NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Miscellaneous Appeal (C) No.245 of 2016

Order Reserved on : 28.4.2022

Order Passed on : 23.6.2022

United India Insurance Company Limited, through its Divisional

Manager, Divisional Office Krishna Complex, Kutchery Chowk, Raipur,

District Raipur, Chhattisgarh

---- Appellant

versus

1. Smt. Shashikala Deepak Sahu @ Shashikala Sahu, Wd/o Late Shri

Govindram Deepak Sahu, aged about 56 years,

2. Kamal Kishor Deepak Sahu, S/o Late Shri Govindram Deepak Sahu,

aged about 34 years,

3. Maheshwari Sahu, W/o Vijay Sahu, aged 29 years,

Respondents No.1 to 3 all are R/o Near Water Tank, Kabir Nagar,

Raipur, District Raipur, Chhattisgarh

4. Roshan @ Lalla, S/o Shri Ramkumar Mahar, aged 23 years, R/o

Village Barbaspur, P.O. Borid, P.S. Ranitarai, Tahsil Patan, District

Durg, Chhattisgarh

5. The Oriental Insurance Co. Ltd. Divisional Office No.1, through its

Divisional Manager, Madina Manjil, Jail Road, Raipur, Chhattisgarh

--- Respondents

and

Miscellaneous Appeal (C) No.413 of 2016

1. Smt. Shashikala Deepak Sahu @ Shashikala Sahu, W/o Late Shri

Govind Ram Deepak Sahu, aged about 56 years,

2. Kamal Kishore Deepak Sahu, S/o Late Shri Govind Ram Deepak

Sahu, aged about 34 years,

3. Smt. Maheshwari Sahu, W/o Vijay Sahu, aged about 29 years,

All R/o Near Water Tank, Kabir Nagar, Post Office Raipur, Police

Station Amanaka, Raipur, Tahsil and District Raipur, Chhattisgarh

---- Appellants

versus

1. Roshan @ Lalla Mahar, S/o Shri Ramkumar Mahar, aged about 23

years, R/o Village Barbaspur, Post Office Borid, Police Station

Ranitarai, Tahsil Patan, District Durg, Chhattisgarh

2. The United India Insurance Company Limited, through Divisional

Manager, Divisional Office Krishna Complex, Kutchery Chowk, Raipur,

Post Office Raipur, Police Station Golbazar, Raipur, District Raipur,

Chhattisgarh

3. The Oriental Insurance Company Limited, through Divisional Office

No.1, Divisional Manager, Madina Manzil, Jail Road, Raipur, Post

Office Raipur, Police Station Golbazar, Raipur, District Raipur,

Chhattisgarh

--- Respondents

2

-------------------------------------------------------------------------------------------------------

For United India Insurance Company Ltd. : Shri Dashrath Gupta, Advocate

For Claimants Smt. Shashikala Deepak : Shri Shivendu Pandya, Advocate

Sahu and 2 others

For The Oriental Insurance Co. Ltd.

: Ms. Astha Sharma, Advocate

on behalf of Shri Goutam

Khetrapal, Advocate

For Driver & Owner Roshan @ Lalla : None

-------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Arvind Singh Chandel

C.A.V. ORDER

1.

Since both the appeals arise out of a common award, they are

heard and decided together.

2.

Both the appeals have been preferred against the award dated

24.11.2015 passed by the Motor Accidents Claims Tribunal, Raipur

in Claim Case No.47 of 2013, whereby the Tribunal has awarded

total compensation of Rs.35,37,341 in favour of the claimants.

3.

Facts of the case, in short, are that Govind Ram Deepak Sahu,

aged about 56 years, who was working as a senior technician in

Bhilai Steel Plant, Bhilai, died on 19.4.2013 in a motor accident

occurred on 17.4.2013. Roshan alias Lalla was the driver and

owner of the offending motorcycle bearing registration No.CG 05 N

3419 and the offending motorcycle was insured with United India

Insurance Company Limited. The claimants, i.e., wife, son and

daughter of the deceased filed an application for compensation

under Section 166 of the Motor Vehicles Act. In his written

statement, Roshan alias Lalla, the driver and owner of the

offending motorcycle pleaded that at the time of accident, he was

3

having a valid and effective driving licence and the offending

motorcycle was duly insured with United India Insurance Company

Limited and, therefore, he is not respon