Digitally signed by AJINKYA PANSARE Date:

2025.12.01

2025:CGHC:57999 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1170 of 2024  Tata A.I.G General Insurance Company Limited. Through Its Legal Manager, Office No. 403, 4th Floor, Db, City Corporate Park, Flat No. 1, Block No. 9, Rajbandha Maidan, Raipur Chhattisgarh.

... Appellant(s)

versus

1. Smt. Hara Bai Sahu W/o Jeevan Lal Sahu Aged About 62 Years R/o Village Khairwar (Bairagi), P.S., Tehsil And District Mungeli

2. Dikendra Sahu, S/o Late Surendra Sahu, Aged About 3 Years Minor Through Guardian Mateernal Grandfather Ganeshi Ram Sahu, Aged 50 Years S/o Late Rajaram Sahu, R/o Village Khairwar (Bairagi), P.S., Tehsil And District Mungeli Chhattisgarh. Presently R/o Village Mohdanda, P.O. Chhatan, Tehsil Lormi, P.S.

Lalpur, District Mungeli Chhattisgarh.

3. Keshav Ram Sahu S/o Tulsi Ram Sahu Aged About 37 Years R/o Village Sorhar, P.S. Jarhagaon, Tehsil And District Mungeli Chhattisgarh.

... Respondent(s)

For Appellant : Mr. Sourabh Sharma, Advocate For Respondents : None, though served Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board

28-11-2025

1) The appellant–Insurance Company has preferred this appeal under Section 173 of Motor Vehicles Act, 1988 calling in question legality, validity and correctness of the impugned award passed by learned First Additional Motor Accident Claims Tribunal, Mungeli (C.G.) in Claim No. 70/2022 dated 14.2.2024, by which liability to pay a total compensation of Rs. 17,90,600/- with interest @ 9%

p.a. has been fastened upon the Insurance Company.

2) Facts of the present case are that on 15.7.2022, deceased, namely, Surendra Sahu was going from Village Khairwar to Village Mohdanda on his motorcycle. When he halted his motorcycle near Chatarkhar Bypass Road for a restroom break, respondent No. 3 herein while driving the offending motorcycle bearing registration No. CG-28-J-8924 dashed Surendra Sahu. In the accident, he sustained grievous injuries and died. Claimants, who are mother and minor son of the deceased filed the claim case claiming therein compensation to the tune of Rs. 48,50,000/- and pleaded that age of the deceased was 29 years and he used to earn Rs. 3,50,000/- per annum. Insurance Company filed reply and took a plea that FIR was lodged after 69 days. The plea of false implantation of vehicle was also taken. Learned Tribunal framed issues ; parties led evidence and award impugned was passed.

3) Mr. Sourabh Sharma, counsel appearing for the Insurance Company submits that there was delay of 69 days in lodging of the FIR and no explanation was offered by the complainant in this regard. He further submits that initially there was no allegation with regard to involvement of offending motorcycle and at later stage, FIR was lodged against the driver of the offending motorcycle. He prays to set aside the award impugned.

4) Heard learned counsel for the Insurance Company at length and perused the documents with utmost circumspection.

5) Evidently, claimants preferred MAC No. 834 of 2024 for enhancement of compensation. In that case, Mr. Sourabh Sharma appeared on behalf of Insurance Company but the grounds raised herein-above were not raised at the time of hearing of that appeal. MAC No. 834 of 2024 was allowed by this Court and amount of compensation on account of death of Surendra Sahu has been enhanced from Rs. 17,90,600/- to Rs. 22,79,688/-.

6) With regard to delay in registration of FIR, Insurance Company failed to lead evidence to prove this fact before the learned Tribunal. Also, the plea of false implantation of vehicle has been taken by the Insurance Company for the first time before this Court and no evidence in this regard was led before the learned Tribunal.

7) Admittedly, there was delay of 69 days in registration of FIR but Insurance Company could not establish the fact that offending vehicle was implanted by the claimants. Learned Tribunal after appreciating oral as well as documentary evidence and considering the arguments raise