Digitally signed 2026:CGHC:7986 by SIDDHANT SIDDHANT TAMRAKAR TAMRAKAR D 20 a 2 te 6 : .02.16 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1718 of 2019  United India Insurance Company Limited Through Its Branch Manager, Branch Office Sinha Complex, Bathaina Chowk, Raipur Road, Dhamtari, District Dhamtari Chhattisgarh.

... Appellant(s)

versus

1. Smt. Anusuiya Bai Wd/o Late Motiram Sahu Aged About 50 Years R/o Village Siyadehi, Post Office, Araud, Police Station Kereggaon, Tahsil Nagri, District Dhamtari Chhattisgarh.

2. Tejram Sahu (Died And Deleted) (As Per Honble Court Order Dated- 30-

01-2026)

3. Smt. Rekha Netam Wd/o Late Satteram Netam Aged About 45 Years R/o Village Bhoyna, Police Station Arjuni, Tahsil And District Dhamtari Chhattisgarh. (Legal Representative Of Satteram Netam Who Died During Trial)

4. Kaushal Bhoi S/o Shri Bahadur Bhoi Aged About 24 Years R/o Shrinath Colony, Shanti Colony Road, Dhamtari, Tahsil And District Dhamtari Chhattisgarh. (Owner Of Tractor).

5. Branch Manager The Oriental Insurance Company Limited, M.B. Trade Center, Near Ghadi Chowk, Dhamtari, District Dhamtari Chhattisgarh.

(Insurer Of Tractor)

6. Lokeshwar Sahu S/o Vishram Sahu Aged About 49 Years R/o Village Khartuli, Post Office Potiyadih, Tahsil And District Dhamtari Chhattisgarh (Owner Of Trolley) ... Respondent(s)

For Appellant/Insurance : Mr. Dashrath Gupta, Advocate Company For Respondent No. 5 : Mr. Hanuman Prasad Agrawal, Advocate For Respondent No. 6 : Mr. Tridib Bhattacharya, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

13.02 .2026

1. The Insurance Company has assailed judgment and award passed by the learned Motor Accident Claims Tribunal, Dhamtari (C.G.) passed in Claim Case No. 158/2017 dated 07.05.2019, whereby the learned Tribunal has granted compensation to the tune of Rs. 6,23,215/- with interest at the rate of 9% per annum on account of death of Motiram Sahu.

2. The facts in brief are that on 19.06.2017 the Tractor bearing registration No. CG 06 GC 1430 and Trolley bearing registration No. CG 05 G 4238 were parked on the middle of the road without use of indicator or tail light. The deceased Motiram, who was going to village Siyadehi on his moped rammed into stationary tractor and sustained injuries and during course of treatment succumbed to death. The claimants who are widow and a child filed a claim case under Section 166 of Motor Vehicle Act, wherein they pleaded that the age of the deceased was 54 years and earning Rs. 9,000/- per month. They claimed a sum of Rs. 9,50,000/-. The Insurance Company filed reply and took a plea that the deceased himself was negligent and he dashed against stationary vehicle. It is also pleaded that on the date of accident, the driver of the offending vehicle did not have valid driving licence. The learned Tribunal framed issues, parties led evidence, and thereafter, award was passed.

3. Mr. Gupta would argue that claim petition was filed against trolley bearing registration No. CG 05 G 4235, and subsequently, registration number was amended and new registration number of trolley i.e. CG 05 G 4238 was inserted at the stage of final arguments. He would submit that the trolley No. CG 05 G 4238 was insured vehicle, whereas, trolley No. CG 05 G 4235 was not an insured vehicle, therefore, deliberately the claimants implicated trolley CG 05 G 4238. He would pray to set-aside the award.

4. On the other hand, learned counsel appearing for respondents would oppose. They would submit that an application was moved by owner of the trolley bearing registration No. CG 05 G 4238, namely, Lokeshwar Sahu before the learned Criminal Court for interim custody of the vehicle, which was allowed. They would submit that after seizure of vehicle, no complaint was made by owner of the trolley before the superior police authorities. It is also argued that the learned Tribunal has considered submission made by Insurance Company and recorded finding that there was bona fide mistake with regard to r