Digitally signed 2025:CGHC:59828 by SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1222 of 2017

1 - Branch Manager, National Insurance Company Limited Branch Office, Above Central Bank, Near R M S Office, Jagdalpur, District Bastar, Chhattisgarh., Chhattisgarh ... Appellant versus

1 - Smt. Butki Kawasi Wd/o Late Ayatu, Aged About 43 Years Caste Manida, R/o Village And Polst Pondum, Tahsil Dantewada, District South Baster, Dantewada Chhattisgarh. Applicant No. 1, Chhattisgarh

2 - Ku. Ramila, D/o Late Ayatu, Aged About 18 Years Caste Manida, R/o Village And Polst Pondum, Tahsil Dantewada, District South Baster, Dantewada Chhattisgarh. Applicant No. 2, District : Dantewada, Chhattisgarh

3 - Ku. Tiro D/o Late Ayatu, Aged About 15 Years Minor Through Mother Smt. Butki Kawasi Respondent No. 1 Caste Manida, R/o Village And Polst Pondum, Tahsil Dantewada, District South Baster, Dantewada Chhattisgarh. Applicant No. 3, District : Dantewada, Chhattisgarh

4 - Ku. Chhanko D/o Late Ayatu, Aged About 12 Years Minor Through Mother Smt. Butki Kawasi Respondent No. 1 Caste Manida, R/o Village And Polst Pondum, Tahsil Dantewada, District South Baster, Dantewada Chhattisgarh. Applicant No. 4 , District : Dantewada, Chhattisgarh

5 - Ku. Kume, D/o Late Ayatu Aged About 8 Years Caste Manida, R/o Village And Polst Pondum, Tahsil Dantewada, District South Baster, Dantewada Chhattisgarh. Applicant No. 5, District : Dantewada, Chhattisgarh

6 - Mani Ram S/o Late Ayatu, Aged About 6 Years Minor Through Mother Smt. Butki Kawasi Respondent No. 1 Caste Manida, R/o Village And Polst Pondum, Tahsil Dantewada, District South Baster, Dantewada Chhattisgarh. Applicant No. 6 , District : Dantewada, Chhattisgarh

7 - Jai Singh, S/o Late Ayatu, Aged About 3 Years Caste Manida, R/o Village And Polst Pondum, Tahsil Dantewada, District South Baster, Dantewada Chhattisgarh. Applicant No. 7, District : Dantewada, Chhattisgarh

8 - Santosh Kumar Jaiswal, S/o Shri Tulsi Ram Jaiswal, Aged About 24 Years R/o Village Metapal, Bazar Para, Police Station Katekalyan, District South Bastar Dantewada, Chhattisgarh. Non Applicant No. 1, District : Dantewada, Chhattisgarh

9 - Rakesh Dandekar S/o Late Atma Ram Dandekar, Aged About 5 Years R/o Rajendra Nagar Ward No. 3 Dantewada, District Dantewada, Chhattisgarh. Non Applicant No. 2, District : Dantewada, Chhattisgarh ... Respondent(s)

(Cause-title is taken from Case Information System)

For Appellant : Mr. Pravesh Sahu, Advocate appearing on behalf of Mr. Dashrath Gupta, Advocate

For Resp. No. 1 to 7 : Ms. Shaleeni Jangdi, Advocate appearing

on behalf of Mr. A. L. Singroul, Advocate

For Resp. No. 9 : Mr. Vishvanath Shriwas, Advocate

appearing on behalf of Mr. Paras Mani

Shriwas, Advocate

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

09/12/2025

1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988, against the award dated 19.05.2017 passed by the learned Additional Motor Accident Claims Tribunal, Dantewada, District - South Bastar, Dantewada (C.G.), in Motor Accident Claim Case No. 333/2014.

2. Brief facts of the case, giving rise to the present appeal, are that on 18.01.2014, Ayatu was travelling back to his village in a Commander Jeep bearing registration No. CG-18-ZD-0521 after visiting Kawanar Murga. He was seated inside the jeep along with other passengers as it moved along the village road. The jeep was being driven by Santosh Kumar Jaiswal / respondent No. 8 herein, who was allegedly driving it in a rash and negligent manner. As the vehicle proceeded, the driver kept to the wrong side of the road and lost control of the jeep. Suddenly, the jeep swerved, became unstable, and overturned. During the fall, Ayatu was thrown out of the vehicle. He suffered severe injuries in the incident and died on the spot. The accident occurred solely due to the jeep being driven negligently and on the wrong side of the road, leading to the vehicle overturning and causing the fatal injuries to Ayatu.

3. Learned cou