2025:CGHC:14454 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1056 of 2020

1 - Smt. Pemin Yadav W/o Late Shri Santosh Yadav Aged About 35 Years R/o Village Kuthrel, Police Station - Anda, Tehsil And District - Durg (Chhattisgarh),District:Durg,Chhattisgarh

2 - Archana Yadav D/o Late Shri Santosh Yadav Aged About 11 Years Minor, Through Mother Smt. Pemin Yadav, W/o Late Shri Santosh Yadav, R/o Village Kuthrel, Police Station - Anda, Tehsil And District - Durg (Chhattisgarh), District : Durg,Chhattisgarh 3 - Ishwar Yadav, S/o Late Shri Santosh Yadav Aged About 9 Years Minor, Through Mother Smt. Pemin Yadav, W/o Late Shri Santosh Yadav, R/o Village Kuthrel, Police Station - Anda, Tehsil And District - Durg (Chhattisgarh), District : Durg, Chhattisgarh ... Appellant(s)

versus

1 - Khumman @ Kumman Lal Tondon S/o Samaydas Tondon, Aged About 44 Years R/o Village, Bhatagaon (Batang), Police Station - Amleshwar, District Durg (Chhattisgarh) (Driver Of The Offending Vehicle Bearing No. C.G. 07-C-8549) Non-Applicant No. 01., District : Durg, Chhattisgarh 2 - Rajkumari Markandey W/o Bhagwati @ Bhagwani Through - Amar Infrastructure Limited, R/o Mahesh Nagar, Pulgaon Naka, G.E. Road, Durg, District - Durg (Chhattisgarh) (Owner Of The Offending Vehicle Bearing No. C.G. 07-C-8549) Non-Applicant No. 02., District : Durg, Chhattisgarh 3 - National Insurance Company Limited Through - Divisional Manager, Having Its Office At Akash Ganga Parisar, Bhilai, Tehsil And District - Durg (Chhattisgarh) (Insurer Of The Offending Vehicle Bearing No. C.G. 07-C-

8549) Non-Applicant No. 03., District : Durg, Chhattisgarh ... Respondent(s)

_________________________________________________________

For Appellants : Mr. Anmol Sharma, Advocate.

Digitally signed by NISHA N DU IS B H E A Y For Respondent No.3 : Mr. Dashrath Gupta Advocate.

DUBEY Date:

2 1 0 5 2 :4 5 8 .0 :4 4 6 .03 -----------------------------------------------------------------------------------------------

+0530 Hon'ble Shri Justice Parth Prateem Sahu Judgment On Board

26/03/2025

1. There is no representation on behalf of respondent No.1.

Respondent No.2 is reported to be unserved.

2. Learned counsel for the appellant submits that liability to satisfy the amount of compensation is upon respondent No.3, therefore, the appeal be heard on merits, dispensing the service of notice upon respondent No.1 and 2.

3. Learned counsel for respondent No.3 does not dispute the submission of counsel for appellants that liability to satisfy the amount of compensation is fastened upon respondent No.3.

4. Considering the submission of counsel for respective parties, service of notice upon respondent No.1 & 2 is dispensed with and with the consent of the parties, the matter is heard finally.

5. Appellants-claimants have filed this appeal challenging the award dated 27.01.2020 passed by the learned Motor Accident Claims Tribunal, Durg (for short ‘the Claims Tribunal’) in Claim Case No.203/2018 whereby the Claims Tribunal allowed claim application of claimants in part and awarded compensation of Rs.13,16,800/- to claimants/appellants herein along with interest @ 6% p.a. from the date of filing of claim application, in a fatal accident case.

6. Facts of the case, in brief, are that on 24.12.2017 Vaishakhu Ram Thakur and Santosh Yadav were returning to their home village Kutharel after working as laborer in Rice Mill Anda, on their bicycles carefully on the footpath at left side below the road. On the way, non-applicant No.1, driver of pickup vehicle bearing registration No. CG 07/C 8549, coming from Anda to Kutharel, at high speed, driving carelessly, dashed the bicycle of appellant from behind and caused accident. In the said accident, Rupendra Yadav, who was standing below the road and talking to Dilip Yadav, was also hit along with parked bicycle. After hitting, the non-applicant No.1 pickup went into ditch below the road. Driver of pickup and fled leaving behind his vehicle there. In the said accident, Baisakhu Thakur and Sant