On the basis of above pleadings, learned Claims Tribunal framed

issues and having decided them awarded the above stated

compensation.

6. Learned counsel for the appellants/claimants submits that the

deceased was running a business of transportation. She had two commercial vehicles registered in her name and she was earning Rs.25,000 per month. Her husband/appel