SYED ROSHAN ZAMIR ALI Digitally signed by

2025:CGHC:39126 SYED ROSHAN ZAMIR ALI AFR HIGH COURT OF CHHATTISGARH AT BILASPUR Order Reserved on 10.7.2025 Order Delivered on 06/08/2025 MAC No. 1049 of 2020

1. Smt. Mani Bai Rajput W/o Nohar Singh Rajput Aged About 45 Years

2. Sagar Singh Rajput S/o Nohar Singh Rajput Aged About 26 Years

3. Akash Singh Rajput S/o Nohar Singh Rajput Aged About 23 Years

4. Abhay Singh Rajput S/o Nohar Singh Rajput Aged About 17 Years (Now Aged About 18 Years), All R/o Ward No. 23, Subhash Nagar, Mahasamund, Police Station, Tahsil And District Mahasamund Chhattisgarh.

... Appellants-claimants versus

1. Dasrathi Sunani S/o Senapati Sunani Aged About 30 Years R/o Amadhola, Police Station Junagarh, Kalahandi (Odisha), (Driver Of Offending Tanker No. CG-04, LJ-5151), 2. Pankaj Kumar Jha S/o Shardanand Jha R/o Shriram Nagar, Shanker Nagar, Raipur , Police Station Shanker Nagar, Tahsil And District Raipur Chhattisgarh. (Owner Of Offending Tanker No. CG-04, LJ-5151), 3. Branch Manager Oriental Insurance Company Limited, Madina Building, Kachhari Chowk , Jail Road, Raipur District Raipur Chhattisgarh. (Insurer Of Offending Tanker No. CG-04, LJ-5151), 4. Nohar Singh Rajput S/o Manmohan Singh Rajput Aged About

50 Years At Present R/o Mandir Hasaud , Police Station Mandir Hasaud, District Raipur Chhattisgarh.

... Respondent(s)

For Appellants : Ms.Prachi Singh, Advocate on behalf of Mr.

Raghvendra Pradhan, Advocate For Respondent No.3 : Mr.Sudhir Agrawal, Advocate Hon'ble Shri Justice Parth Prateem Sahu

CAV Order

1. Appellants-claimants have filed this appeal seeking enhancement of compensation awarded by learned Motor Accident Claims Tribunal, Mahasamund (for short ‘the Claims Tribunal’) vide award dated 07.03.2020 in Claim Case No.H-

24/2019

2. Facts of the case, in brief, are that claimants filed an application under Section 166 of the Motor Vehicles Act, 1988 (for short ‘the Act of 1988’) for the death of Shekhar Singh Rajput in accident dated 25.7.2018 which allegedly occurred on account of rash and negligent act on the part of non- applicant No.1 in driving tanker bearing registration mark CG- 04, LJ-5151 (for short ‘the offending vehicle’). It is averred that Bhimsen Pandey was going on his motorcycle to Raipur from Mahasamund, his motorcycle was dashed by offending vehicle near Bhagat Petrol Pump due to rash and negligent driving by its driver, as a result Bhimsen sustained grievous injuries and died in the hospital while undergoing treatment. At the time of accident, Shekhar Singh Rajput was 26 years old bachelor, working as Manager in Yash Transport, Mahasamund, earning Rs.30,000/- per month and due to his untimely death, the claimants have suffered loss of income.

3. Non-applicant No.1 and 2, driver and owner of offending vehicle, have jointly filed reply to claim application pleading that claim application is filed on false and frivolous grounds. Deceased himself was driving motorcycle negligently, as a result he lost control over it and fell down. At time of accident, non-applicant No.1-driver, was possessing valid and effective driving license, the offending vehicle was insured with non- applicant No.3 and since the offending vehicle was plied on road as per terms of insurance policy, non-applicant No.3 is liable to indemnify the insured.

4. Non-applicant No.3- Insurance Company filed its reply to claim application pleading that all the claimants being major were not dependent on the income of deceased. At the time of accident, deceased was not wearing helmet. Accident did not occur with the offending vehicle. This apart, driver of offending vehicle was not having valid driving license on the date of accident.

5. The Claims Tribunal upon analyzing the materials brought on record by the parties, came to the conclusion that accident occurred due to rash and negligent driving of offending vehicle by its driver, there was no violation of any condition of insurance policy and accordingly, allowed application in part, aw