2026:CGHC:20733 Digitally signed by SISTA AFR SISTA SOMAYAJULU SOMAYAJULU Date:

2026.05.05

18:19:26 HIGH COURT OF CHHATTISGARH AT BILASPUR +0530 MAC No. 2293 of 2019 {Arising out of award dated 16-7-2019 passed by the Additional Motor Accident Claims Tribunal (FTC), North Bastar Kanker in Claim Case No.13/2017}

United India Insurance Company Limited, through its Divisional Manager, Divisional Office Ist Floor, Krishna Complex, Jail Road, Kuctchery Chowk, Raipur, District Raipur, Chhattisgarh (Non-Applicant No.3)

--- Appellant versus

1. Damyanti Keshari, Wd/o Late Narad Singh Keshari, aged 40 years, (Applicant No.1)

2. Minor Purab Keshari, S/o Late Narad Singh Keshari, aged 12 years, Minor through Mother-Damyanti Keshari, (Applicant No.2)

Both are R/o Ward No.14, Nagar Panchayat Narharpur, Tah.

Narharpur, District North Bastar Kanker, Chhattisgarh

3. Ashok Kumar Jain, S/o Devlal Jain, aged 23 years, R/o Vill. Pataud, P.S. & District North Bastar Kanker, Chhattisgarh (Non-Applicant No.1)

4. Devendra Singh Thakur, S/o Chhabilal Thakur, aged 52 years, Caste Kshatriya, R/o Kankaleen Para, M.G. Ward Kanker, District North Bastar Kanker, Chhattisgarh (Non-Applicant No.2)

5. Lata Keshari, Wd/o Narad Keshari, aged 47 years, R/o Vill. Birgudi, Tah. Nagari, District Dhamtari, Chhattisgarh (Non-Applicant No.4)

--- Respondents AND MAC No. 2036 of 2019 {Arising out of award dated 16-7-2019 passed by the Additional Motor Accident Claims Tribunal (FTC), North Bastar Kanker in Claim Case No.13/2017}

Lata Keshri, Wd/o Late Narad Keshri, aged about 47 years, R/o Village Birgudi, Tahsil Nagri, District Dhamtari, Chhattisgarh.

(Claimant)

--- Appellant Versus

1. Damyanti Keshri, Wd/o Late Narad Singh, aged about 40 years.

2. Minor Purab Keshri, S/o Late Narad Keshri, aged about 12 years, (minor) through natural guardian mother Damyanti Keshri.

Both R/o Ward No.14, Nagar Panchayat, Narharpur, Tahsil Narharpur, District North Bastar Kanker, Chhattisgarh.

(Claimants)

3. Ashok Kumar Jain, S/o Devlal Jain, aged about 23 years, R/o Village Patoud, Police Station and District North Bastar Kanker, Chhattisgarh.

(Driver of offending vehicle Tata Indica bearing registration No.CG-19/BD-0121)

4. Devendra Singh Thakur, S/o Chhabilal Thakur, aged about 52 years, R/o Kankalin Para, M.G. Ward Kanker, District North Bastar Kanker, Chhattisgarh.

(Owner of offending vehicle Tata Indica bearing registration No.CG-19/BD-0121)

5. Branch Manager, The United India Insurance Company Limited, Krishna Complex, 1^st Floor, Jail Road, Katcheri Chowk, Raipur Chhattisgarh.

(Insurer of offending vehicle Tata Indica bearing registration No.CG-19/BD-0121)

--- Respondents For Insurance Company : Mr. Dashrath Gupta, Advocate.

For First Wife Lata Keshari : Mr. Aditya Khare, Advocate.

For Second Wife Damayanti Keshari: Mr. Amit Kumar Sahu, Advocate.

Amicus Curiae : Mr. Rahul Tamaskar and Mr. Shashank Agrawal, Advocates.

Single Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board

04/05/2026

1. Since both the above titled appeals, filed in terms of Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the MV Act’), arise out of a common award dated 16-7-2019 passed by the Additional Motor Accident Claims Tribunal (FTC), North Bastar Kanker in Claim Case No.13/2017 and since common questions of facts and law are involved in both these appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

2. The Insurance Company has preferred MAC No.2293/2019 questioning the award, whereas first wife of the deceased has preferred MAC No.2036/2019 questioning the apportionment of the award amount, as 25% has been awarded to her.

3. The aforesaid challenge has been made on the following factual backdrop: -

4. Narad Singh Keshari had met with an accident on 27-12-2016 and succumbed to the injuries. Consequently, his second wife Smt. Damayanti Keshari and her minor son Purab Keshari filed claim petition under Section 166 of the MV Act impleading first wife Smt. Lata Keshari as