Digitally 2025:CGHC:61689 signed by SHAYNA NAFR KADRI HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 250 of 2017

1 - Dilip Agarwal S/o Ramji Agarwal, Aged About 45 Years R/o Gopalpur, P.S. And Tehsil Himgir District Sundargarh Orissa Presently R/o Raigarh, Chhattisgarh ...............Owner, Chhattisgarh --- Appellants versus

1 - Smt. Rajshri Agarwal W/o Late Shri Anand Agarwal, Aged About 39 Years R/o Nayaganj Itwari Bazar Raigarh, Chhattisgarh, Chhattisgarh

2 - Ku. Sakshi Agarwal D/o Late Shri Anand Agarwal, Aged About 10 Years Minor Through Natural Guardian Mother Smt. Rajshi Jaiswal, R/o Nayaganj Itwari Bazar Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh

3 - Ku. Khushi Agarwal D/o Late Shri Anand Agarwal, Aged About 9 Years Minor Through Natural Guardian Mother Smt. Rajshi Jaiswal, R/o Nayaganj Itwari Bazar Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh

4 - Harsh Agarwal S/o Late Shri Anand Agarwal, Aged About 9 Years Minor Through Natural Guardian Mother Smt. Rajshi Jaiswal, R/o Nayaganj Itwari Bazar Raigarh, Chhattisgarh ...............Claimants, District : Raigarh, Chhattisgarh --- Respondent(s)

For Appellant : Mr. Ghanshyam Patel and Mr. Neeraj Mehta, Advocates For Resp. No. 1 to 4 : Ms. Soniya Kuldeep, Advocate MAC No. 732 of 2017

1 - Smt. Rajshri Agarwal W/o Late Shri Anand Agarwal, Aged About 39 Years R/o Nayaganj, Itwari Bazar, Raigarh, Chhattisgarh, Chhattisgarh

2 - Ku. Sakshi Agarwal D/o Late Shri Anand Agarwal, Aged About 10 Years Minor Through Natural Guardian Mother Smt. Rajshi Agrawal, R/o Nayaganj, Itwari Bazar, Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh

3 - Ku. Khushi Agarwal D/o Late Shri Anand Agarwal, Aged About 9 Years Minor Through Natural Guardian Mother Smt. Rajshi Agrawal, R/o Nayaganj, Itwari Bazar, Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh

4 - Harish Agarwal S/o Late Shri Anand Agarwal, Aged About 9 Years Minor Through Natural Guardian Mother Smt. Rajshi Agrawal, R/o Nayaganj, Itwari Bazar, Raigarh, Chhattisgarh ...............Claimants, District : Raigarh, Chhattisgarh ---Petitioner(s)

Versus

1 - Dilip Agarwal S/o Ramji Agrawal, Aged About 45 Years R/o Gopalpur, P.S. And Tahsil Himgir, District Sundargarh Orissa Presently R/o Raigarh, Chhattisgarh ..............Owner, Chhattisgarh --- Respondent(s)

(Cause-title is taken from Case Information System) For Appellants : Ms. Soniya Kuldeep, Advocate For Respondent : Mr. Ghanshyam Patel and Mr.

Neeraj Mehta, Advocates Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

17/12/2025

1. These appeals have been filed under Section 173 of the Motor Vehicle Act, 1988, against the award dated 05.12.2016 passed by the learned Fifth Additional Motor Accident Claims Tribunal, Raigarh (C.G.), in Motor Accident Claim Case No. 384/2011.

2. Brief facts of the case, giving rise to the present appeals, are that on 29.11.2009 at about 6:00 p.m., the deceased Anand Agarwal was allegedly taken in Alto Car bearing registration No. OR-14-M- 7900 from near Gopi Talkies / Ajay Restaurant. As per the specific case pleaded by the claimants themselves, while the car was in motion, the deceased was assaulted inside the vehicle with an iron rod by the owner of the vehicle and one co-accused. It was further pleaded that due to the injuries so inflicted inside the moving car, the deceased died and thereafter his dead body was thrown in an agricultural field. Thus, according to the claimants, the death was not the result of a road accident or collision, but was the outcome of a homicidal act committed inside the vehicle during its use. On the basis of the said allegations, an FIR was lodged, and offences under Sections 302, 365, 201, 120-B read with Section 34 of the IPC were registered against the owner of the vehicle and the co-accused. After investigation, charge-sheet was filed and the accused persons were tried by the Sessions Court. Subsequently, the owner of the vehicle was convicted by the Trial Court; however, in Criminal Appeal No. 93/2