NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MAC No. 122 of 2015

•

Radhakant Keshri S/o Madhav Shyam Keshri wrongly written Madhav

Ram Keshri, aged About 37 Years, Dayalband, P.S. City Kotwali, Bilaspur,

Civil and Revenue Distt. Bilaspur, Chhattisgarh (Owner of vehicle Tata

1109 No. CG 10C-1612)

---- Appellant/NA2

Versus

1. Smt Vimla Bai, wife of Ramu Sahu, aged about 40 years

2. Ramu Sahu, son of Dukalha Ram Sahu, aged about 43 years

Both r/o Rameshwarnagar, Near Mahamaya Mandir, Bhanpuri, Raipur,

Tahsil and District Raipur, Chhattisgarh (Applicants/claimants)

3. Ravi Kumar Nirmalkar S/o Banshilal Nirmalkar, Aged About 29 Years, son

of Banshilal Nirmalkar, R/o Devri Khurd, P.S. Torwa, District : Bilaspur,

Chhattisgarh (Driver of vehicle Tata 1109-CG 10 C 1612)

4. The New India Insu.Co.Ltd. thru- Divisional Office, Madira Building, Jail

Road, Raipur, District : Raipur, Chhattisgarh (Insurance Company of

vehicle Tata 1109 No.CG 10 C- 1612) Policy No.4520003/110100001854,

Policy Expiry Date 21.06.11 to 20.06.12

----Respondents

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For Appellant

: Shri CJK Rao, Advocate

For Respondents- 1 and 2

: Shri JA Lohani, Advocate

For Respondent- 3

: None appears

Fro Respondent-4

: Shri Raj Awasthi, Advocate

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Hon'ble Shri PR Ramachandra Menon, Chief Justice &

Hon'ble Shri Justice Parth Prateem Sahu

Order on Board

Per Parth Prateem Sahu, J.

01.02.2021

1.

Appellant/Owner of offending vehicle or NA2 has filed this appeal

under Section 173 of the Motor Vehicle Act, 1988 challenging impugned

award dated 26.11.2014 passed by the Chief Motor Accident Claims

Tribunal, Raipur (for short, Claims Tribunal) in Claim Case- 92 of 2012

whereby learned Claims Tribunal allowed the application for grant of

compensation in part and awarded Rs.46,00,000/- as total compensation

in a fatal accident case.

Mac 122 of 2015

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2.

Facts relevant for disposal of this appeal are that deceased Manish Kumar

Sahu was travelling on Motorcycle bearing No.CG 04DE-6668 as pillion rider

along with Manoj Kumar Sahu and Bedram Sahu. When they reached near

village Bemta, one Truck bearing No.CG 10C-1612 (hereafter, referred to as

'offending vehicle') driven by NA1 dashed the Motorcycle and caused accident.

In the said accident, Manish Kumar Sahu suffered grievous injuries over his

person. He was admitted to the Government Hospital, Simga and thereafter,

Medical College Raipur for treatment, but he succumbed to the injuries during the

course of treatment on 29.01.2012.

3.

Respondents-1 and 2/claimants, parents of deceased Manish Kumar Sahu

filed an application under Section 166 of the Act of 1988 pleading therein that on

the date of accident deceased was an able bodied person aged about 22 years.

He was working at Celeb Homes Private Limited, Raipur (for short, 'Company')

and earning Rs.15,750/- per month. Respondents- 1 and 2/claimants were

dependant upon the deceased, claimed total sum of Rs.46,00,000/- as

compensation.

4.

NA2/ appellant, Owner of offending vehicle submitted reply to claim

application. While denying the pleadings made therein, he further pleaded that

accident was result of negligence of Manoj Kumar Sahu, driver, of Motorcycle the

amount of compensation claimed is highly exaggerated. On the date of accident,

NA1, driver of offending vehicle was possessed with valid and effective driving

license. Offending vehicle was insured with NA3/insurance Company hence the

liability to pay amount of compensation would be upon the Insurance Company.

Mac 122 of 2015

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5.

NA3/Insurance Company submitted reply to claim application, denying the

pleadings made therein the claim application. It was further pleaded that

offending vehicle was being used without valid permit and fitness certificate.

Police whil