Smt. Reema Devi Vs Pawan Kumar Gupta

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Page No.1 of 5 IN MAC-162-2023

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Digitally SAIFAN signed by KHAN SAIFAN KHAN

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2025:CGHC:58687

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 162 of 2023

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[Arising out of award dt. 16.11.2022, passed in Claim Case No.35/2021 (Smt. Reema Devi and others v. Pawan Kumar Gupta and another) by the Motor Accident Claims Tribunal, Balrampur at Ramanujganj (CG)]

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1 - Smt. Reema Devi W/o Late Ramesh Prasad Gupta Aged About 43 Years R/o Village Godarmana, Police Station Ranka, District Gadhwa (Jharkhand)

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2 - Ku. Sushma Gupta D/o Late Ramesh Prasad Gupta Aged About 22 Years R/o Village Godarmana, Police Station Ranka, District Gadhwa (Jharkhand)

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3 - Vinay Gupta S/o Late Ramesh Prasad Gupta Aged About 15 Years Minor, Represented Through Mother And Legal Guardian Smt. Reema Devi, R/o Village Godarmana, Police Station Ranka, District Gadhwa (Jharkhand)

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4 - Ku. Juhi D/o Late Ramesh Prasad Gupta Aged About 13 Years Minor, Represented Through Mother And Legal Guardian Smt. Reema Devi, R/o Village Godarmana, Police Station Ranka, District Gadhwa (Jharkhand)

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5 - Anuj Kumar Gupta S/o Late Ramesh Prasad Gupta, Aged About 9 Years Minor, Represented Through Mother And Legal Guardian Smt. Reema Devi, R/o Village Godarmana, Police Station Ranka, District Gadhwa (Jharkhand)

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6 - Smt. Teri Devi W/o Late Dukhi Sao, Aged About 62 Years R/o Village Godarmana, Police Station Ranka, District Gadhwa (Jharkhand)

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... Appellants

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Versus

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Page No.2 of 5 IN MAC-162-2023

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1 - Pawan Kumar Gupta S/o Umashankar Gupta Aged About 47 Years R/o Baniyapara, Ramanujganj, Police Station Ramanujganj, District Balrampur Ramanujganj Chhattisgarh.

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2 - United India Insurance Company Limited, Bramha Road, Near Kumum Hotel, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh

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... Respondents [Cause-title taken from Case Information System (CIS)] -----------------------------------------------------------------------------------------For Appellants : Ms. Seema Verma, Advocate For Respondent No.1 : Ms. Ananya Chatterji, Advocate For Respondent No.2 : Mr. Dashrath Gupta, Advocate ------------------------------------------------------------------------------------------

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Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal

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(Judgment on Board)

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03.12.2025

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The appellants/claimants are dependents of deceased- Ramesh Prasad Gupta, who died in motor accident occurred on 22.04.2021 while driving the offending vehicle i.e. Pick-up bearing No.CG-15AC-2631, which was owned by the respondent No.01 and insured by the respondent No.02, had preferred application under Section 163-A of the Motor Vehicles Act, 1988 (for brevity “Act of 1988”) before the Motor Accident Claims Tribunal, Balrampur at Ramanujganj, Chhattisgarh (for brevity “Claims Tribunal”) claiming compensation to the extent of 31,63,000/- along with interest, against respondents₹ herein. However, the Claims Tribunal after appreciating the oral and documentary evidence available on record, awarded compensation of 3,82,000/- along with 9% interest from the date of₹ registration of the claim, against which the instant appeal has been

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Page No.3 of 5 IN MAC-162-2023

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preferred by the claimants seeing enhancement of the said amount.

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Learned counsel for the appellants would make sole submission that in view of Notification dated 22^nd May, 2018, issued by the Government of India (Ministry of Road Transport and Highways) in death cases as per Second Schedule to Section 163-A of the Act of 1988, the family of the deceased would be entitled for total compensation of 5,00,000/-, which would also apply to the accident₹ occurred prior to the issuance of the said notification in light of decision of the Supreme Court in the matter of New India Assurance

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Co. Ltd. v. Urmila Halder1 , however, in the instant case the accident occurred on 22.04.2021. As such, the appellants/claimants are entitled for compensation on account of death of deceased- Ramesh Prasad Gupta to the tune of 5,00,000/- alongwith interest. Hence,₹ the appeal be allowed.

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On the other hand, learned counsel appearing for the respondents would oppose the prayer made by learned counsel for the appellants and support the impugned award and also prays for dismissal of this appeal.

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4 . I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records precisely.

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In order to consider the plea raised at the bar it would be 1 2024 SCC OnLine SC 4983

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Page No.4 of 5 IN MAC-162-2023

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appropriate to notice Notification dated 22^nd May of 2018, which provides as under:-

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SCHEDULE FOR COMPENSATION FOR THIRD PARTY FATAL ACCIDENT/INJURY CASES CLAIMS

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1. (a) Fatal Accidents :-

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Compensation payable in case of Death shall be five lakh rupees.

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True it is that in the instant case, the accident of deceased Ramesh Prasad Gupta occurred on 22.04.2021 while driving the offending vehicle i.e. Pick-up bearing No.CG-15-AC-2631, which was owned by the respondent No.01 and insured by the respondent No.02, due to which, the deceased suffered grievous injuries and died. Thereafter, the appellants herein, who are dependents of the deceased, filed claim application under Section 163-A of the Act of 1988 before the Claims Tribunal, wherein compensation to the tune of 3,82,000/- along with 9% interest from the date of registration of₹ the claim has only been awarded. Therefore, notification dated 22^nd May, 2018 would be applicable in the present case.

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Consequently, in view of Notification dated 22^nd May, 2018, the amount of compensation of Rs.3,82,000 /- awarded by the Claims Tribunal is enhanced to Rs.5,00,000/-. Hence, after deducting the amount of Rs.3,82,000/-, the appellants are held entitled for an

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Page No.5 of 5 IN MAC-162-2023

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additional amount of Rs.1,18,000/- . The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 60 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of registration of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact.

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Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above.

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s@if

Smt. Reema Devi v. Pawan Kumar Gupta

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Smt. Reema Devi v. Pawan Kumar Gupta

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