Virendra Kumar Yunus v. Jeewan Lal Yadav

NAFR HIGH COURT of CHHATTISGARH, BILASPUR MAC No. 1420 of 2016

1. Virendra Kumar Yunus S/o Shri Kamal Kishore Yunus, Aged About 46 Years

2. Smt. Mini Virendra Yunus W/o Shri Virendra Yunus, Aged About 40 Years;

Both are R/o Madar Teresa Nagar, Sorid Bhat, Baster Road Dhamtari, Thana & Tahsil Dhamtari, Civil & Revenue District Dhamtari, Chhattisgarh.

---- Appellants

Versus

1. Jeewan Lal Yadav S/o Shri Premlal Yadav, Aged About 24 Years R/o Village- Dhaneli, Thana Khamtarai, Tahsil Raipur, Civil & Revenue Distt. Raipur, Chhattisgarh.

2. Smt. Gagan Preet Kaur W/o Shri Prabhojot Singh, R/o Baster Bada, Jail Road Raipur, Civil & Revenue District Raipur, Chhattisgarh

3. Divisional Manager, New India Insurance Company Limited, Office Mobile Mahal, Jail Road Raipur, Tahsil & District Raipur, Chhattisgarh.

---- Respondents For appellants :

Shri Sumit Shrivastava, Advocate.

For respondent No.3 :

Shri Quamrul Aziz, Advocate.

SB: Hon'ble Shri Justice P. Sam Koshy Judgment On Board 13.12.2017

1. This appeal under Section 173 of the Motor Vehicles Act has been preferred against the award dated 13.05.2016 passed by the 7th Additional Motor Accident Claims Tribunal, Raipur, in Claim Case No.383/2014. Vide the said impugned award, the Tribunal has awarded a compensation of Rs.9,71,375/- along with interest @ 6 percent per annum from the date of application.

2. Learned counsel for the appellants submits that the multiplier applied in the instant case is on lower side and the same deserves to be

altered and the amount of compensation be enhanced suitably.

3. On the other hand counsel for the insurance company opposes the appeal and submits that on perusal of overall findings of the Tribunal the appeal deserves to be rejected as there is no merit in the case. The claimants in the instant case have been awarded compensation on the higher side.

4. Given the factual matrix of the case particularly accepting the fact that the deceased in the instant case was a student on the date of accident as is reflected in the contents of the claim application itself, this court is of the opinion that the assessment made by the Tribunal in the impugned award does not seem to be on the lower side under any circumstances.

5.

Accordingly, the appeal being devoid of merit deserves to be and is hereby dismissed.

Sd/- (P. Sam Koshy) Judge inder