Tejram Sahu vs Jamale Warish
2025 Latest Caselaw 4318 Chatt

Citation : 2025 Latest Caselaw 4318 Chatt
Judgement Date : 9 September, 2025

Chattisgarh High Court

Tejram Sahu vs Jamale Warish on 9 September, 2025

                                               1




                                                                  2025:CGHC:46012


                                                                                  NAFR

           HIGH COURT OF CHHATTISGARH AT BILASPUR

                              MAC No. 1482 of 2019



1 - Tejram Sahu S/o Nanki Sahu Aged About 50 Years R/o Village Chhapora Tahsil
Malkharouda, District- Janjgir-Champa, Chhattisgarh
                                                                            ... Appellant(s)


                                             versus


1 - Jamale Warish S/o Rajab Ali R/o 3/55 Telikot Road Pathan Para Kharsiya, Police
Station And Tahsil Kharsiya, District - Raigarh, Chhattisgarh......(Owner)


2 - Vijay Kumar Gupta S/o Madho Gupta Aged About 28 Years R/o Mangal Bazar,
Civil    Line    Kharsiya,        District         -   Raigarh,     Chhattisgarh.....(Driver)


3 - Manager The New India Assurance Company Limited, Branch Office Transport
Nagar      Korba,      District        -           Korba,     Chhattisgarh...      (Insurer)


4 - Shyamlal S/o Deendayal Sahu Aged About 35 Years R/o Village Chhapora, Police
Station And Tahsil Malkharouda, District Janjgir-Champa, Chhattisgarh.....
(Applicants),


5 - Deendayal S/o Chhabilal Sahu Aged About 70 Years R/o Village Chhapora, Police
Station And Tahsil Malkharouda, District Janjgir-Champa, Chhattisgarh.....
(Applicants)
                                                                         ... Respondent(s)

For Appellant (s) : Shri Lokeshwar Singh Chandra, Advocate For Respondent No.3 : Shri Deepak Gupta, Advocate For Respondents 4 and 5 : Shri Ishwar Chandra, Advocate on behalf of Shri Jaiswal, Advocate

({Hon'ble Shri Justice Sachin Singh Rajput})

Order on Board

09/09/2025

1. Challenge in this appeal is to the award dated 16/04/2019 passed in claim case No.69/2015 by the Second Additional Motor Accident Claims Tribunal, District-Janjgir - Champa, CG. By the impugned award, learned Claims Tribunal awarded compensation of Rs.5 lakhs on account of death of deceased-Resham Lal aged about 8 years in an accident that occurred on 11/05/2014 by rash and negligent driving of the offending vehicle (Duster) bearing registration No.CG 13 UB-2003 by respondent No.2, owned by respondent No.1 and insured with respondent No.3.

2. The deceased in this case is an 8 years old child who was residing with respondents 4 and 5, maternal grand uncle and maternal grand mother. The appellant is the father of the deceased child. Learned Tribunal awarded compensation of Rs.5 lakhs and held that 50% of the compensation shall be given to the appellant and 50% compensation shall be paid to respondents 4 and 5. Challenging the apportionment and for enhancement of the compensation, this appeal has been filed.

3. Learned counsel for the appellant submits that the amount of compensation awarded is on the lower side which requires suitable enhancement. Apart from this he submits that the appellant being father of the deceased child is entitled to receive the entire compensation. Therefore, the appeal may be allowed and suitable enhancement / modification in the award may be made.

4. Opposing the above submission, counsel for respondents 4 and 5 submits that mother of the deceased suffered paralysis after marriage and thereafter, she was left by her husband/appellant and since then with the child she was residing with her parents /respondents 4 and 5. It has come on record on the admission of the appellant that he has married again and living separately and the child never

lived with the appellant. Even then, learned Tribunal has apportioned 50% compensation in favour of the appellant.

5. Shri Deepak Gupta, learned counsel for the insurance company submits that the insurance company has satisfied the award and in the light of the judgment of the Supreme Court in the case of Kishan Gopal and anr. v. Lala and ors., (2014) 1 SCC 244, the amount of compensation is just and does not require any interference by this Court. Apart from this, he submits that the dispute with regard to apportionment of the compensation is between the appellant and respondent No.4 and 5.

6. Heard learned counsel for the parties and perused the records.

7. The compensation so awarded by the learned Claims Tribunal does not appear to be meager in the light of the judgment of the Supreme Court in the case of Kishan Gopal (supra) and Kurvan Ansari @ Kurvan Ali and anr. v. Shyam Kishore Murmu and anr., (2022) 1 SCC 317. Therefore, this Court does not find any scope of enhancement in this appeal. Therefore, the contention of learned counsel for the appellant in this regard is rejected. So far as contention with regard to payment of entire compensation to the appellant is concerned, the deceased child was residing with respondents 4 and 5. The mother of the deceased also passed away and she was also residing with her parents / respondents 4 and 5. Learned Tribunal in paragraph 41 held that after three years of marriage, the mother of the deceased suffered Paralysis, thereafter she was residing at her maternal home and she was under care of respondents 4 and 5. The birth of the deceased also took place in the house of respondents 4 and 5. Considering this aspect of the matter, the apportionment to the tune of 50% in favour of the appellant and respondents 4 and 5 was made. The finding so recorded by the learned Claims Tribunal, in the opinion of this Court, does not appear to be perverse or contrary to the evidence. Therefore, this contention is also dismissed. The appeal fails and is dismissed.

Sd/-

({Sachin Singh Rajput}) JUDGE

Deepti

Digitally signed by DEEPTI DEEPTI HARIKUMAR HARIKUMAR Date: