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2025:CGHC:34663
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 26 of 2022
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).
… Appellant versus
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).
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)
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)
5 - Rameshwar S/o Suklal Nishad R/o Patharidih Ward No.4 Police Station Urla District Raipur Chhattisgarh (Driver)
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)
... Respondents
For Appellant : Mr. B.N. Nande, Advocate For Respondents 1 - 4 : Mr. Rakesh Thakur, Advocate
SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board
21.07 .2025
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 1stAdditional 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.
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.
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.
4. I have heard learned counsel for the parties, considered their submissions and perused the record.
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
6. Accordingly, the instant appeal is liable to be and is hereby dismissed. No cost(s).
Sd/-
(Sanjay K. Agrawal) Judge
Harneet