Digitally signed by AJINKYA PANSARE Date:

2026.01.15

1 10:46:56 +0530

2026:CGHC:2120 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 553 of 2020  Tata A. I. G. General Insurance Company Limited Through Its Legal Manager, Office No. 403, 4th Floor, Db City Corporate Park, Flat No. 1, Block No. 9, Rajbandha Maidan, Raipur Chhattisgarh.

(Insurer), District : Raipur, Chhattisgarh ... Appellant(s)

versus

1. Rama Kadam W/o Late Madhukar Rao Kadam Aged About 50 Years R/o Kurudand, Ward No. 6, P.S. Civil Line, Tahsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

2. Ankit Kadam S/o Late Madhukar Rao Kadam Aged About 18 Years (Now Major), R/o Kurudand, Ward No. 6, P.S. Civil Line, Tahsil And District Bilaspur Chhattisgarh. (Claimants), District : Bilaspur, Chhattisgarh

3. Rohit Kumar S/o Kamlesh Kumar Aged About 20 Years R/o Village Dheka, Near Paper Mill Mahmad, Tahsil And District Bilaspur Chhattisgarh. (Driver), District : Bilaspur, Chhattisgarh

4. Prayash Kumar Sonkar S/o Dayaram Sonkar Aged About 28 Years R/o Village Mahmad Ward No. 07, P.S. Torwa, Tahsil And District Bilaspur Chhattisgarh. (Owner), District : Bilaspur, Chhattisgarh ... Respondent(s)

For Appellant : Mr. Sourabh Sharma, Advocate along with Ms. Harneet Kaur, Advocate For Respondents : None, though served No. 1 and 2 For Respondents : Mr. Shashwat Yechuri, Advocate on behalf No. 3 and 4 of Mr. D.L. Dewangan, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board

14.1.2026

1) By way of this appeal, Insurance Company has challenged the award passed by the learned Seventh Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 389/2018 dated 24.12.2019 whereby learned Tribunal has passed an award to the tune of Rs. 44,52,808/- on account of death of Madhukar Rao Kadam.

2) Facts of the present case are that on 30.11.2017, Madhukar Rao Kadam was driving a Honda Activa bearing registration No. CG- 10-NA-0207 and his wife was the pillion rider. At about 9:00 am, the offending vehicle – motorcycle bearing registration No. CG- 10-AH-8435, dashed the Honda Activa. In the accident, Madhukar Rao Kadam sustained grievous injuries and died during the course of treatment on 1.12.2017.

3) Claimants, who are widow and minor son of the deceased filed the claim case claiming therein compensation to the tune of Rs. 82,93,622/- and pleaded that age of the deceased was 59 years and he was earning Rs. 55,634/- per month working as Medical Assistant in the Health Department. Driver and owner of offending vehicle filed reply and denied averments made in claim application. Insurance Company filed reply and took a specific plea that there was inordinate delay of three months in registration of FIR and motorcycle was not involved in the accident at all, instead the Honda Activa was dashed by an unknown heavy goods vehicle. It was also pleaded that driver of motorcycle did not have valid driving license on the date of accident. Learned Tribunal framed issues ; parties led evidence and thereafter, award was passed.

4) Mr. Sourabh Sharma, counsel appearing for the Insurance Company submits that driver of the offending vehicle did not have valid and effective driving license on the date of accident and there was delay of three months in lodging of the FIR. He further submits that no explanation was offered by the claimants with regard to the delay caused in lodging of FIR. He contends that in the merg intimation registered on 1.12.2017, there is no whisper with regard to involvement of motorcycle in the accident and in claim petition the claimants concocted a story that Honda Activa was dashed by the motorcycle. He further contends that learned Tribunal has granted compensation on the higher side. He prays to set aside the award impugned.

5) On the other hand, Mr. Shashwat Yechuri, counsel appearing for the driver and owner of offending vehicle would oppose. He submits that learned Tribunal has considered all the issues raised by the Insurance Company and th