2026:CGHC:4542 Digitally signed by YOGESH NAFR YOGESH TIWARI TIWARI Date:

2026.02.04

18:38:17 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 703 of 2017

1 - Mohan Marco S/o Kushal Singh Marco, Aged About 55 Years R/o Village Barpali, Police Chowki Belgahna, Tahsil Kota, District Revenue And Civil Bilaspur, Chhattisgarh

2 - Deepak Marco S/o Mohan Marco, Aged About 19 Years R/o Village Barpali, Police Chowki Belgahna, Tahsil Kota, District Revenue And Civil Bilaspur, Chhattisgarh --- Appellants Versus

1 - Mohan Singh Gond @ Golu Gond S/o Hanuman Singh, R/o Villagebari Umraw, Police Station Pendra District Revenue And Civil Bilaspur, Chhattisgarh

2 - Afjal Khan S/o Jahir Khan, R/o Purani Basand, Pendra, District Revenue And Civil Bilaspur, Chhattisgarh

3 - The Oriental Insurance Company Limited, Through Divisional Manager, Division Office Near Rajiv Plaza, Old Bus Stand, Bilaspur, Tahsil And District Revenue And Civil Bilaspur, Chhattisgarh --- Respondents MAC No. 569 of 2017 The Oriental Insurance Company Limited Through Divisional Manager, Division Office, In Front Of Rajeev Plaza, Old Bus Stand, Tahsil And District Bilaspur, Chhattisgarh ---Appellant Versus

1 - Mohan Marko S/o Kushal Singh Marko, Aged About 55 Years R/o Village Barpali, Outpost Belgahna, Tahsil Kota, District Bilaspur, Chhattisgarh

2 - Deepak Marko S/o Mohan Marko, Aged About 19 Years R/o Village Barpali, Outpost Belgahna, Tahsil Kota, District Bilaspur, Chhattisgarh

3 - Mohan Singh Gond @ Golu Gond S/o Hanuman Singh, R/o Village Bari Umrao, Police Station Pendra, District Bilaspur, Chhattisgarh

4 - Afzal Khan S/o Jahir Khan, R/o Purani Basti, Pendra, District Bilaspur, Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

For Claimants : Mr. Anand Kesharwani, Advocate For Insurance Company : Mr. Raj Awasthi, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Judgment on Board

27.01.2026

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 28.01.2017 passed by the learned 5^th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) (hereinafter referred to as 'Claims Tribunal') in Claim Case No.830/2014 whereby learned Claims Tribunal allowed claim application in part of the claimants.

3. MAC No.703/2017 has been filed by the claimants for enhancement of amount of compensation, whereas MAC No.569/2017 has been filed by the Insurance Company challenging the quantum of compensation as also breach of policy conditions.

4. The facts, in brief, are that on 04.08.2014, the deceased Smt.

Ganeshiya Bai, after completing her work as a labourer at village Patgawan near the bypass, was returning to her village in a Tata SC vehicle bearing No. CG-10/C/9027 (for short, ‘offending vehicle’), driven by non-applicant No.1. On reaching village Bhadri, while she was alighting from the vehicle, the driver negligently and carelessly moved the vehicle forward with a sudden jerk, due to which she fell down and sustained serious injuries to her head, face and other parts of the body. She was taken to Government Hospital, Pendra, where she succumbed to her injuries during treatment. A criminal case under Section 304-A of the Indian Penal Code was registered against the driver at Police Station Pendra vide Crime No. 165/2014.

5. It is the case of the claimants that the deceased was earning her livelihood as a labourer and was financially supporting the claimants, who have suffered loss of dependency and loss of consortium on account of her untimely death. Accordingly, compensation of Rs.17,50,000/- has been claimed from the driver, owner and insurer of the offending vehicle.

6. The non-applicant No.1 (driver) and non-applicant No.2 (owner)

have denied the allegations of negligence, relationship with the deceased and her income, alleging false implication, whereas non-applicant No.3 (insurer) has denied its liability on the ground of