2026:CGHC:8950 AFR Digitally signed by YOGESH YOGESH TIWARI HIGH COURT OF CHHATTISGARH AT BILASPUR TIWARI Date:

2026.02.26

18:58:47 +0530 MAC No. 412 of 2018

1 - Nawal Kishore Sao S/o Nehrulal Sao, Occupation Vehicle Owner, R/o T.P. Nagar, Bhilai, District Durg, Chhattisgarh

2 - Sumit Kumar S/o Ramchandra Prasad, Occupation Vehicle Driver, R/o Indra Nagar, Mandir Hassaud, District Raipur, Chhattisgarh ... Appellants versus

1 - Smt. Jaybunnisha W/o Late Mohd. Kasim Aged About 43 Years R/o Mominpura, Parradand, Police Station And Tahsil Ambikapur, District Surguja, Chhattisgarh

2 - Saleem Raza S/o Late Mohd. Kasim Aged About 27 Years R/o Mominpura, Parradand, Police Station And Tahsil Ambikapur, District Surguja, Chhattisgarh

3 - Shahid Raza S/o Late Mohd. Kasim Aged About 16 Years Minor, Represented Through Mother And Legal Guardian Smt. Jaybunnisha W/o Late Mohd. Kasim, R/o Mominpura, Parradand, Police Station And Tahsil Ambikapur, District Surguja, Chhattisgarh

4 - Branch Manager H.D.F.C. Agro General Insurance Company Limited, Chawla Complex, Third Floor, Devendra Nagar Road, Near Commercial Complex, Raipur, District Raipur, Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

For Appellants : Ms. Anamika Jain, Advocate on behalf of Mr. Devershi Thakur, Advocate For Respondents No.1 to 3 : Ms. Parwati Suryawanshi, Advocate on behalf of Mr. Bhupendra Singh, Advocate For Respondent No.4 : Mr. Ashish Pandey, Advocate on behalf of Mr. Rohitashva Singh, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Judgment on Board

19.02.2026

1. Challenge in this appeal is to the award dated 28.11.2017 passed by the learned First Additional Motor Accident Claims Tribunal, Ambikapur, District Surguja (C.G.) (hereinafter referred to as 'Claims Tribunal') in Central Filing No.73/2016 whereby learned Claims Tribunal allowed claim application in part of the claimants and fastened the liability to pay the amount of compensation upon driver and owner of Truck bearing registration No.CG-07-C-1025 (for short, “offending vehicle”).

2. Brief facts of this appeal, in a nutshell, are that, on 11.06.2015 at about 5:00 a.m., deceased late Mohammad Qasim, husband of claimant No.1 and father of claimants No.2 and 3, had gone out for his morning walk. Upon reaching Ring Road near Harsagar Lake, within the territorial limits of Kotwali Police Station, Ambikapur, the vehicle in question, loaded with gas cylinders and was being driven by non-applicant No. 1 in a rash and negligent manner, dashed the deceased, resulting in the fatal accident. As a result of the impact, Mohammad Qasim sustained grievous injuries and died on the spot. The incident was reported to the police by Mohammad Asfaq, cousin of the deceased, who was also present at the time of occurrence and had witnessed the accident while on his morning walk. On the basis of the said report, a criminal case was registered and investigation was carried out.

3. The claimants, being the legal heirs and dependents of the deceased, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, ‘M.V. Act’) before the learned Claims Tribunal, seeking compensation on account of the untimely death of Mohammad Qasim. It was specifically pleaded that the accident occurred solely due to the rash and negligent driving of the offending vehicle. The claimants assessed the compensation payable to them at Rs.28,90,000/- along with interest, and prayed that the said amount be recovered jointly and severally from the non-claimants (driver, owner and insurer of the offending vehicle).

4. Upon appreciation of the oral and documentary evidence on record, the learned Claims Tribunal held that the accident occurred due to rash and negligent driving of the offending vehicle and awarded compensation of Rs.5,10,600/- in favour of the claimants, fastening liability upon the non-claimants No.1 and 2 i.e. driver and owner of the offending vehicle, jointly and severally.

5. Learned counsel for the a