2025:CGHC:40297 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1577 of 2019 The Oriental Insurance Company Ltd. Through Divisional Manager Divisional Office Kachari Chowk, Raipur, District Raipur Insurer Of Vehicle Truck Bearing Registration No. UP - 63 - E - 9039.

... Appellant (s)

versus

1 - Namdas S/o Bondru Markande Aged About 47 Years

2 - Smt. Deoki Bai W/o Namdas Markande Aged About 42 Years All R/o Village Gaura Chowk Gadhidih, Post - Kahraud, Police Station Kashdol, District Baloda Bazar Bhatapara Chhattisgarh. Pin Code -

493332. (Claimants)

3 - Anirudh Kumar S/o Bhagwan Prasad Choube Aged About 32 Years R/o Village - Baghera, Police Station - Jigna, District Mirjapur, (Uttar Pradesh) Driver Of Offending Vehicle Truck, Bearing Registration No.

Up - 63- E – 9039

4 - Bhagwan Prasad S/o Ramkishore Choube R/o Village - Bagheda Police Station Jigna, District Mirjapur, Uttar Pradesh. Registered Owner Of Truck Bearing Registration No. UP 63- E - 9039.

... Respondent(s)

________________________________________________________

For Appellant (s) : Mr. H.P. Agrawal, Advocate For Resp. No. 1 & 2 : Mr. Praveen Dhurandhar, Advocate Digitally signed by PRAVEEN KUMAR SINHA _______________________________________________________

Date:

2025.09.09 +0530 S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Judgment On Board

11 /08/2025

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) is filed by appellant-Insurance Company challenging the award dated 27.03.2019 passed by learned Second Additional Motor Accidents Claims Tribunal, Balodabazar (CG) vide award dated 27.03.2019 passed in Motor Accident Claim Case No.H-

88 of 2017.

2. Facts relevant for disposal of this appeal are that respondents No. 1 &

2/claimants filed an application under Sections 166, 140 of the Act of 1988 before learned Claims Tribunal pleading therein that on 05.04.2017, Lokeshwar Markande was traveling to Banaras in car No. UP-AH-0405. In the morning of 06.04.2017, on Khatkhari Main Road, driver of truck bearing registration No. UP-63-E-9039 drove the truck at high speed and in a reckless manner, suddenly applied brakes without giving any signal. This caused an accident in which one passenger in the car died on the spot. Lokeshwar Markande, driver of the car, succumbed to serious head and other bodily injuries on 09.04.2017 while undergoing treatment at CIMS Hospital, Bilaspur. Due to untimely death of Lokeshwar Markande in the motor accident, claimants have claimed total compensation of Rs.29,18,000/- under different heads.

3. Non-applicants No. 1 & 2 (driver and owner) have filed their written statement denying the pleadings made in claim application and further pleaded inter alia that said accident did not occur due to negligence of non-applicant No. 1/ driver. When the truck was parked on its side on Khatkhari Main Road and driver was having tea and breakfast, at that time, driver of the car hit the truck from behind. At the time of accident, truck No. UP-63-E-9039 was insured with non-applicant No.3, therefore, liability to pay amount of compensation, if any, would be upon non-applicant No.3/insurance company.

4. Non-applicant No.3/insurance company by filing its written statement also resisted the claim and pleaded inter alia that on the date of accident, driver of car No. UP-65-AH-0405 drove his car rashly and negligently and hit the truck from behind, hence, the incident happened due to negligence of the deceased himself. Accident happened due to collision of both the vehicles for which driver of car is also responsible. Compensation if any to claimants should be determined on the basis of contributory negligence.

5. Learned Claims Tribunal, on appreciation of pleadings and evidence brought on record by respective parties, held that on the date of accident, offending vehicle was being driven by non-applicant No.1 rashly and negligently, due to which, an accident occurred in which Lokeshwar Markande suffered fatal injuries and died. Assessing