2025:CGHC:58716 Digitally signed SAIFAN by NAFR KHAN SAIFAN KHAN HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 626 of 2023 [Arising out of award dt. 10.12.2022, passed in Claim Case No.345/2019 (Kholuram Lodhi and another v. Deepak Chandrakar and others) by the 2^nd Addl. Motor Accident Claims Tribunal, Raipur (CG)]

Magma H.D.I. General Insurance Company Limited Through Its Assistant Legal Manager, Present Address Office No. 501 And 512, 5th Floor, D.B. City Corporate Park, Block No. 9, Rajbandha Maidan, Raipur (Chhattisgarh) ..... .... Appellant --- Appellant Versus

1 - Kholuram Lodhi S/o Manglu Ram Lodhi Aged About 45 Years R/o Rameshwar Nagar, Bhanpuri, P.S. Khamtarai, District Raipur (Chhattisgarh) ..... Claimants

2 - Jantri Lodhi W/o Shri Kholuram Lodhi Aged About 43 Years R/o Rameshwar Nagar, Bhanpuri, P.S. Khamtarai, District Raipur (Chhattisgarh) .... ... ...... Claimants

3 - Deepak Chandrakar S/o Shri Bisahu Chandrakar Aged About 19 Years R/o Rameshwar Nagar, Bhanpuri, Near Jute Mill, P.S. Khamtarai District Raipur (Chhattisgarh) ...... ... Driver Of Tata S.

Bearing No. C.G. 04 M 6021

4 - Dharmendra Chandrakar S/o Shri Bisahu Chandrakar R/o Rameshwar Nagar, Bhanpuri, Near Jute Mill, P.S. Khamtarai, District Raipur (Chhattisgarh) ...... .... Owner Of Tata S. Bearing No.

C.G. 04 M 6021 --- Respondents [Cause-title taken from Case Information System (CIS)]

------------------------------------------------------------------------------------------------

For Appellant : Mr. Sourabh Gupta, Advocate For Respondent No.1-2 : Mr. AL Singroul, Advocate For Respondent No.3-4 : Mr. Shiv Sewak, Advocate ------------------------------------------------------------------------------------------------

Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board)

03.12.2025

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellant- Insurance Company challenging the impugned award dt. 10.12.2022, passed in Claim Case No.345/2019 (Kholuram Lodhi and another v. Deepak Chandrakar and others) by the 2^nd Addl. Motor Accident Claims Tribunal, Raipur (CG), whereby the learned Claims Tribunal has allowed the claim application of the respondent/claimants filed under Section 163-A of the Act of 1988 and awarded compensation to the tune of Rs.5,00,000/- alongwith interest @ 5% PA from the date of registration of the claim and said amount is held to be payable by the appellant-Insurance Company.

2. Learned counsel for the appellant would make sole submission that in the present case, on account of accident in question, offence under Section 304-A of IPC has been registered against the owner and driver of the offending vehicle, therefore, the appellant- Insurance Company has wrongly been held liable to pay compensation to the claimants. Thus, the impugned award is liable to be set aside.

3. On the other hand, learned counsel for the respondents would support the impugned order by opposing the submissions made by learned counsel for the appellant and prays for dismissal of this appeal. Additionally, learned counsel for the respondent/claimants would submit that since death of the deceased occurred due to rash and negligent driving of the offending vehicle, therefore, it is a case where accident in question occurred due to use of motor vehicle within the meaning of Section 165 of the Act and, as such, the Insurance Company has rightly been held liable to pay the amount of compensation, 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection.

5. In order to consider the plea raised at the Bar, it would be appropriate to notice Section 165 of the Act. Sub-section (1) of Section 165 states as under:-

“165. Claims Tribunals.—(1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Cl