This is an appeal against a Motor Accident Claims Tribunal order awarding compensation to the legal heirs of a deceased journalist. The court rejected the insurer's contention that the income assessment was erroneous.
The appeal was dismissed summarily with no order as to costs.
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.
IN THE HON’BL HIGH COURT OFCHHATTISGARH AT BILASPUR
M.A. (C) No. g i L/ 2913 (D.B.)
Branch Manager, Manager,
APPELLANT Branch Manager, Manager, NON-APPLICANT National Insurance CompanyLimited, NO. 3 Kamthi Line, Rajnandgaon, District .. Rajnandgoan (C.G.), through . w* "‘ vx n“&“\Q‘‘ Vi Divisional Manager, National pmsemeéb’ 1. 3 lOE Insurance Company,Bilaspur (C.G.) Da‘ed
VERSUS
RESPONDENTS CLAIMANTS
Ramteke, aged about 40 years. Dipankar RamtekeS/oLateAshok Ramteke, aged about14 years.
Hansha Ramteke S/o Late Ashok Ramteke, aged about12 year.
Non-Applicant No. 1
No. 2 & 3 are minor throughnatural mother Sarojni Ramteke guardian Wd/o Ashok Ramteke, CasteMahar, R/ o Kalkapara, Dongargarh, - Tahsil Dongargarh, & District Rajnandgaon (C.G.). Anil Kumar S/o Sahdev RamSahu, aged about 37 years, R/o Naya Dhaba, Police StationLal Bag, Tahsil & District - Rajnandgaon (CG)
(Driverofoffendingvehicle)
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Non-ApplicantN0.2 5. Ajay Khandelwal S/ o Nandkishore Khandelawal,caste- - Agrawal, Occupation businessman,R/ oKailashNagar,
Rajnandgaon (C.G.)
(Ownerofoffendingvehicle).
MISCELLANEOUS APPEALUIS173OF THEMOTOR VEHICLE ACT 1988.
Claimed beforetribunal- Rs. 40:00l000l-“"" p Amount awarded - Rs. 6,5050% , - Rs. 6,50,50m_ AppealvaluedatRs. Court Fee _ Rs. 15/_
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HIGH COURT OF CHHATTISGARH AT BILASPUR
M.A.(C) No 312of2013
APPELLANT Branch Manager, National Insurance Non~apphcant No. 3. Company Limited.
Versus
RESPONDENTS Smt Sarojani and others. Ciaimants
Misceuaneous aggeai undgr Section 173 of the Motor Vehicies Act, 1988
S.B: Hon’ble Mr Justice N.K.Aqarwal
Present : Shri A.K.Athaley, counselforthe appeliantf
AWARD
(01.04.201 3)
Heard on LA. No.1/2013 which is an application for
condonation of delay in filing the appeal.
- 0n due consideration, l am satisfied that the appellant succeeded in explaining the cause of delay in filing the appeal and, ‘5 therefore, the application {I.A. No.1f2013} is allowed. Delay in filing the appeal is condoned.
- As against the compensation of Rs.40‘00,000/- claimed by unfortunate widow and two minor children of deceased Ashok
2
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Ramteke by tiling claim petition under Section 166 of the Motor Vehicles Act for his death in the motor accident on 10.10201 D, the Tribunal awarded a total sum of Rs_6,50,500/~ as compensation 4amgwith interest @ 5% per annum from the date of filing of the \ claim petition till the date of actual payment. Learned Tribunal, on a close scrutiny of the evidence led, held; the accident had occurred due to rash and negligent driving of offending vehicle lndica car bearing registration No. 09-08-1418 by its driver ire. respondent No. 4; Ashok Ramteke died on account of injuries sustained by him in the said accident; appellantflnsurance Company liable for payment of compensation as it could not establish the violation of policy conditions; assessed and awarded aforesaid sum as compensation to the claimants.
$9
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is accordingly dismissed summarily.
1 3. No order as to costs.
SdlN.K. Agarwal ‘ Judge l
19%
1 issue framed by the court
Whether the compensation of Rs. 6,50,500/- awarded by the Motor Accident Claims Tribunal was shockingly high warranting interference.
2 provisions across 1 enactments
Branch Manager, National Insurance Company Limited
Smt. Sarojani Ramteke and others
Smt Justice N.K. Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
