Disposed¶53

Patiram Gupta v. United India Insurance Company Limited

Chhattisgarh HC9 Jul 2025MAC/1602/2017

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur (Justice Amitendra Kishore Prasad, 10.07.2025) disposes two claimant appeals (MAC No. 1355 of 2018 and MAC No. 1602 of 2017) against award dated 04.09.2017 in Claim Case No.54/2015 granting Rs.1,00,000 with 6% interest for death of rider in motorcycle collision of 31.08.2013; enhancement refused, quantum not interfered with, left open per Ramkhiladi v. United India Insurance Company, (2020) 2 SCC 550; package policy; insurer's premium/owner's-risk objection recorded in submissions.

What did the court decide?

Appeals disposed of without enhancement; claimants observed to be entitled to compensation only to the extent of ₹1,00,000/- (the amount awarded by the Tribunal); issue of quantum left open to be agitated in an appropriate proceeding. ¶53

Patiram Gupta Vs United India Insurance Company… — Motor Accident Claims | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

¶53

Issue for consideration

Whether the compensation of Rs.1,00,000/- with 6% per annum interest awarded by the Claims Tribunal was inadequate and liable to be enhanced. +1 more

¶45

Court's answer

The quantum of compensation awarded by the Tribunal does not warrant interference at this stage; the issue of quantum is left open to be agitated in an appropriate proceeding in accordance with the principles laid down in Ramkhiladi and another vs. United India Insurance Company and another, (2020) 2 SCC 550.

¶50

Ratio / Principle

Both appeals are disposed of with the observation that the claimants are entitled to get compensation only to the extent of ₹1,00,000/-; no enhancement of further compensation is warranted.

¶53

Detailed headnote1 paragraphs

Motor accident claim appeals (MAC No. 1355 of 2018 and MAC No. 1602 of 2017, clubbed and decided by common order) by claimants against the common award dated 04.09.2017 of the Additional Motor Accident Claims Tribunal, Pratappur, District Surajpur (Claim Case No. 54/2015), whereby compensation of Rs.1,00,000/- with interest @ 6% per annum from the date of application was granted for the death of Pintu Gupta alias Pratosh Gupta, who sustained grievous injuries when the motorcycle he was riding was struck by a TVS motorcycle allegedly driven at high speed in a negligent and careless manner by Irshad Ansari; FIR lodged under Sections 279 and 337 IPC. HELD: On careful perusal of the impugned judgment, the quantum of compensation awarded by the Tribunal does not warrant interference at this stage; the issue of quantum is left open to be agitated in an appropriate proceeding in accordance with the principles laid down in Ramkhiladi and another vs. United India Insurance Company and another, (2020) 2 SCC 550. Appeals disposed of with the observation that the claimants are entitled to get compensation only to the extent of ₹1,00,000/-; no enhancement of further compensation is warranted.

¶1

¶2

Digitally ABHIGYA signed by SAXENA ABHIGYA SAXENA

¶3

2025:CGHC:32110

¶4

NAFR

¶5

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶6

MAC No. 1355 of 2018

¶7

1 - Shila Gupta W/o Late Pratosh Gupta Aged About 30 Years R/o C/o Laxmi Prasad Gupta, Village Dhondha, Post Revti, Tahsil Pratappur District Surajpur (Chhattisgarh)...........Appellant/non-Claimant No. 5, District : Surajpur, Chhattisgarh

¶8

2 - Ananya Gupta Aged About 1 Years (Minor) Through The Natural Guardian Mother Namely Shila Gupta, R/o C/o Laxmi Prasad Gupta, Village Dhondha, Post Revti, Tahsil Pratappur District Surajpur (Chhattisgarh)...........Appellant/non-Claimant No. 6, District : Surajpur, Chhattisgarh

¶9

--- Appellant(s)

¶10

versus

¶11

1 - United India Insurance Co. Limited Through Its Branchy Manager, Branch Officer Ambikapur, Bramha Road, Near Hotel Kumkum, District Surguja (Chhattisgarh) (Insurer Of Offending Vehicle)..........Respondent/non-Applicant, District : Surguja (Ambikapur), Chhattisgarh

¶12

2 - Irshad Ansari, S/o Jalil Ansari, Aged About 20 Years R/o Village Badwar, P.S. Ramkola, District Surajpur (Chhattisgarh) (Driver Of Offending Vehicle)..........Respondent/non-Applicant, District : Surajpur, Chhattisgarh

¶13

3 - Mahesh Ram, S/o Manraj, Aged About 25 Years R/o Village Narola,

¶14

¶15

Tahsil Pratappur, District Surajpur (Chhattisgarh) (Legal Heirs Of Deceased.)..........Respondent/non-Applicant, District : Surajpur, Chhattisgarh

¶16

4 - Bhavesh Ram, S/o Manraj, Aged About 23 Years R/o Village Narola, Tahsil Pratappur, District Surajpur (Chhattisgarh) (Legal Heirs Of Deceased.)..........Respondent/non-Applicant, District : Surajpur, Chhattisgarh

¶17

5 - Patiram Gupta, S/o Triveni Sao, Aged About 47 Years R/o Village Govindpur, Tahsil Pratappur, District Surajpur (Chhattisgarh)..........Claimant, District : Surajpur, Chhattisgarh

¶18

6 - Lilawati, W/o Patiram, Aged About 45 Years R/o Village Govindpur, Tahsil Pratappur, District Surajpur (Chhattisgarh)..........Claimant, District : Surajpur, Chhattisgarh

¶19

--- Respondent(s)

¶20

MAC No. 1602 of 2017

¶21

1 - Patiram Gupta S/o Triveni Sao, Aged About 47 Years R/o Village Govindpur, Tehsil Pratappur, District Surajpur, Chhattisgarh., Chhattisgarh

¶22

2 - Lilawati, W/o Patiram, Aged About 45 Years R/o Village Govindpur, Tehsil Pratappur, District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh

¶23

---Appellant(s)

¶24

Versus

¶25

1 - United India Insurance Company Limited Through Its Branch Manager, Branch Officer Ambikapur, Bramha Road, Near Hotel

¶26

¶27

Kumkum, District Surguja, Chhattisgarh. Insurer Of Offending Vehicle, Chhattisgarh

¶28

2 - Irshad Ansari, S/o Jalil Ansari, Aged About 20 Years R/o Village Badwar, Police Station Ramkola, District Surajpur, Chhattisgarh. Driver Of Offending Vehicle, District : Surajpur, Chhattisgarh

¶29

3 - Mahesh Ram, S/o Manraj, Aged About 25 Years R/o Village Narola, Tahsil Pratappur, District Surajpur, Chhattisgarh. Legal Heirs Of Vehicle Owner ., District : Surajpur, Chhattisgarh

¶30

4 - Bhavesh Ram, S/o Manraj, Aged About 23 Years R/o Village Narola, Tahsil Pratappur, District Surajpur, Chhattisgarh. Legal Heirs Of Vehicle Owner ., District : Surajpur, Chhattisgarh

¶31

5 - Shila Gupta, D/o Laxmi Gupta, Aged About 30 Years R/o Village Dhondha, Tahsil Pratappur, Present Resident Of Jhumar Para, Tahsil Bhaiyathan, Police Station Bhatgaon, District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh

¶32

6 - Ananya Gupta, D/o Pratosh Gupta, Aged About 1 Year And 06 Months Minor Through The Natural Guardian Mother Namely Shila Gupta, Respondent No. 5, R/o Village Dhondha, Tahsil Pratappur, Present Resident Of Jhumar Para, Tahsil Bhaiyathan, Police Station Bhatgaon, District Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh

¶33

--- Respondent(s)

¶34

For Appellants/claimants : Mr. Ashwani Shukla and Mr. V. K. Pandey, Advocates For Respective Respondents : Ms. Prerana Agrawal, Advocate on behalf of Mr. Sudhir Agrawal, Advocate , Mr. Rahul Mishra, Advocate,

¶35

¶36

Mr. Bishnu Muni, Advocate, Mr. Krishna Kant Prajapati, Advocate on behalf of Mr. D. N. Prajapati, Advocate

¶37

Hon’ble Shri Justice Amitendra Kishore Prasad

¶38

Order on Board

¶39

10.07.2025

¶40

Since the appeals arise out of the same impugned order, they are hereby clubbed together, heard together and are being decided by this common order.

¶41

This is an appeal by the appellants/claimants against the award dated 04.09.2017 passed by the Additional Motor Accident Claims Tribunal, Pratappur District Surajpur, Chhattisgarh in Claim Case No.54/2015, whereby the Claims Tribunal has granted compensation of Rs.1,00,000/- in favour of the claimants with interest @ 6% per annum from the date of application.

¶42

The brief facts of the case are that On 31.08.2013, Pintu Gupta, also known as Pratosh Gupta, was riding his Pulsar motorcycle bearing registration number CG 15 CW 3119, carrying another person on the rear seat, traveling from village Govindpur towards village Badwar. While proceeding towards Bonga River bridge, the Irsad Ansari (Driver), driving a TVS motorcycle bearing registration number CG 15 D 7674, was riding the vehicle at a high speed and in a negligent and careless manner. Irsad Ansari’s reckless driving caused him to collide with Pintu Gupta’s

¶43

¶44

motorcycle, resulting in a serious accident. As a consequence, Pintu Gupta sustained grievous injuries and succumbed to his injuries during treatment on 02.09.2015. A First Information Report (FIR) regarding the incident was lodged by Patiram Gupta against Irsad Ansari, the driver of the TVS motorcycle CG 15 D 7674, at Police Station Ramkola under Sections 279 and 337 of the Indian Penal Code (IPC). Hence these appeals.

¶45

Learned counsel for the appellants/claimants respectfully submits that the learned Tribunal has not adequately granted the compensation payable in the present case. It is further submitted that although the deceased was present at the time of the accident, the accident occurred solely due to the rash and negligent driving of the motorcycle by Respondent No. 2, the driver of the offending vehicle, as is evident from the First Information Report (F.I.R.) and other evidence on record. Therefore, the impugned award is liable to be enhanced.

¶46

The counsel for the Respondent/Insurance Company submits that the Insurance Company in the instant case has not received any premium covering the risk of the owner. Therefore, in the absence of receipt of such premium, the Claims Tribunal erred in fastened the liability upon the present appellant. Liability of the Insurance Company can only be fastened insofar as the policy has been issued and the premium for covering the owner’s risk has been received. The learned counsel refers to the insurance

¶47

¶48

policy produced before the Tribunal and the evidence adduced by the Insurance Company’s officer to substantiate this submission. However, a perusal of the record reveals that the policy in question is a package policy, which is not disputed by either party. The policy clearly mentions the limits of liability, covering death or bodily injury arising out of any one accident, as prescribed under the Motor Vehicles Act. Furthermore, the Tribunal has taken into account the fact that the deceased was himself the owner and driver of the motorcycle involved in the accident, and the compensation awarded is a modest amount of 1,00,000/- only.₹ Therefore, the appeals filed by the claimants are sans of merits and liable to be dismissed.

¶49

I have heard the learned counsel for the parties at length and carefully perused the material available on record, including, in particular, the impugned judgment passed by the learned Claims Tribunal.

¶50

Upon careful perusal of the impugned judgment, this Court finds that the quantum of compensation awarded by the Tribunal does not warrant interference at this stage. The issue of quantum is left open to be agitated in an appropriate proceeding, in accordance with the principles laid down in Ramkhiladi and another vs. United India Insurance Company and another,1 . Accordingly, no interference is called for by this Court on this aspect.

¶51

1 (2020) 2 SCC 550

¶52

¶53

In view of the foregoing, the appeals are hereby disposed of with the observation that the claimants are entitled to get compensation only to the extent of ₹1,00,000/- . No enhancement of further compensation is warranted.

¶54

Certified Copy as per rules.

¶55

Sd/-

¶56

( Amitendra Kishore Prasad ) JUDGE

¶57

Gopal Singh/Saxena

Patiram Gupta v. United India Insurance Company Limited

Case brief

What is this about?

What did the court decide?

Patiram Gupta v. United India Insurance Company Limited

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Smt. Nootan Chouhan Vs Arshad Ali Khan

Bharti Axa General Insurance Company Limited Vs Jagdish @ Bhurva

Ram Ratan Banjare Vs Jainuram Sori

Smt. Uttara Bai Vs Smt. Mala Kaushik

Chhanulal Dhivar Vs Ramprasad Barmate

Heera Vs Pravesh Choudhary