Authority: High Court of Chhattisgarh at Bilaspur (Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal)
Order Date: 05.08.2026
Case Overview
- Parties: Appellant – Shriram General Insurance Company Limited (through Branch Manager, E‑8, Epip‑Riico Industrial Area, Sitapura, Jaipur, Rajasthan). Respondents – claimants including Smt. Khushboo Soni (widow of Late Shri Vinod Kumar Soni) and minor children, Smt. Malti Soni, Dharamdas Soni, Gurucharan Singh, driver Gulzar Singh, and deceased Sujeet Gupta’s heirs.
- Nature: Appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 06.02.2019 of the Claims Tribunal which granted Rs 6,21,500 compensation to the claimants.
- Background: The motor accident occurred on 04.12.2013. The amendment to the 2nd Schedule of Section 163‑A of the Act came into force on 22.05.2018, i.e., after the accident date.
- Issue: Whether the amended provision should be applied to calculate compensation, or the unamended provision used by the Tribunal is appropriate.
Court Reasoning
- The Court observed that the accident predates the amendment, therefore the Tribunal correctly applied the unamended 2nd Schedule of Section 163‑A.
- The amount of Rs 6,21,500 was held to be a correct calculation, not perverse or illegal.
Final Outcome
- The appeal is dismissed. Shriram General Insurance Company Limited remains liable to pay the compensation of Rs 6,21,500 to the claimants as awarded by the Claims Tribunal.
Topics: Motor Accident Compensation, Insurance Liability