High Court of Chhattisgarh dismissed an appeal by claimants seeking enhancement of compensation awarded in a motor accident claim. The Court found that the Tribunal's assessment was based on reliable evidence and was just and proper, rejecting arguments for a higher sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH
CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J.
Misc. Appeal No. 839 of 2006
Appellants 1 Hariram S/o Sakharam, aged about Claimants 42 years 2 Smt Vimla Sahu, W/o Hariram Sahu, aged about 38 years Both are R/o Village - Portha, Police Station - Sakti, Distt Janjgir-Champa (Chhattisgarh)
VERSUS
| Respondente | Mainejar Yadav, S/o Kishun Yadav, aged about 26 years, R/o Ghasidas NagarJamul, Police Station- Jamul, District Durg (CG) (Owner ofthe offending vehicle) Harendar S/o Ramsakal Yadav, aged about 30 years, R/o Village Chhitaolikhurd, Police Station - Goriya Kothi, District- Siwar (Bihar) |
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| Present Address - Ghasidas nagar Jamul, Police Station - Jamul, District Durg (CG) (Driver ofthe offending vehicle) The New India Insurance Company, Branch Office- Korba, DistrictKorba (CG) (Insurerofthe offending vehicle) |
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| Dushyant Kumar S/o Seetaram Rathore, R/o Village- Portha, Police Station & Tehsil - Sakti, District - Janjgir Champa (CG) |
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5 The United India Insurance Company Limited, Transport Nagar, Korba Distt Korba (CG)
MISC. APPEAL UNDER SECTION 173 12} OF THE IVIOTOR VEHICLESACT,1988.
Present: Shri P.K. Patel, counsel for the appellants. Shri Shailendra Sharma, counsel for respondent No.3.
Shri H.B. Agrawal, Senior Counsel with Smt. Meera Jaiswal, counsel for respondeht No.5.
ORDER
ISt (01SIApril,2011)
The followihg order of the Court •' was passed by
Rajeev Gupta, C.J.
This is claimants' appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Sakti, district Bilaspur (for short 'the Tribunal') vide award dated 10.02.2006, passed in Claim Case No.25/2005. 2) As against the compensation of Rs.39,57,500/- claimed by the appellants/ claimants, unfortunate parents of deceased Ku. Aahilya Sahu by filing a claim petition under Section 166 of the Motor Vehicles Act, for her death in the motor accident on 19.04.2005, the Tribunal awarded a total sum of Rs.2,12,000/- as compensation along with interest @ 6% per annum from the date offiling ofthe claim petition till the date of actual payment. 3) Shri P.K. Patel, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation of Rs.2,12,000/- only.
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deceased by the Tribunal at Rs.3,000/month and per Rs.36,000/- per annum.
Sd/Rangnatfa Gfaandrakar
nimreii
3 issues framed by the court
Whether enhancement of compensation in a motor accident claim is sustainable when there is no reliable evidence to support the claimed higher income of the deceased.
Whether the reduction of deceased's income for personal expenses and the selection of a high multiplier were justified.
Whether the compensation awarded by the Motor Accident Claims Tribunal was just and proper.
Colour shows how this judgement treated each authority
2000(1) T.A.C. 208(SC)Referred¶28
Hariram S/o Sakharam
Vimla Sahu
New India Insurance Company Limited
United India Insurance Company Limited
Mainejar Yadav
Harendar S/o Ramsakal Yadav
Rajeev Gupta
Rangnath Chandrakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
