Partly allowed

Naresh Kumar v. Bhagwat Markam

Chhattisgarh HC4 Oct 2023MAC/848/2019

Case brief

AI extract

What is this about?

The High Court allowed a partial appeal in a motor accident claim involving the death of a minor child. The Court enhanced the compensation award from Rs. 1,95,000 to Rs. 5 lakhs, applying principles from Supreme Court precedents regarding child deaths.

What did the court decide?

Enhanced compensation of Rs. 3,05,000 awarded to appellants; Rs. 1,50,000 each to be invested as fixed deposit.

Naresh Kumar Vs Bhagwat Markam — Motor Accident Claims | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MAC No. 848 of 2019

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Naresh Kumar S/o Chheraku Ram Markam Aged About 32 Years R/o Harapara, Birgudi, Police Station Sihawa, Tahsil Nagari, District Dhamtari Chhattisgarh

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Jamvantin Bai W/o Naresh Kumar Markam Aged About 28 Years R/o Harapara, Birgudi, Police Station Sihawa, Tahsil Nagari, District Dhamtari Chhattisgarh.

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---- Appellants

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Versus

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Bhagwat Markam S/o Sonu Ram Markam (Constable) R/o Chhote Dongar Aarechha Road, Narayanpur, District Narayanpur Chhattisgarh. (Owner And Driver Of Offending Vehicle Motorcycle Bearing Registration No. C.G. 17k.K./1216)

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National Insurance Co. Limited Mobin Mahal, Second Floor G.I. Road Katchhari Chowk Raipur, District Raipur Chhattisgarh. (Insurer Of Offending Vehilce Motorcycle Bearing Registration No. C.G. 17 K.K. /1216)

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---- Respondents

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For Appellants : Ms. Nandkumari Kashyap, Advocate For Respondent No.2 : Shri Dashrath Gupta, Advocate

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Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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04/10/2023

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This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act of 1988’) has been filed challenging award dated 12/10/2018 passed in Claim Case No.06/2017 passed by the Additional Motor Accident Claims Tribunal (FTC), Dhamtari, District – Dhamtari.

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The unfortunate claimants, who lost their son in a accident occurred on 18/08/2016 had filed an application claiming compensation to the tune of Rs.20,10,000/-. The deceased - Krishna Kumar Markam was a child aged about 5 years studying in KG-I and died due to rash and negligent riding of the motor cycle bearing registration No. CG.17 K.K./1216. The application was resisted by the respective respondents on various counts. Learned Tribunal awarded compensation to the tune of Rs.1,95,000/- with interest @ 6%.

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Learned counsel for the appellant submits that the award is on the loser side in view of the judgment of the Hon’ble Supreme Court in the case of Kurvan Ansari @ Kurvan Ali and anr. v. Shyam Kishore Murmu and anr., (2022) 1 SCC 317 and Kishan Gopal and anr. v. Lala and ors., (2014) 1 SCC 244 compensation ought to have been enhanced. Apart from this, the amount of compensation on other heads is also on the lower side.

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Learned counsel for respective respondents supports the award passed by the learned Tribunal and submits that it does not require any interference.

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I have heard learned counsel for the parties and perused the records.

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The Tribunal has ignored certain relevant facts and evidence on record while considering the case of the claimants. The legal principle laid down in the case of Kurvan Ansari (supra) and Kishan Gopal (supra) is applicable to the facts and circumstances of the case in hand having regard to the fact that the deceased is a 5 year old boy. Further, the deceased boy would have certainly contributed substantially to his parents had he been alive.

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Taking the entire facts and circumstances, ends of justice would be served by awarding Rs.5 lakhs to the appellants / claimants.

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Accordingly, the appeal is partly allowed and amount of Rs.5 lakhs is awarded to the appellants / claimants. After deducting Rs.1,95,000/- as awarded by learned Tribunal enhancement comes to Rs.3,05,000/-. Respondent No.2 / insurance company shall pay the amount of Rs.3,05,000/within a period of 60 days with 6% interest from the date of claim application.

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On enhanced amount of compensation being deposited, Rs.1,50,000/- (each) shall be invested as fixed deposit in a Nationalised Bank for the period of 2 years. Remaining amount shall be paid to them by Bank transaction / account payee cheque.

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The appeal, thus, partly allowed.

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Sd/-

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(Sachin Singh Rajput ) Judge

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Deepti

Naresh Kumar v. Bhagwat Markam

Case brief

What is this about?

What did the court decide?

Naresh Kumar v. Bhagwat Markam

Case brief

What is this about?

What did the court decide?

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