Branch Manager v. Jitu Sahu
Case brief
What is this about?
Chhattisgarh High Court, Bilaspur; MAC No. 1450 of 2019; decided 15.04.2026 (Single Bench, Sanjay K. Agrawal J.). HDFC Ergo General Insurance Co. Ltd. (appellant/insurer of tractor CG-04-L-3161) v. Jitu Sahu (minor claimant), Premlal Jangde (driver) and Pratap Singh (owner). Gratuitous-passenger defence based on Praveen Seejaria (NAW-1) rejected on the testimony of eye-witness Anand Lahri (AW-2) that the deceased was a pedestrian struck by the offending vehicle; insurer held liable; appeal dismissed. Claimant's cross-objection partly allowed: Rs. 1,00,000/- enhancement (Rs. 25,000/- attendant + Rs. 75,000/- future medical) with 7.5% per annum interest from filing of claim application till realization, deposit within 45 days; award modified accordingly.
What did the court decide?
Appeal of the insurance company dismissed; cross-objection of claimant/respondent No.1 partly allowed with additional compensation of Rs. 1,00,000/- (Rs. 25,000/- attendant + Rs. 75,000/- future medical expenses) carrying interest @ 7.5% per annum from the date of filing of the claim application till realization, to be deposited within 45 days; impugned award modified to that extent, rest of its conditions remaining intact.