Digitaly NAFR RAGHVENDRAsigned by JAT RAGHVENDRA JAT HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1703 of 2018 Judgment Reserved on: 6.11.2025 Judgment Delivered on: 20.1.2026 • Rajesh Soni S/o O.P. Soni, Aged About 26 Years R/o Baisagarpara, Baikunthpur, District Koriya Chhattisgarh..........Non Applicant No. 2, District : Koriya (Baikunthpur), Chhattisgarh ... Appellant(s)

versus

1. Rajni Jaiswal Wd/o Late Shri Shyam Bihari Jaiswal, Aged About

34 Years R/o Sirgitti, P.S. Sirgitti, Tahsil And District Bilaspur Chhattisgarh............Claimant, District : Bilaspur, Chhattisgarh.

2. Manyata D/o Late Shri Shyam Bihari Jaiswal, Aged About 2 Years Minor, Hence Impleaded Through Her Natural Guardian Mother Rajni Jaiswal Wd/o. Late Shri Shyam Bihari Jaiswal, Aged About 34 Years, R/o Sirgitti, P.S. Sirgitti, Tahsil And District Bilaspur Chhattisgarh............Claimant, District : Bilaspur, Chhattisgarh.

3. Aditya S/o Late Shri Shyam Bihari Jaiswal, Aged About 03 Months. Minor, Hence Impleaded Through His Natural Guardian Mother Rajni Jaiswal Wd/o. Late Shri Shyam Bihari Jaiswal, Aged About 34 Years, R/o Sirgitti, P.S. Sirgitti, Tahsil And District Bilaspur Chhattisgarh............Claimant, District : Bilaspur, Chhattisgarh.

4. Vivek Jaiswal S/o Girish Jaiswal, Aged About 26 Years R/o Kevra, Bhaiyathan, District Surajpur Chhattisgarh.........Driver Of Bullet No. C.G.15 C.V. 6885, District : Surajpur, Chhattisgarh.

5. The Oriental Insurance Company Ltd. Old Bus Stand, P.S. City Kotwali, Bilaspur, District Bilaspur Chhattisgarh.................Insurer Of Bullet No. C.G.15 C.V. 6885, District : Bilaspur, Chhattisgarh ... Respondent(s)

... Respondent(s)

... Respondent(s)

... Respondent(s)

... Respondent(s)

... Respondent(s)

... Respondent(s)

Hon’ble Mr. Justice Amitendra Kishore Prasad

C A V Judgment

1. The present is owner appeal assailing the award dated

22.11.2017 passed by the learned 1^st Upper Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 497/2015, whereby the Claims Tribunal has awarded a compensation of Rs. 28,37,530/- with interest @ 6% per annum in favour of claimants/respondents No. 1 to 3 herein.

2. Brief facts of the case, is that, the present appellant is the registered owner of vehicle bearing registration No. C.G.-15- CV-6885 and has been held liable to pay compensation to the extent of Rs. 28,37,530/- along with interest @ 9% per annum from the date of application, in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by respondent/claimants Nos. 1, 2 and 3, who had claimed compensation of Rs. 46,05,000/- on account of the death of Late Shyam Bihari Jaiswal. As per claim averments, on 14.02.2015 the deceased was travelling as a pillion rider on a motorcycle driven rashly and negligently by respondent No. 4, and upon reaching near Khadan Bachav Kendra at Vishrampur, the said motorcycle was dashed by another motorcycle coming from the opposite direction, resulting in the deceased being thrown off and sustaining grievous injuries, to which he succumbed during treatment; the Learned Claims Tribunal framed four issues for adjudication, including an issue relating to breach of policy conditions, and thereafter, since the present appellant and respondent No. 4 were proceeded ex-parte, passed the impugned ex-parte award dated 22.11.2017, exonerating the insurance company from liability and fastening the entire liability upon the present appellant; it is submitted that the appellant, being a permanent resident of District Koriya while the proceedings were conducted at Bilaspur, could not effectively instruct his counsel in time and, therefore, failed to adduce rebuttal evidence, despite the fact that the vehicle was duly insured and the driver was holding a valid and effective driving licence, resulting in no breach of policy conditions; the Learned Tribunal further failed to conduct the mandatory enquiry as contemplated under Section 168 of the Motor Vehicles Act, thereby failing to exercise its lawfu