2025:CGHC:41893 AFR Digitally VISHAKHAsigned by BEOHAR VISHAKHA BEOHAR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 989 of 2018

1 - The New India Assurance Co. Ltd. Through The Divisional Manager, Division Office, Madina Manzil, Jail Road, Thana, Tah. And Distt. Raipur Chhattisgarh..........(Insurance Co. For Truck No. CG17 H 2397)

--- Appellant versus

1 - Samlu S/o Late Bongu Aged About 58 Years (Brother Of Since Deceased Piluram Nag) R/o School Para, Sonarpal, Tahsil Lohgundi Thana Badanji District Bastar Chhattisgarh. 2 - Mangal Ram Nag S/o Late Samalu Aged About 35 Years (Nephue Of Since Deceased Piluram Nag) R/o School Para, Sonarpal, Tahsil Lohgundi Thana Badanji District Bastar Chhattisgarh. 3 - Prabhakar Yadav S/o Dhaniyaram Aged About 43 Years R/o Village Masora, Thana Kondagaon, District Kondagaon Chhattisgarh. (Driver), 4 - Hemant Arora S/o Subhash Arora Aged About 43 Years Occupation Garrage And Transporting, R/o Vill. Bhola Road Lines, Near Dau Mills Nayapara Jagdalpur, District Bastar Chhattisgarh.

--- Respondent(s)

MAC No. 1524 of 2018

1 - Samalu S/o Late Bongu Aged About 58 Years Occupation Agriculturist (Brother Of Deceased) R/o School Para, Sonarpal, Tahsil Lohandiguda, P.S.Badanji, District Bastar Chhattisgarh., District :

Bastar(Jagdalpur), Chhattisgarh

2 - Mangal Ram Nag S/o Shri Samalu Aged About 35 Years Occupation - Agriculturist (Nephew Of Deceased) R/o School Para, Sonarpal, Tahsil Lohandiguda, P.S.Badanji, District Bastar Chhattisgarh. (Claimants), District : Balodabazar-Bhathapara, Chhattisgarh ---Appellants Versus

1 - Prabhakar Yadav S/o Shri Dhaniyaram Aged About 43 Years Occupation Business, R/o Village Masora, P.S. Kondagaon, District Kondagaon Chhattisgarh. (Driver Of Offending Vehicle Truck No. CG17 H - 2397)

2 - Hemant Arora S/o Shri Subhashchandra Arora, Aged About 43 Years Occupation - Transport Garage, R/o Bhola Roadlines, Near Dau Mill, Naya Para, Jagdalpur, District Bastar Chhattisgarh. (Owner Of Offending Vehicle Truck No. CG17 H - 2397)

3 - The Branch Manager, The New India Insurance Company Limited, First Floor, Madina Building Medical College Road, Raipur, District Raipur, Chhattisgarh. (Insurer Of Offending Vehicle Truck No. CG17 H -

2397)

--- Respondents For Insurance Company Mr. N.K. Malviya, Advocate For Claimants Ms. Aditi Joshi, Advocate on behalf of Ms. Madhunisha Singh, Advocate For Owner and Driver None, though served. Hon’ble Shri Amitendra Kishore Prasad, Judge Judgment on Board

19.08.2025

1. Since both the above appeals filed by the Insurance Company and claimants respectively arise out of same accident that took place on 06.01.2017, they are being heard together and disposed of by this common judgment.

2. As per averments made in the claim petition, on 06.01.2017, deceased- Peeluram, died in the motor vehicular accident caused due to rash and negligent driving of vehicle bearing registration No.CG17-H-2397 (hereinafter referred to as 'offending vehicle') by non-applicant no.1 / driver of offending vehicle-Prabhakar Yadav. At the time of accident, the offending vehicle was owned by non- applicant No.2- Hemant Arora and insured with non-applicant No.3- The New India Insurance Company Limited.

3. On account of death of deceased- Peeluram, a claim petition was filed by the claimants under Section 166 of the Motor Vehicles Act seeking compensation to the tune of Rs.11,70,000/- inter alia pleading that at the time of accident, deceased- Peeluram was aged about 60 years and was earning Rs.4,80,00/- per annum by doing agricultural work and was also engaged in the work of Hamali. However, the learned Motor Accident Claims Tribunal, Bastar place Jagdalpur, C.G. in Claim Case No.104/2017 vide award dated 09.03.2018, assessed and awarded the compensation of Rs.3,86,400/- to the claimants with interest at the rate of 9% per annum from the date of application till its realization while fastening the liability upon the non-applicant No.3/Insurance Company. Against the said award, Insurance Company