AFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by PRAKASH PRAKASH KUMAR KUMAR Date: MAC No. 1144 of 2016

2026.02.20

16:31:03 +0530 Judgment Reserved on : 13/02/2026 Judgment Delivered on : 20/02/2026 Shri Ram General Insurance Company Ltd. Through Branch Manager / Branch Office Shri Ram Heights, Amanaka Tatibandh, Raipur, District-

Raipur, Chhattisgarh.....Insurer of Truck CG-18-H-0542, --- Appellant versus

1 - Smt Sukdi W/o Late Kohrami Jaggu, Aged About 38 Years, 2 - Koso, S/o Jaggu, Aged About 20 Years, 3 - Baman, S/o Jaggu, Aged About 14 Years, 4 - Arvind, S/o Jaggu, Aged About 12 Years, All are R/o Gram- Kilapal Pendapara, Tehsil- Bastanar, District - Jagdalpur, Chhattisgarh.

Respondent No.3 & 4 are minor through Respondent No.1 5 - Neharlal Sahu, S/o Late Kumar Sahu, Aged About 20 Years, R/o- Main Market Kirandul, Tahsil and Thana- Kiranul, District- Dantewara, Chhattisgarh,.........Driver of Truck C.G.-18-H-0542, 6 - Ram Kumar Soni, S/o Raj Kumar Soni, R/o- Rajkumar Tent House Market Main Road Bachali, Tahsil- Bachali, Zila- Dantewara, Chhattisgarh,....Owner of Truck C.G.-18-H-0542, --- Respondents AND MAC No. 1142 of 2016 Shri Ram General Insurance Company Ltd. Through Branch Manager / Branch Office Shri Ram Heights, Amanaka Tatibandh, Raipur, District-

Raipur, Chhatisgarh,.....Insurer of Truck CG-18- H-0542.

---Appellant Versus

1 - Smt. Sukdi W/o Late Kohrami Jaggu, Aged About 38 Years, 2 - Baman, S/o Jaggu, Aged About 14 Years, 3 - Arvind, S/o Jaggu, Aged About 12 Years, All are R/o Gram- Kilapal Pendapara, Tehsil- Bastanar, District- Jagdalpur, Chhattisgarh,......Claimants., Respondent No.2 and 3 are minor through Respondent No.1.

4 - Neharlal Sahu, S/o Late Kumar Sahu, Aged About 20 Years, R/o- Main Market Kirandul, Tahsil And Thana- Kiranul, District- Dantewara, Chhattisgarh,.........Driver of Truck C.G.-18-H-0542, 5 - Ram Kumar Soni, S/o Raj Kumar Soni, R/o- Rajkumar Tent House Market Main Road Bachali, Tahsil- Bachali, Zila- Dantewara, Chhattisgarh,....Owner of Truck C.G.18-H-0542, --- Respondents For Appellant : Mr. Deepak Gupta and Mr. Raghvendra Verma, Advocates (MAC No.1144/2016) For : Mr. Vikash A. Shrivastava, Advocate Respondent No.1 to 4 (MAC No.1142/2016) For : Mr. Vikash A. Shrivastava, Advocate Respondent No.1 to 3 (MAC No.1144/2016) : None For Respondent No.5 & 6 (MAC No.1142/2016) : None For Respondent No.4 & 5 Hon’ble Shri Justice Radhakishan Agrawal

CAV Judgment

1. These two appeals have been preferred by the appellant–Insurance Company under Section 173 of the Motor Vehicles Act, 1988, calling in question the common award dated 26.04.2016 passed by the First Additional Motor Accident Claims Tribunal, Bastar at Jagdalpur, Chhattisgarh, in Claim Case Nos. 62/2014 and 63/2014, whereby compensation of Rs. 3,59,000/- and Rs. 4,29,000/- respectively, along with interest @ 9% per annum from the date of application till realization, has been awarded in favour of the claimants and the liability has been fastened upon the present appellant/insurance company. Since both appeals arise out of the same accident, involve identical questions of law and fact, and challenge the award only on the point of liability of the insurer, they are being decided by this common judgment.

2. As per the averments made in the claim petitions, on the intervening night of 30.04.2012 at about 12:00 midnight, the deceased persons, namely, Kohrami Jaggu and Kohrami Chaitu, were proceeding with their bullock cart near Village Dilmili Dega Aamapara on N.H.-16 road. At that time, the offending truck bearing Registration No. CG-18 H- 0542 (hereinafter referred to as “the offending vehicle”), coming from Jagdalpur towards Dantewada, was being driven by Non-Applicant No.1, Neharlal Sahu, in a rash and negligent manner, and dashed against the bullock cart from behind. Due to the forceful impact, both Kohrami Jaggu and Kohrami Chaitu sustained fatal injuries and died on the spot, and two bullocks also died at the place of occurrence. At