Shivkumar Pao Vs Dinesh Kumar Chandra

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1

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MAC No.1134 of 2017

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Shivkumar Pao S/o Late Bharat Singh Pao, Aged About 30 Years R/o Village Usad, Tehsil Marwahi, Police Station Marwahi, District Bilaspur, Chhattisgarh. Climant, Chhattisgarh

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---- Appellant

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Versus

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Dinesh Kumar Chandra S/o Dinbandhu Mahar, Aged About 43 Years Driver R/o Purani Basti, Tehsil Marwahi, Police Station Marwani, District Bilaspur, Chhattisgarh., Chhattisgarh

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Kamlesh Gupta S/o Gulzarilal Gupta, Aged About 25 Years Owner R/o Purani Basti, Tehsil Marwahi, Police Station Marwani, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

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The Oriental General Insurance Com. Ltd. Behind Rajiv Plaza, Old Bus Stand, Bilaspur, District Bilaspur, Chhattisgarh. Insurer, District : Bilaspur, Chhattisgarh

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---- Respondent

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For Appellant/Claimant	: Mr. Abhishek Pandey, Advocate
For Respondent No.3	: Mr. Pankaj Agrawal, Advocate alongwith Ms.
	Swati Agrawal, Advocate.
For Respondents No.1 & 2	: None.

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Hon'ble Shri Justice Sachin Singh Rajput

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Order on Board

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11.06.2024

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This appeal has been filed under Section 173 of Motor Vehicles Act, 1988 being aggrieved by the award dated 05.11.2016 passed in in Claim Case No.13/2016 by Additional Motor Accident Claims Tribunal, Pendra Road, District Bilaspur Chhattisgarh. The claimant/applicant has claimed Rs.20.00 lacs under different heads, the learned Tribunal has awarded the compensation of Rs.1,15,000/- in favour of the applicant on account of death of the deceased Samodia Bai. She was sitting in the vehicle bearing Registration No. MP18 L 0335 which was driven in rash and negligent manner by Respondent No.1, namely, Dinesh

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2

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Kumar Chandra (driver) and the Respondent No.2, namely, Kamlesh Gupta (owner of the vehicle) insured by the Respondent No.3 (insurance company).

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As per the pleadings of the claim application, the deceased was traveling in the offending vehicle and the driver of the vehicle drove the vehicle in a rash and negligent manner and the incident took place and resultantly cause the death of the deceased (Samodia Bai). The offence under Section 304-A of the IPC was registered against the respondent No.1 driver of the offending vehicle. The claimant was depended upon the income of the deceased.

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The respondent Nos.1 and 2 has filed their written statement and denied the averments of the claim application.

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The insurance company (Respondent No.3) has also filed a written statement and denied the averments of the claim application. It was pleaded that the deceased was gratuitous passenger and the driver did not have valid and effective driving licence so the insurance company is not liable to pay the compensation amount.

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The leamed Tribunal framed the issues on the basis of pleadings of the parties and after assessment of the evidence available on record the tribunal came to the conclusion that the insurance company is liable to pay the compensation.

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Learned counsel appearing for the appellant/claimant further submits that the compensation which was awarded by the Claims Tribunal is on the lower side and needs to be enhanced suitably. He further submits that this appeal may be allowed.

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None appeared on behalf of Respondent Nos.1 & 2 though the notices have been served upon him.

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Learned counsel appearing for Respondent No.3 (insurance company) opposed the argument advanced by the counsel for the appellant and submits that the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement.

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3

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I have heard the learned counsel for the parties considered their rival submissions and perused the record.

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The date of accident is 28.08.2014. Looking to the evidence on record, it is shown that the lady, who was travelling in the offending vehicle, is 55 years old mother of the appellant. She was the head of the family and due to her death in the alleged accident, the applicant has been deprived of the guardianship and love and affection of her mother. The tribunal has found that the appellant being a major son 30 years old young man and has a family, he must be earning income by doing hard work for the livelihood of his family. The tribunal has awarded the amount of compensation as the appellant will get Rs.1,00,000 for the death of the deceased in the road accident, Rs.5,000/- to the appellant on account of love and affection and also Rs.10,000/- as funeral expenses.

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Considering the totality and facts and circumstances of the case and evidence available on record, this Court is inclined for enhancement of further sum of Rs.1,00,000/-, the same would be deposited by the insurance company/respondent No.3 within the period of 60 days.

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11.This appeal is accordingly partly allowed.

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Sd/- (Sachin Singh Rajput) Judge

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Abhigya.S

Shivkumar Pao v. Dinesh Kumar Chandra

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Shivkumar Pao v. Dinesh Kumar Chandra

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