Advocates:
['N P CHANDRAVANSHI', '', 'Bhagwati Kashyap', 'NEETA CHOUBEY', 'T K TIWARI', '', 'TARUN DANSENA']

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MAC No. 1555 of 2015

1.

Sumitra Devi, Wd/o Late Bhaiyalal Sahu, Aged About 45 Years

2.

Ku. Anita D/o Late Bhaiyalal Sahu, Aged About 17 Years Minor

3.

Savita D/o Late Bhaiyalal Sahu, Aged About 15 Years Minor

4.

Ramprasad S/o Late Gogal Sahu, Aged About 70 Years

5.

Hansarniya W/o Shri Ramprasad Sahu Aged About 65 Years Died -

Deleted ............Claimants

Minors Appellants-2 and 3 through their natural guardian ie mother

Sumitra Devi.

All are resident of Chingrajpara, PS Sarkanda, District-Bilaspur (CG)

---- Appellants

Versus

1.

Branch Manager, the Oriental Insurance Company Limited , Ambikapur,

Chhattisgarh, Through The Divisional Manager, The Oriental Insurance

Company Limited, Near Bus Stand, Bilaspur, Tahsil And Distt. Bilaspur,

Chhattisgarh Insurer Vehicle No. C.G.15 Z G 0279, Chhattisgarh

2.

Lakhan Singh S/o Shri Ramgopal Singh, Aged About 22 Years R/o Sa.

Govindpur, P.S. Surajpur, Distt. Surguja, Chhattisgarh Driver Vehicle No.

C.G.15 Z G 0279

3.

Shri Prasad S/o Shri Moharsai, Age not mentioned, R/o Village And Post

Salhi, Surajpur, Distt. Surajpur, Chhattisgarh Driver Vehicle No. C.G.15 Z

G 0279

4.

Savitri Devi W/o Shri Ramnath Sahu, Aged About 50 Years R/o Village-

Amhar, Targawan, P.O. Patna, Distt. Korea, Chhattisgarh Died- Deleted,

District : Koriya (Baikunthpur), Chhattisgarh

5.

Pradeep @ Prem Sai S/o Late Bhaiyalal Sahu, Aged About 29 Years R/o

Village Satpata, Vishrampur, Tahsil And Distt. Surajpur, Chhattisgarh

---- Respondents

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

For Appellants

:

Shri Pushkar Sinha, Advocate

For Respondent-1

:

Shri TK Tiwari, Advocate

For other Respondents

:

None appears though

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

Hon'ble Shri Justice Parth Prateem Sahu

Order on Board

16.09.2021

1.

Challenge in this appeal is to the award dated 24.08.2015 passed

by the 5^th Additional Motor Accident Claims Tribunal, Bilaspur (for short,

'Claims Tribunal') in Claim Case- 448 of 2014, whereby learned Claims

Mac 1555 of 2015

2

Tribunal allowed application filed under Section 166 of the Act of 1988 in

part, awarded Rs.17,75,000/- as compensation, along with interest @ 6%

per annum to be calculated after 60 days of award, in a fatal accident case

and fastened liability to satisfy compensation upon NA 1 Insurance

Company.

2.

Facts of the case relevant for disposal of this appeal are that on

14.08.2010, Bhaiyalal was travelling on his motorcycle and going to

Baikunthpur. While so, when he reached to his village Kamalpur, one

Tractor bearing No.CG15 ZG 0279 and Trolley bearing No.CG15 ZG 0280

(for short, 'offending tractor') driven by NA2 dashed motorcycle. In the

accident, Bhaiyalal suffered grievous injuries and succumbed to those

injuries on the spot.

3.

Applicants/Appellants, who are widow, children and parents of

deceased filed an application under Section 166 of Motor Vehicle Act,

1988 seeking total compensation of Rs.51,91,112/- on different heads on

account of untimely motor accidental death of deceased Bhaiyalal. During

pendency of claim application, applicant-5, mother of deceased died and

her name was deleted.

4.

NA1/Insurance Company of offending tractor submitted reply to

claim application denying facts pleaded therein. It is further pleaded that

amount of compensation claimed to be highly exaggerated; on the date of

accident, NA2, driver of offending tractor was not possessed with valid and

effective driving license; and Insurance Company of motorcycle is not

Mac 1555 of 2015

3

arrayed as party non-applicant, hence, claim application is not

maintainable for non-joinder of necessary parties.

5.

NA2 and 3, driver and owner of offending tractor submitted their

reply denying the facts pleaded in claim application. It was pleaded that

accident was