NAFR Digitally RAGHVENDRAsigned by JAT RAGHVENDRA JAT HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 247 of 2018 Judgment Reserved on: 8.12.2025 Judgment Delivered on: 31.1.2026

1 - Meghnath Dewangan S/o Late Sadaram Dewangan Aged About 63 Years R/o Bhiragaon, Tehsil And District Narayanpur, Chhattisgarh. ..................Non Applicant No. 2, District : Narayanpur, Chhattisgarh.

... Appellant(s)

versus

1 - Smt. Vimla Komarra W/o Brahmanand Aged About 29 Years R/o Bore Thana Saria, Tahsil- Sarangarh, District Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh.

2 - Minor Gaurav S/o Brahmanand Aged About 5 Years R/o Bore Thana Saria, Tahsil- Sarangarh, District Raigarh, Chhattisgarh., District :

Raigarh, Chhattisgarh.

3 - Minor Aarohi D/o Brahmanand Aged About 2 Years R/o Bore Thana Saria, Tahsil- Sarangarh, District Raigarh, Chhattisgarh., District :

Raigarh, Chhattisgarh.

4 - Hirondi Bai W/o Late Mahaveer Aged About 57 Years R/o Bore Thana Saria, Tahsil- Sarangarh, District Raigarh, Chhattisgarh., District :

Raigarh, Chhattisgarh.

5 - Sukdas Manikpuri S/o Late Shankardas Manikpuri Aged About 35 Years R/o Bade Donger, District Kondagaon, Chhattisgarh..................

Driver Of Vehicle., District : Kondagaon, Chhattisgarh.

6 - Kartik Das S/o Lokman Aged About 32 Years R/o Village Chimdi , Tehsil And District Kondagaon, Chhattisgarh...............Owners, District :

Kondagaon, Chhattisgarh.

7 - Babudas S/o Mandas R/o Village Chimadi, Tehsil And District Kondagaon, Chhattisgarh., District : Kondagaon, Chhattisgarh.

8 - Shivam Tractors Through Branch Manager/ Proprietor, Address Bathena Chowk, Raipur Road, Dhamtari, Tehsil And District Dhamtari, Chhattisgarh. Appeal Valued At Rs. 15,45,560/- And Fixed Court Fee Of Rs. 15/- Is Affixed, District : Dhamtari, Chhattisgarh ... Respondent(s)

For Appellant(s) : Mr. Raza Ali, Advocate.

For Respondent(s) : None.

Hon’ble Mr. Justice Amitendra Kishore Prasad

C A V Judgment

1. The present appeal has been preferred by non-applicant No. 2 assailing the award dated 29.09.2017 passed by the learned Motor Accident Claims Tribunal, Kondagaon, in Claim Case No. 23/2017, whereby, upon due appreciation of the pleadings and evidence on record, the learned Claims Tribunal has fastened the liability upon non-applicant No. 2 to pay the awarded amount of compensation to the claimants, which determination as to liability is the subject matter of challenge in the present proceedings.

2. Brief facts of the case, is that, on 14.08.2016 at around 6:40 PM, when the deceased Brahmanand along with respondent No. 1 was proceeding on a motorcycle near Village Devgann main road, the offending vehicle, namely Mahendra Max bearing registration No. CG-08-5160, driven by Sukdas Manikpuri (respondent No. 5 herein), dashed the motorcycle of the deceased, as a result of which the deceased sustained grievous injuries and succumbed to the same while being taken to the hospital, whereas respondent No. 1/claimant No. 1 suffered minor injuries; accordingly, the claimants, being the legal heirs of the deceased, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, averring that at the time of the accident the deceased was aged about 30 years, was working as a Nagar Sainik, and was earning Rs.10,000/- per month, and further pleaded that the offending vehicle was not insured on the date of accident, therefore respondent No. 5 (driver) and respondents No. 6 to 8 as well as the appellant herein were impleaded as parties; in response, the appellant/non-applicant No. 2 filed a written statement denying the allegations and specifically contended that about three months prior to the accident, i.e., on 01.06.2016, he had exchanged the offending vehicle at the showroom of respondent No. 8 and had handed over possession of the vehicle, RC book, and duly signed transfer forms (Forms 29 and 30) to respondent No. 6, pursuant to which respondent No. 6, through respondent No. 7, had purchased the vehicle, and thus on the date of accident r