Ombati Kurum Vs Mohammad Yusuf — Motor Accident Claims | Chhattisgarh HC (2025)

Ombati Kurum Vs Mohammad Yusuf — Motor Accident Claims | Chhattisgarh HC (2025)

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(MAC No.561/2023)

2025:CGHC:58909

Digitally 2025:CGHC:58909 signed by SISTA NAFR SISTA SOMAYAJULU SOMAYAJULU Date: 2025.12.05 18:34:14 HIGH COURT OF CHHATTISGARH AT BILASPUR +0530

MAC No. 561 of 2023

{Arising out of award dated 21-10-2022 passed by the 1^st Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.264/2020}

Ombati Kurum, W/o Jeevdhari, aged about 50 years;

Jeevdhari, S/o Kabir Singh, aged about 55 years; Both R/o Village Sarma, Post Korbi, Police Station Pasan, District Korba (C.G.)

(Applicants)

... Appellants

versus

Mohammad Yusuf, S/o Mohammad Anwar, aged about 36 years, R/o Village Bhardanda, Ward No.37, Mahamaya Mandir Road, Ambikapur, Police Station Kotwali, District Surguja (C.G.) (Driver of the Vehicle)

Ankur Bansal, S/o Rajkumar Bansal, aged about 32 years, R/o Village Ward No.13, Beldari Road, Juna Lakhanpur, Police Station Lakhanpur, Ambikapur, District Surguja (C.G.) (Owner of the Vehicle)

Branch Manager, United Insurance Company Limited, Through Branch Office – 2^nd Floor, Gurukripa Tower, In side of I.C.I.C.I. Vyapar Vihar, Bilaspur, District Bilaspur (C.G.) (Insurer of the Vehicle)

(Non-applicants) ... Respondents

For Appellants : Mr. Anand Kesharwani, Advocate. For Respondents No.1 & 2 : Ms. Shrishti Shree Attal, Advocate on behalf of Mr. Nitesh Shrivas, Advocate. For Respondent No.3 : Mr. Dashrath Gupta, Advocate.

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

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(MAC No.561/2023)

Judgment on Board

04/12/2025

This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 21-10-2022 passed by the 1^st Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.264/2020, whereby the learned Claims Tribunal has awarded a total sum of ₹ 14,49,632/- as compensation for the death of Sukhsen, aged about 20 years at the time of incident. The appellants herein/claimants are mother and father, respectively, of deceased Sukhsen.

Mr. Anand Kesharwani, learned counsel appearing on behalf of the appellants herein/claimants, would submit that just and proper compensation has not been awarded by the Claims Tribunal and the Claims Tribunal has taken monthly income of the deceased as ₹ 8,860/-, whereas it ought to have been taken as ₹ 10,000/- which has been pleaded.

Ms. Shrishti Shree Attal, learned counsel appearing on behalf of respondents No.1 & 2 herein/driver & owner of the vehicle, respectively, and Mr. Dashrath Gupta, learned counsel appearing on behalf of respondent No.3 herein/Insurance Company, would support the impugned award and oppose the appeal.

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(MAC No.561/2023)

I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection.

The Claims Tribunal after having noticed the notification i.e. Schedule-B, Zone-C issued by the Labour Commissioner, Raipur, has taken the monthly income of the deceased to be ₹ 8,860/-, which is strictly in accordance with law. I do not find any good ground to enhance the compensation awarded by the Claims Tribunal. The appeal deserves to be and is accordingly dismissed. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge

Soma