Citation : 2025 Latest Caselaw 4095 Chatt
Judgement Date : 29 August, 2025
1/2
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 110 of 2024
SHRIRAM GENERAL INSURANCE COMPANY LIMITED versus
SMT. BHAG BAI DAHARIYA
Order Sheet
Digitally signed
by
HIFZURRAHMAN HIFZURRAHMAN
29/08/2025 Ms. Harneet Kaur Khanuja on behalf of Mr. Sourabh Sharma,
ANSARI ANSARI
Date: 2025.08.29
17:31:19 +0530
learned counsel for the appellant/s.
None for the respondent/s despite service of notice.
Heard on I. A. No. 1 application for condonation of delay in
filing the appeal.
On due consideration and for the reasons stated in the
application, the same is allowed and delay of 259 days in filing the
appeal is hereby condoned.
Heard on admission.
Admit.
Issue notice to the respondent/s on payment of PF within 7
working days by ordinary and speed post, failing which the appeal
shall stand dismissed without further reference to the Bench.
Also heard on I. A. No. 2 application for grant of stay.
Learned counsel for the appellant submits that the deceased
was a bachelor and, in light of the judgment of the Hon'ble Supreme
Court in Sarla Verma & Ors. vs. Delhi Transport Corporation &
Ors., (2009) 6 SCC 121, the learned Tribunal erred in deducting
one-third towards personal expenses of the deceased instead of one-
half, as required. Consequently, an excessive amount of
compensation has been awarded.
Taking into consideration the submissions made hereinabove,
it is directed that upon the appellant/insurance company depositing a
sum of Rs. 15,00,000/- out of the awarded amount within a period of
45 days, the recovery of the remaining balance shall remain stayed
till the next date of hearing.
In the meanwhile, call for the records of claims tribunal.
List after service report is received.
Sd/-
(Sachin Singh Rajput) Judge
H.Ansari
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