2026:CGHC:8222 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 883 of 2018 Branch Manager, The New India Assurance Company Limited Branch Office (450301), Iind Floor R.D.A. Building Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Appellant versus

1 - Maan Singh Dhruv S/o Shri Jahur Singh Dhruv R/o Vill.- Mohandi, P.S. Mahasamund District Mahasamund Chhattisgarh., District :

Mahasamund, Chhattisgarh Digitally signed by SHOAIB SHOAIBANWAR ANWARDate:

2026.02.17 10:25:55 +0530

2 - Smt. Bodhani W/o Maan Singh Dhruv R/o Vill.- Mohandi, P.S. Mahasamund District Mahasamund Chhattisgarh., District :

Mahasamund, Chhattisgarh

3 - Vikram Singh Diwan, S/o Bhagwat Singh Diwan, R/o Vill.- Mohandi, P.S. Vill.- Mohandi, P.S. Mahasamund, District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh ... Respondent(s)

(Cause title taken from CIS)

For Appellant :Shri Dashrath Gupta, Advocate For Respondent No. 1:None, despite service of notice.

For Respondent No. 2:Shri Bharat Rajput, Advocate.

For Respondent No. 3:None, despite service of notice Hon’ble Shri Bibhu Datta Guru, Judg Judgment on Board

16.02.2026

1.

This appeal under Section 30 of the Workmen Compensation Act has been filed by the appellant (non-applicant No.2) being aggrieved by the judgment dated 29.01.2018 passed by Commissioner for Employees Compensation (Labour Court) Mahasamund (C.G.) in Case No. 10/W.C. Act/2013 (between the parties “Maan Singh Dhruv & Another vs. Vikram Singh Diwan & Another).

2. The instant appeal was admitted by this Court on 23.07.2021 on the following substantial question of law:

“Whether in absence of any evidence led by the Appellant/Insurance Compnay, the Commissioner for Employee’s Compensation was justified in fastening the liability upon the Insurance Company by holding that the vehicle in question, “tractor attached with its trolley” was not being used in violation of the policy?”

3.

The brief facts of the claim are that Applicant No. 1 is the father and Applicant No. 2 is the mother of the deceased employee namely; Devanand Dhruv. It is pleaded that the deceased was employed under Non-Applicant No. 1 as an agricultural labourer on Tractor bearing Registration No. CG- 06-A-6662 and Trolley No.6663. Apart from agricultural labour work, the deceased was also assigned duties of watch and ward of the fields. He was being paid wages at the rate of Rs. 150/- per day by Non-Applicant No. 1. It is further averred that on 25.05.2008, during the course and arising out of his employment, while the deceased was engaged in bringing paddy bundles in the tractor of Non-Applicant No. 1, he fell down from the vehicle due to the negligent driving of the driver and came under the tractor, sustaining grievous injuries. Despite medical treatment, the deceased succumbed to the injuries. According to the claimants at the time of the accident, the deceased was aged about 22 years and was earning monthly wages of approximately Rs. 4,500/-. The offending vehicle was duly insured with Non-Applicant No. 2, and the insurance policy was valid and effective on the date of the accident.

4.

On the basis of the aforesaid facts, the applicants have prayed that compensation amounting to Rs. 4,42,740/- along with interest be awarded against Non-Applicant Nos. 1 and 2 jointly and severally.

5.

The Non-Applicant No. 1 has filed his written statement admitting the averments of the claim application. It is admitted that the deceased, Devanand Dhruv, was employed under him and that the death occurred due to an accident arising out of and in the course of employment. It is specifically admitted that the deceased died after being crushed under the wheel of the trolley when he accidentally lost balance due to the negligent driving of the driver. It is further specifically pleaded that Non-Applicant No. 1 is the registered owner of Tractor bearing Registration No. CG-06-A- 6662, which was insured with Non-Applicant No. 2, The New India Insurance Company Limited, R.D.A. Build