Authority: High Court of Chhattisgarh at Bilaspur (Single Bench)
Order Date: 08 July 2026
Case Overview
- Appellants: Chinilal Gota, his wife Fuleshwari (Ritu) and minor daughter Ku. Sandhaya, claiming compensation for death of their son Shaheed Kumar Gota, aged 15, in a road accident on 02.03.2017.
- Respondents: Rajendra Kumar, Bhaduram and The New India Insurance Company Ltd (through its Durg branch).
- The appeal was filed under Section 173(2) of the Motor Vehicle Act, challenging the Claims Tribunal award of Rs.3,30,000 dated 30.01.2019.
- Appellants relied on Supreme Court decision in Kishan Gopal v. Lala, arguing that compensation should be Rs.5,00,000.
- Respondent cited a related case MAC‑718‑2019 where the court had already ordered payment and recovery by the insurer.
Final Outcome
- The court held that, in light of the Supreme Court precedent, the compensation must be enhanced to Rs.5,00,000.
- The insurer is directed to deposit the additional Rs.1,70,000 within 45 days of receipt of the order, with interest at 10% per annum from the date of filing the claim before the Tribunal until realization.
- The insurer shall first pay the entire enhanced amount and interest to the claimants and thereafter recover the sum from the owner of the offending vehicle, as ordered in MAC‑718‑2019.
- All other conditions of the original award remain unchanged.
- The appeal is allowed in part and the award is modified accordingly.
Topics: Compensation, Insurance