##PAGE1##

1

2026:CGHC:5076

Digitally

signed by

YOGESH NAFR

YOGESH TIWARI

TIWARI Date:

2026.02.04

18:38:18

+0530 HIGH COURT OF CHHATTISGARH AT BILASPUR

MAC No. 1665 of 2018

United India Insurance Company Limited Through Its Branch Manager,

Branch Office, Amar Complex, Jeevan Beema Marg, Pandari Shahar,

Tahsil And District Raipur Chhattisgarh.

--- Appellant

Versus

1 - Victor @ Vikky Miller S/o Stanely Miller Aged About 40 Years,

2 - Savita Miller W/o Victor @ Vikky Miller Aged About 35 Years

Both are R/o Village Maantola, P.O. P.S. And Tahsil Mohla, District

Rajnandgaon Chhattisgarh.

3 - Ajay Kumar @ Ajju Shende S/o Late Prakash Rao Shende Aged

About 29 Years (Owner And Driver Of The Vehicle), R/o Village And

P.O. Yadavpara, Mohla, P.S. And Tahsil Mohla, District Rajnandgoan

Chhattisgarh.

--- Respondents

MAC No. 1649 of 2018

United India Insurance Company Limited Through- Its Branch Manager,

Branch- Office, Amar Complex, Jeevan Beema Marg, Pandari Shahar,

Tahsil And District- Raipur, Chhattisgarh.

--- Appellant

Versus

1 - Savita Miller W/o Victor @ Vikky Miller Aged About 35 Years R/o-

Village- Maantola, P.O. P.S. And Tahsil Mohla, District- Rajnandgaon,

Chhattisgarh.

2

2 - Ajay Kumar @ Ajju Shende S/o Late Prakash Rao Shende, aged

about 29 years, (Owner And Driver Of The Vehicle), R/o- Village And

P.O.- Yadavpara, Mohla, P.S. And Tahsil Mohla, District- Rajnandgaon,

Chhattisgarh.

--- Respondents

(Cause-title taken from Case Information System)

For Appellant/Insurance : Mr. Pravesh Sahu, Advocate on behalf of

Company Mr. Dashrath Gupta, Advocate

For Respondents : None

Hon’ble Shri Amitendra Kishore Prasad, Judge

Judgment on Board

29.01.2026

1. Since both the appeals arise out of same accident, they have

been clubbed together, heard together and decided by this

common judgment.

2. Challenge in these appeals is to the award dated 25.04.2018

passed by the learned First Additional Motor Accident Claims

Tribunal, Rajnandgaon (C.G.) (hereinafter referred to as 'Claims

Tribunal') in Claim Case No.44/2013 and Claim Case No.45/2013,

respectively, whereby learned Claims Tribunal allowed claim

application in part of the respective claimants and awarded a total

compensation of Rs.4,80,000/- and Rs.81,000/-, respectively

along with interest @ 6% per annum from the date of filing of

claim applications till its realization and fastened the liability to

3

satisfy the amount of compensation upon the non-applicants

therein.

3. Both the appeals being MAC No.1665/2018 and MAC

No.1649/2018 have been filed by the Insurance Company

challenging the quantum of compensation as also breach of policy

conditions.

4. Brief facts of both the cases, in a nutshell are that on 18.12.2012

at about 6:45 a.m., claimant No. 2, along with her minor daughter

Ms. Gresy alias Tanya and one Jitendra, was travelling from

village Mohla to Arjuni in a Bolero Maxi vehicle (hereinafter

referred to as ‘offending vehicle’) for the purpose of purchasing

vegetables. The said vehicle was being driven by non-applicant

No. 1. When the vehicle reached a turning point just ahead of

village Herkutumb on the Mohla Road, non-applicant No. 1 drove

the vehicle at a high speed and in a rash and negligent manner

and lost control of the same, as a result of which the vehicle

struck against a tree, causing a serious accident.

5. In the said accident, claimant No. 2 sustained grievous injuries,

including fracture of the right thigh and injuries to the left arm,

whereas her minor daughter Ms. Gresy alias Tanya suffered

serious internal injuries to both legs and chest. Due to the

seriousness of the injuries, both were taken by 108 Ambulance to

the Primary Health Centre, Mohla, where Ms. Gresy alias Tanya

was examined by the doctors and declared dead. Claimant No. 2

4

was thereafter referred to the Government District Hospital,

Rajnandgaon, where she remained admitted from 18.12.2013 to

21.12.2013 and was treated for a severe fracture of the right

thigh, for which plaster was applied.

6. On lodging a report of the incident at Police Station Mohla, Crim