2025:CGHC:13985 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 408 of 2020

1 - National Insurance Company Ltd. Through Branch Manager, Branch No. 1, Ranchi (Jharkhand) Regional Division Office - Taha Complex, Priyadarshani Nagar, Bilaspur, District Bilaspur Chhattisgarh Insurance Company Of Offending Vehicle, District : Bilaspur, Chhattisgarh ... Petitioner Versus

1 - Smt. Sumati Bai W/o Late Humesh Ram Chouhan Aged About 30 Years Caste - Cheek, R/o Bankombo, Thana - Narayanpur, Tehsil - Kunkuri, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

2 - Ku. Varsha Chouhan D/o Late Humesh Ram Chouhan Aged About 17 Years Minors Through- Natural Guardian Mother Smt. Sumati Bai, Caste - Cheek, R/o Bankombo, Thana - Narayanpur, Tehsil - Kunkuri, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

3 - Tarun Chouhan S/o Late Humesh Ram Chouhan Aged About 13 Years Minors Through- Natural Guardian Mother Smt. Sumati Bai, Caste - Cheek, R/o Bankombo, Thana - Narayanpur, Tehsil - Kunkuri, District Jashpur Chhattisgarh, District :

Jashpur, Chhattisgarh

4 - Tejbir Chouhan S/o Late Humesh Ram Chouhan Aged About 11 Years Minors Through- Natural Guardian Mother Smt. Sumati Bai, Caste - Cheek, R/o Bankombo, Thana - Narayanpur, Tehsil - Kunkuri, District Jashpur Chhattisgarh, District :

Jashpur, Chhattisgarh

5 - Heera Nath Ram Chouhan S/o Kandru Ram Chouhan Aged About 54 Years Caste - Cheek, R/o Bankombo, Thana - Narayanpur, Tehsil - Kunkuri, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh SHUBHAM DEY

Digitally

signed by

SHUBHAM

DEY

6 - Smt. Sonafulo Chouhan W/o Hiranath Ram Chouhan Aged About 52 Years Caste - Cheek, R/o Bankombo, Thana - Narayanpur, Tehsil - Kunkuri, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

7 - Goverdhan Ram Nageshiya S/o Dasrath Ram Aged About 28 Years Caste - Nageshiya, R/o Bankombo, Thana - Narayanpur, Tehsil - Kunkuri, District - Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh ... Respondents For Petitioner : Mr. Sanjay Patel, Advocate For Respondents : None though served.

S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order On Board

24/03/2025

1. This appeal is filed by the appellant insurance company challenging the impugned award dated 17.10.2019 passed by the learned Additional Motor Accident Claim Tribunal, Kunkuri, District – Jashpur (C.G.) in Claim Case No. 09/2015 whereby, the learned Claims Tribunal allowed the application filed under Section 163 – A of the Motor Vehicles Act, 1988 and awarded a sum of Rs. 1,00,000/- to the claimants who are the legal representatives of the deceased driver of the offending vehicle.

2. Facts relevant for disposal of this appeal are that, on 04.12.2014 at about

05:50 P.M., when the deceased i.e. Humesh Ram Chauhan along with Goverdhan Ram Nageshiya (Respondent No. 7) was going towards Charaidand in his motorcycle i.e. Bajaj Platina bearing Registration No. CG 14 MC 6427, at that time, when they reached near Anees Dhaba, Village Khatanga, the brakes of the motorcycle failed and the Humesh Ram and Goverdhan Ram Nageshiya met with an accident due to which, the Humesh Ram died on the spot. Subsequent to the said accident, the incident was reported to the concerned police station and based upon which, Crime No. 129/2014 (Ex. A-4) was registered for the alleged offences punishable under Section 279, 337, 304-A of the Indian Penal Code, 1960.

3. Learned counsel for appellant submits that that the learned Claims Tribunal erred into awarding the amount of compensation of Rs. 1,00,000/- overlooking the fact that the deceased is not the owner of the motorcycle with which, he met accident and succumbed to his injuries, but only driver of the motorcycle and had borrowed the motorcycle from the original owner of the vehicle. He contended that the premium paid for own damage is for the owner and not for the borrower.

4. He also submits that the learned Claims Tribunal recording a finding that the driving license possessed by the deceased Humesh Ram