2026:CGHC:12563 NAFR Digitally signed by HIGH COURT OF CHHATTISGARH AT BILASPUR AVINASH AVINASHSHARMA SHARMA Date:

2026.03.28

14:14:25 +0530 MAC No. 1181 of 2018 The Oriental Insurance Company Limited Branch Office 16 R.S.S.

Market, Power House, Bhilai, Tehsil And District Durg.

... Appellant.

versus

1 - Smt. Surujbai W/o Late Ishwar Sinha, Aged About 34 Years. 2 - Rekhchand, S/o Late Ishwar Sinha Aged About 14 Years. 3 - Sandeep S/o Late Ishwar Sinha, Aged About 11 Years. 4 - Ramadhin S/o Bhurwa Sinha, Aged About 55 Years.

5 - Smt. Nemkunwar Bai W/o Ramadhin Sinha, Aged About 50 Years.

Respondent Nos.2 and 3 minor through mother Respondent No.1 Smt. Surujbai w/o Late Ishwar Sinha. All caste Kalar, all R/o Village Belgaon Tehsil Chhuikhdan, District Rajnandgaon Chhattisgarh. (Claimants)

6 - Ramjan Beg S/o Gulbeg Aged About 28 Years R/o Village Ninwa, Post Ninwa, Tehsil And Thana And District Bemetara Chhattisgarh. (Owner)

... Respondents.

For Appellant : Shri Shashank Agrawal appears on behalf of Shri Sudhir Agrawal, Advocates.

Hon’ble Mr. Justice Amitendra Kishore Prasad Judgment on Board

16/03/2026

1. This Appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/Insurance Company against the award dated 20.02.2018 passed by the Additional Motor Accident Claims Tribunal Khairagarh, District Rajnandgaon C.G. in Claim Case No.74/2014, whereby compensation to the tune of Rs.4,34,000/- has been awarded in favour of claimants/Respondent Nos.1 to 5 which was directed to be paid by appellant/Insurance Company and Respondent No.6. The compensation was directed to carry 6% per annum interest from the date of claim petition till its realization.

2. The facts of the case as per the claimants are that on 01-01-2014 at about 3.00 PM, deceased Ishwar Sinha was driving one motor cycle, and at the same time from the front side, another offending Motor Cycle no. C.G. 07 A.L. 2789 driven by Gulbeg came driven in a rash manner and dashed the above motor cycle driven by Ishwar Sinha, and due to accident both Ishwar Sinha and Gulbeg died. Due to death of driver Ishwar Sinha, this claim petition was filed, before tribunal. That in this claim petition, owner and Insurance company of this motor cycle no. C.G. 07 L.G. 8223 driven by Ishwar Sinha, were necessary party, and in absence of necessary party, above claim petition was liable to dismissed. Against driver Gulbeg, for offending motor cycle no. C.G. 07 A.L. 2789, FIR was lodged, as per para 17 of award but due to death of above driver Gulbeg, above criminal report was dropped by the police. That, even after demand of document of driving licence of driver Gulbeg by appellant insurance company through notice to produce document from owner of offending motor cycle no. C.G. 07 A.L. 2789, but no document of driving licence could be supplied by respondent no. 6 Ramjan Beg in compliance of section 134 M.V. Act, but tribunal wrongly awarded, against the appellant insurance company, which may be considered by this Court. That the tribunal has wrongly awarded excess compensation, which may be considered. Further, the tribunal has wrongly awarded penal interest, which may be considered. Because above accident occurred due to fault of both the motor cycles and dashed from front side, hence on the basis of contributory negligence, matter was to be decided by the tribunal.

3. The Tribunal after considering that no documentary evidence has been produced with regard to the income of the deceased, held the annual income of the deceased to be Rs.36,000/-. 1/3 of the annual income which comes to Rs.12,000/- was held personal expenses and accordingly, yearly dependence was held to be Rs.24,000/-. Deceased was aged about 36 years and by applying the multiplier of 16, Rs.3,84,000/- was calculated to be the quantum for dependence. Funeral expenses to be Rs.10,000/-, for loss of filial consortium Rs.20,000/- and for loss of parental consortium Rs.20,000/- and thereby, total of Rs.4,34,000/- was gr