Dismissed¶¶31

National Insurance Company v. Smt. Jasbir Kour

Chhattisgarh HC20 Jul 2025MAC/26/2022

Case brief

AI extract

What is this about?

Motor accident fatal claim; Section 173 Motor Vehicles Act 1988 appeal by National Insurance Company Ltd dismissed; multiplier 14 for age 45 upheld on basis of Ex. P/5 and PW-1 statement; monthly income Rs. 20,000 with 30% future prospects upheld against plea for Rs. 18,000 and 25%; award Rs. 34,66,000 sustained; 1st Additional MACT Raipur, Claim Case No. 340/2018; deceased Kuldeep Singh, fitter, Siltara; claimants respondents 1-4; driver and owner respondents 5-6; no costs.

What did the court decide?

None to the appellant; the Tribunal's award of Rs. 34,66,000/- in favour of respondents No. 1 to 4 stands undisturbed; no costs ordered. ¶¶31

National Insurance Company Vs Smt. Jasbir Kour — Motor Accident Claims | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

None to the appellant; the Tribunal's award of Rs. 34,66,000/- in favour of respondents No. 1 to 4 stands undisturbed; no costs ordered.

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Issue for consideration

Whether the Claims Tribunal erred in applying the multiplier of 14 by taking the age of the deceased Kuldeep Singh as 45 years at the time of death. +1 more

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Court's answer

On a careful perusal of Ex. P/5 (register of information regarding untimely and accidental death) and the statement of respondent No. 1 Jasbeer Kaur (PW-1), the age of the deceased Kuldeep Singh at the time of death was 45 years; therefore, the multiplier of 14 was rightly applied by the learned Claims Tribunal.

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Ratio / Principle

After taking the monthly income of the deceased as Rs. 20,000/-, granting future prospects to the extent of 30%, applying the multiplier of 14 and making certain calculations, the Claims Tribunal's award of Rs. 34,66,000/- in favour of respondents No. 1 to 4/claimants is strictly in accordance with law and does not warrant any interference by this Court.

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Key takeaways

The Court found no merit in the appeal; accordingly, the appeal was dismissed without costs.ratio¶¶30

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur (Sanjay K. Agrawal, J., single Bench), MAC No. 26 of 2022, decided 21.07.2025 — Insurer's appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 26/10/2021 of the 1st Additional Motor Accidents Claims Tribunal, Raipur in Claim Case No. 340/2018 (compensation of Rs. 34,66,000/- to the widow and family of Kuldeep Singh, aged 45, a Fitter) dismissed. Relying on Ex. P/5 (register of information regarding untimely and accidental death) and the statement of respondent No. 1 Jasbeer Kaur (PW-1), the Court held the deceased's age to be 45 years and the multiplier of 14 rightly applied; with monthly income of Rs. 20,000/- and 30% future prospects, the award was 'strictly in accordance with law' and warranted no interference. Appeal dismissed with no costs.

2025:CGHC:34663

NAFR

HARNEET KAUR

Digitally signed by HARNEET KAUR Date: 2025.07.24 10:54:16 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 26 of 2022

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National Insurance Company Limited By Divisional Manager National Insurance Company Limited G.E. Road Raipur, District Raipur, (C.G.) Through - Authorized Signatory National Insurance Company Limited Legal Cell Tp Hub National Insurance Company Limited Divisional Office Bilaspur Chhattisgarh (Insurer).

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… Appellant

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versus

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1 - Smt. Jasbir Kour Wd/o Kuldeep Singh Aged About 40 Years R/o House No. 344 Lane No. 8 Sector - 22/c Govindgarh (R) Mandi, Govindgarh District Fatehgarh Saheb (Punjab).

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2 - Amrit Pal S/o Late Kuldeep Singh Aged About 23 Years R/o House No. 344 Lane No. 8 Sector - 22/c Govindgarh (R) Mandi, Govindgarh District Fatehgarh Saheb (Punjab)

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3 - Vipin S/o Late Kuldeep Singh Aged About 20 Years R/o House No. 344 Lane No. 8 Sector - 22/c Govindgarh (R) Mandi, Govindgarh District Fatehgarh Saheb (Punjab)

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4 - Nachhattar Singh S/o Late Bacchan Singh Aged About 63 Years R/o House No. 344 Lane No. 8 Sector - 22/c Govindgarh (R) Mandi, Govindgarh District Fatehgarh Saheb (Punjab)

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5 - Rameshwar S/o Suklal Nishad R/o Patharidih Ward No.4 Police Station Urla District Raipur Chhattisgarh (Driver)

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6 - Ravinder Pal Singh S/o Late Harpal Singh Shop No. 35 Parking - 4 Block No. 11 Transport Nagar Ranvabhata Police Station Khamtarai District Raipur Chhattisgarh (Owner)

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... Respondents

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For Appellant : Mr. B.N. Nande, Advocate For Respondents 1 - 4 : Mr. Rakesh Thakur, Advocate

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SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board

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21.07.2025

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1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant challenging the impugned award dated 26/10/2021 passed by Learned 1^st Additional Motor Accidents Claims Tribunal Raipur in Claim Case No. 340/2018, whereby learned Claims Tribunal has awarded a total sum of Rs. 34,66,000/- as compensation in favour of respondents No. 1 to 4 (claimants) for the death of Kuldeep

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Singh, aged about 45 years, who worked as a Fitter at a Factory in Siltara.

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2. Learned counsel for the appellant would submit that the Claims Tribunal has erred in applying the multiplier of 14 taking the age of deceased Kuldeep Singh to be 45 years. He would further submit that the monthly income of the deceased ought to have been taken as Rs. 18,000/- by the Tribunal and further future prospect ought to have been granted to the extent of 25 %, therefore, the instant appeal be allowed and the impugned award be reduced.

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3. Learned counsel for the respondents No. 1 to 4 would support the impugned award and submit that the instant appeal is liable to be dismissed.

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

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5. A careful perusal of Ex. P/5, which is a copy of register of information regarding untimely and accidental death as well as the statement of respondent No. 1 Jasbeer Kaur (PW-1) would show that the age of deceased Kuldeep Singh at the time of death was 45 years, therefore, multiplier of 14 has rightly been applied by learned Claims Tribunal. Moreover, after taking the monthly income of the deceased to be Rs. 20,000/- and granting future prospect to the extent of 30 % and applying the multiplier of 14 and

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further making certain calculations, learned Claims Tribunal has granted the award of Rs. 34,66,000/- as compensation in favour of respondents No. 1 to 4/claimants which in my considered opinion is strictly in accordance with law and does not warrant any interference by this Court. As such, I do not find any merit in this appeal

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6. Accordingly, the instant appeal is liable to be and is hereby dismissed. No cost(s).

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Sd/- (Sanjay K. Agrawal) Judge

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Harneet

National Insurance Company v. Smt. Jasbir Kour

Case brief

What is this about?

What did the court decide?

National Insurance Company v. Smt. Jasbir Kour

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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