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RJAATGHVENDRADsRJAiAigg TnGiteHadl V by EyNDRA NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MAC No. 1406 of 2018

Judgment Reserved on: 14.1.2026

Judgment Delivered on: 28.2.2026

• Bajaj Allianz General Insurance Company Limited Shiv Mohan

Bhawan Pandri Raipur, Chhattisgarh. Through Legal Officer, Bajaj

Allianz General Insurance Company Limited, Shiv Mohan Bhawan

Vidhan Sabha Road Pandri Raipur, Chhattisgarh. ............Insurer.,

District : Raipur, Chhattisgarh.

... Appellant(s)

versus

1. Thanwar Jagat S/o S/o Late Parsram Jagat Aged About 45 Years

R/o Village Marar Kashibahra P. S. Bheemkhoj Tehsil Bagbahra

District Mahasamund, Chhattisgarh. ............Claimant., District :

Mahasamund, Chhattisgarh.

2. Smt. Kumari Bai Jagat W/o W/o Thanwar Jagat Aged About 40

Years R/o Village Marar Kashibahra P. S. Bheemkhoj Tehsil

Bagbahra District Mahasamund, Chhattisgarh., District :

Mahasamund, Chhattisgarh.

3. Purushottam Jagat D/o S/o Thanwar Jagat Aged About 12 Years

Minor They Are Through Natural Guardian Father Thanwar Jagat,

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R/o Village Marar Kashibahra P. S. Bheemkhoj Tehsil Bagbahra

District Mahasamund, Chhattisgarh., District : Mahasamund,

Chhattisgarh.

4. Ku. Pushpa Jagat D/o D/o Thanwar Jagat Aged About 12 Years

Minor They Are Through Natural Guardian Father Thanwar Jagat,

R/o Village Marar Kashibahra P. S. Bheemkhoj Tehsil Bagbahra

District Mahasamund, Chhattisgarh., District : Mahasamund,

Chhattisgarh.

5. Deepak Jagat S/o S/o Thanwar Jagat Aged About 7 Years Minor

They Are Through Natural Guardian Father Thanwar Jagat, R/o

Village Marar Kashibahra P. S. Bheemkhoj Tehsil Bagbahra

District Mahasamund, Chhattisgarh., District : Mahasamund,

Chhattisgarh.

6. Ku. Dileshwari Jagat D/o D/o Thanwar Jagat Aged About 2 Years

Minor They Are Through Natural Guardian Father Thanwar Jagat,

R/o Village Marar Kashibahra P. S. Bheemkhoj Tehsil Bagbahra

District Mahasamund, Chhattisgarh., District : Mahasamund,

Chhattisgarh.

7. Prdeep Kumar Devnath S/o S/o Brindvan Bangali Aged About 25

Years R/o Mahamaya Chowk Ghoudari P. S. Tehsil And District

Mahasamund, Chhattisgarh. ...........Driver., District :

Mahasamund, Chhattisgarh.

8. Kamal Dev Chandrakar S/o S/o Chhanulal Chandrakar R/o Village

Belsonda, P. S. Tehsil And District Mahasamund,

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Chhattisgarh. ............Owner., District : Mahasamund,

Chhattisgarh.

... Respondent(s)

For Appellant(s) : Mr. Ghanshyam Patel, Advocate.

For Respondent(s) No. 1 : Mr. R.V. Ram Rajwade, Advocate.

to 6

For Respondents No. 7 & : None though notice has been

8 served.

Hon’ble Mr. Justice Amitendra Kishore Prasad

C A V Judgment

1. The present is Insurance Company’s appeal assailing the award

dated 27.3.2018 passed by the learned 2^nd Additional Motor

Accident Claims Tribunal, Mahasamund (C.G.) in Claim Case No.

H-56/2016, whereby an amount of Rs. 5,65,000/- with interest @

6% per annum has been awarded in the favour of the

claimants/respondents No. 1 to 6 herein of the deceased for their

irreparable loss.

2. The claimants i.e. respondents No. 1 to 6 represented by Mr. R. V.

Ram Rajwade, Advocate have also filed a cross-objection seeking

for enhancement of compensation.

3. Brief facts of the case, is that, an application under Section 166 of

the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act”)

was filed by respondent Nos. 1 to 6, being the parents and

siblings of the deceased Daggu @ Dagesh Baghel, seeking

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compensation for his death. It was the case of the claimants that

on 06.10.2014, the deceased was going to Mahasamund on his

bicycle along with his friend Golu, and while they were standing

on the roadside, Meghnath joined them, when suddenly the driver

of the offending Maruti Van bearing registration No. CG-06-

E-1416, coming from the opposite direction in a rash and

negligent manner, hit all of them, causing serious injuries. They

were initially shifted to Government Hospital, Dhamtari, and

thereafter referred to Medical College, Raipur, where the

deceased ultimately succumbed to his injuries during treatment.

According to the c