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Digitally

signed 2026:CGHC:5494

by

SHAYNA

KADRI NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MAC No. 537 of 2018

1 - Bharti Axa General Insurance Company Limited Through Authorized

Signatory Sajit Ku. Ray, Aged About 27 Years, R/o Ii Floor, Jeet Towers,

G.E.Road, Raipur, P.S. Azad Chowk, District Raipur, Chhattisgarh (Non-

Applicant No. 3), District : Raipur, Chhattisgarh

… Appellant

versus

1 - Nanbai W/o Lt. Ramsharan Singh Aged About 48 Years R/o

Barbandh, Barbaspur, Tahsil Baikunthpur District Koriya, Chhattisgarh,

District : Koriya (Baikunthpur), Chhattisgarh

2 - Anesh Singh S/o Lt. Ramsharan Singh Aged About 17 Years R/o

Barbandh, Barbaspur, Tahsil Baikunthpur District Koriya, Chhattisgarh,

District : Koriya (Baikunthpur), Chhattisgarh

3 - Umesh Singh S/o Lt. Ramsharan Singh Aged About 14 Years R/o

Barbandh, Barbaspur, Tahsil Baikunthpur District Koriya, Chhattisgarh,

District : Koriya (Baikunthpur), Chhattisgarh

4 - Udesh Singh S/o Lt. Ramsharan Singh Aged About 11 Years R/o

Barbandh, Barbaspur, Tahsil Baikunthpur District Koriya, Chhattisgarh

(Claimants No. 1 To 4), District : Koriya (Baikunthpur), Chhattisgarh

5 - Jagnarayan S/o Jagdev Aged About 28 Years R/o Umjhar, Post

Nagar, P.S. Charcha, Tahsil Baikunthpur, District Koriya, Chhattisgarh

(Non-Applicant No. 1), District : Koriya (Baikunthpur), Chhattisgarh

6 - Chatur Singh S/o Manohar Poya Aged About 62 Years R/o Post

Nagar, P.S. Charcha, Tahsil Baikunthpur, District Koriya, Chhattisgarh

(Non-Applicant No.2), District : Koriya (Baikunthpur), Chhattisgarh

... Respondent(s)

(Cause-title is taken from Case Information System)

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For Appellant :Mr. Shekhar Rao Sahab Amit,

Advocate

SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

31/01/2026

1. This appeal has been filed under Section 173 of the Motor Vehicle

Act, 1988, against the award dated 04.02.2017 passed by the

learned Additional Motor Accident Claims Tribunal, Baikunthpur,

District – Koriya (C.G.), in Motor Accident Claim Case No.

43/2015.

2. Facts of the case, in a nutshell, are that the claimants filed an

application under Section 166 of the Motor Vehicles Act, 1988

claiming compensation of Rs. 20,42,000/- under various heads on

account of the death of the deceased in a motor vehicle accident.

It was pleaded that on 13.07.2015 at about 07:30 PM, the

deceased was sitting on his agricultural farm when Non-applicant

No.1 arrived at the spot driving a tractor in a rash and negligent

manner. It was alleged that due to such negligent driving, the

tractor crossed the boundary of the farm, as a result of which the

deceased came under the tractor, which overturned and rolled

over him. The deceased sustained grievous injuries in the said

accident and succumbed to the injuries on the spot. According to

the claimants, the accident occurred solely due to the rash and

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negligent driving of the tractor by Non-applicant No.1, causing

immense mental pain and agony to the claimants besides serious

financial loss due to the untimely death of the deceased. It was

further averred by the claimants that the deceased was the sole

breadwinner of the family and was earning approximately

Rs. 12,000/- per month at the time of the accident. However, no

documentary evidence was produced to substantiate the said

income. The age of the deceased was stated to be about 52 years

at the time of death. The claimants also asserted that the incident

was duly reported to the police, pursuant to which a criminal case

was registered. It was stated that the driver of the offending

vehicle was arrested and was produced before the concerned

Magistrate, thereby supporting the version of the claimants

regarding the occurrence of the accident and the involvement of

the offending vehicle. Non-applicant Nos.1 and 2 filed their reply

denying the allegations made in the claim petition. They

contended that the accident did not occur due to rash or negligent

driving and further pleaded that the driver was holding a valid and

effective driving licence at the relevant time. It was also averred