Digitally signed by RAME SH 2026:CGHC:2263 KUMAR VATTI Date: 2026.01.16 11:08:02 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 150 of 2021

1 - Rekha Soni W/o Late Ritesh Soni Aged About 37 Years R/o Ganganagar Sector - 2, Ward No. 15, Mangla, Police Station Civil Line, Tahsil And District Bilaspur, District : Bilaspur, Chhattisgarh

2 - Ritika Soni D/o Late Ritesh Soni Aged About 5 Years Minor, Represented Through Mother Rekha Soni, R/o Ganganagar Sector -2, Ward No. 15, Mangla, Police Station Civil Line, Tahsil And District Bilaspur, District :

Bilaspur, Chhattisgarh

3 - Ritisha Soni D/o Late Ritesh Soni Aged About 5 Years Minor, Represented Through Mother Rekha Soni, R/o Ganganagar Sector -2, Ward No. 15, Mangla, Police Station Civil Line, Tahsil And District Bilaspur, District :

Bilaspur, Chhattisgarh

4 - Pushpa Soni W/o Suresh Kumar Soni Aged About 51 Years R/o Ganganagar Sector -2, Ward No. 15, Mangla, Police Station Civil Line, Tahsil And District Bilaspur, District : Bilaspur, Chhattisgarh

5 - Suresh Kumar Soni S/o Late Parasram Soni Aged About 57 Years R/o Ganganagar Sector -2, Ward No. 15, Mangla, Police Station Civil Line, Tahsil And District Bilaspur, District : Bilaspur, Chhattisgarh…. (Claimants)

... Appellants Versus

1 - Rameshwar Singh S/o A.S. Thakur Aged About 33 Years R/o Village Vaishali Vihar Phase - I, Quarter No. 17, Ameri Tahsil Takhatpur, District Bilaspur, Chhattisgarh…. (Driver Of Scorpio No. C.G. -10-AK-5126)

2 - Takeshwar Prasad S/o Ishwari Prasad Patel Aged About 43 Years R/o Matwari Para, Limtara, Darrighat, District Bilaspur, Chhattisgarh…. (Owner Of Scorpio No. C.G. -10-AK-5126)

3 - United Insurance Company Limited Through The Branch Manager, Branch Office Beside Gurukripa Tower, Near I.C.I.C.I. Bank, Vyapar Vihar Road, Bilaspur, Tahsil And District Bilaspur, District : Bilaspur, Chhattisgarh ... Respondents For Appellants/Claimants : Mr. Goutam Khetrapal, Advocate For Respondent No. 3/ : Mr. Abhishek Deshmukh, Advocate Insurance Company Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board

14/01/2026

1. The appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 assailing the judgment and award passed by the learned I^st Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 454/2019 dated 17.12.2020, whereby the claim petition filed by the claimants was dismissed.

2. The brief facts are that on 27.09.2018 deceased- Ritesh Soni was going home on a motorcycle bearing registration No. CG-10 / AD-0143 and when he reached near Bahatarai Chowk, driver of the offending vehicle Scorpio bearing registration No. CG-10 / AK-5126 by driving it rashly and negligently, dashed the motorcycle of deceased, resultantly he sustained injuries and succumbed to death.

3. The claimants who are widow, two minor children and parents of the deceased filed claim case under Section 166 of the Motor Vehicles Act. They pleaded that the deceased was a Constable in the Police Department earning Rs.30,000/- per month and his age at the time of accident was 32 years. They claimed a sum of Rs.81,08,000/-.

4. The driver / respondent No.1 and owner / respondent No.2 of the offending vehicle filed reply to the claim petition and took a plea that the Scorpio vehicle was not involved in the accident. It is further pleaded that the driver of the offending vehicle did have a valid and effective driving licence and vehicle was insured with the Insurance Company. The Insurance Company filed reply and stated that there was contributory negligence. Further plea was taken that the Insurance Company of the motorcycle has not been arrayed as party respondent.

The driver of the offending motorcycle did not have a valid and effective driving licence and there was negligence on the part of the deceased himself.

5. The learned Claims Tribunal framed issue, parties led evidence and thereafter the learned Claims Tribunal dismissed the claim petition, inter alia, on the ground that the claim