NIRMALA RAO

2025:CGHC:59954 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1825 of 2024

1 - Pushpendra Kumar S/o Pardeshi Ram, R/o Village- Bullutola, Post- Kholjhar, Tahsil Dondilohara, District Balod, Chhattisgarh. (Owner Of Tractor No. C.G.-24-S- 4361 And Trolley No. C.G.-07-D-6089) 2 - Pardeshiram S/o Bideram Netam, R/o Village- Bullutola, Post- Kholjhar, Tahsil Dondilohara, District Balod, Chhattisgarh. (Registered Owner Of Trolley No. C.G.-

07-D-6089 At The Time Of Accident)

... Petitioner(s)

versus

1 - Kanturam S/o Bishal Ram, R/o Village- Bullutola, Post- Kholjhar, Tahsil Dondilohara, District Balod, Chhattisgarh. (Registered Owner Of Tractor No. C.G.-

24-S-4361)

2 - Megma, H.D.I. General Insurance Company Ltd. Through Its Branch Manager, 5th Floor, Shop No. 501, 509, 512, D.B. City Corporate Park, Rajbandha Ground, Raipur, Tahsil And District Raipur, Chhattisgarh. (Insurance Company) 3 - Smt. Vandana Kodo Wd/o Late Devnarayan Kodo Aged About 35 Years R/o Village- Kholjhar, Tahsil Dondilohara, District Balod, Chhattisgarh. (Claimant No. 1) 4 - Ravindra Kumar Kodo S/o Late Devnarayan Kodo Aged About 12 Years Represented Through Natural Guardian Mother- Smt. Vandana Kodo. R/o Village- Kholjhar, Tahsil Dondilohara, District Balod, Chhattisgarh. (Claimant No. 2) 5 - Neeraj Kodo S/o Late Devnarayan Kodo Aged About 7 Years Represented Through Natural Guardian Mother- Smt. Vandana Kodo. R/o Village- Kholjhar, Tahsil Dondilohara, District Balod, Chhattisgarh. (Claimant No. 3) 6 - Khuma Lal Kodo S/o Late Devnarayan Kodo Aged About 3 Years Represented Through Natural Guardian Mother- Smt. Vandana Kodo. R/o Village- Kholjhar, Tahsil Dondilohara, District Balod, Chhattisgarh. (Claimant No. 4) 7 - Smt. Sulochna Bai Wd/o Neval Singh Kodo Aged About 59 Years R/o Village-

Kholjhar, Tahsil Dondilohara, District Balod, Chhattisgarh. (Claimant No. 5)

... Respondent(s)

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For Appellants : Shri Hemant Gupta, Advocate.

For Respondent No.2 : Shri Sourabh Sharma, Advocate.

For Respondents No.3 to 7 : Ms. Ankita Goswami, Advocate holding the brief of Shri P.K. Patel, Advocate.

Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

10.12.2025

1. Appellant No.1 – Pushpendra Kumar is owner of the Tractor bearing registration No. C.G.24S 4361 whereas, appellant No.2 – Pardeshiram is owner of the Trolley bearing registration No.C.G.07 D 6089. They have challenged the judgment and award passed by the learned First Additional Motor Accident Claims Tribunal, Balod in Claim Case No. 26 of 2023 dated 5.8.2024, whereby the learned Tribunal has granted compensation to the tune of Rs.17,86,875/- and fastened 50% liability upon the Insurance Company and 50% liability upon the appellants herein.

2. The facts, in brief, are that on 20.12.2022, deceased – Devkaran Kodo, while returning to his village Bagaikonha on his motorcycle at around 7:30 pm, rammed into a stationary Tractor-Trolley bearing registration Nos. C.G.24S 4361 and C.G.07 D 6089, resultantly, he sustained injuries and succumbed to death. The claimants, who are widow, three minor children and the mother of the deceased filed a claim case under Section 166 of the Motor Vehicles Act, wherein they pleaded that at the time of accident, the age of the deceased was 38 years and earning Rs.15,000/- per month. They claimed compensation to the tune of Rs.34,50,000/-.

3. The appellants, herein, filed reply to the claim petition and stated that on account of technical problem, the Tractor-Trolley was parked on the side of the road and the indicators were switched on. They pleaded that the deceased, under the influence of alcohol, was driving his motorcycle rashly and negligently and dashed it against the stationary Trolley and succumbed to death. They pleaded that the Tractor-Trolley was being used fo