NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by PRAKASH PRAKASH KUMAR KUMAR Date: MAC No. 1546 of 2017

2026.04.17

15:37:30 +0530 Judgment Reserved on : 09/04/2026 Judgment Delivered on : 17/04/2026 Manager, Branch Office National Insurance Company Limited 13, Minu Complex, Kosabadi, District Korba, Chhattisgarh, Through Divisional Office, National Insurance Company Limited, Taha Complex, 1st Floor, Vyapar Vihar Road, Bilaspur, District Bilaspur, Chhattisgarh ..............Insurer of Trailer No. C.G.10 C 6100, ... Appellant versus

1 - Smt. Amrika Bai Sarthi W/o Milawan @ Khilawan Sarthi, Aged About 40 Years, R/o Near Bijli Office, Pali, Police Station and Tahsil Pali, District Korba, Chhattisgarh ..............Claimant, 2 - Ramjan Ansari S/o Jahur Ansari, Aged About 26 Years, R/o Village Gidha, Police Station Gadhwa, District Gadhwa, Jharkhand, Presently Residing at House of Navin Singh, Suryadaya Nagar, Pali, Police Station and Tahsil Pali, District Korba, Chhattisgarh ...............Driver of Trailer No. C.G.10 C 6100, 3 - Smt. Rakhi Singh W/o Navin Singh, Aged About 35 Years, R/o House of Navin Singh, Suryodaya Nagar, Pali, Police Station and Tahsil Pali, District Korba, Chhattisgarh ...............Owner of Trailer No. C.G.10 C 6100, ... Respondents For Appellant : Mr. Raj Awasthi, Advocate For Respondent No.1 : Mr. Rahil Arun Kochar and Mr. Leekesh Kumar, Advocates For Respondent No.2 & 3 : None Hon’ble Shri Justice Radhakishan Agrawal

CAV Judgment

1. This appeal has been filed by the appellant/Insurance Company under Section 173 of the Motor Vehicles Act, 1988 against the award dated 19.07.2017 passed by the learned 4^th Additional Motor Accident Claims Tribunal, District Bilaspur (C.G.) in Claim Case No.174/2013, whereby the Tribunal awarded total compensation of Rs.4,28,000/- with interest @ 8.5% per annum from 01.10.2013 (date of application) till its realization, fastening the liability upon the Non-Applicants jointly and severally. The Tribunal further held that Non-Applicant No.1, being the Insurance Company (Appellant herein) is primarily liable to pay the compensation.

2. As per the averments made in the claim petition, on 10.06.2013, at about 10:40 PM, Amrit Lal Sarthi was coming from Rainpur to his home at village Beltara on foot, at that time, when he reached in front of house of Lohar of village Jaal, the driver (Non-Applicant No.1) of a trailer bearing registration number CG-10-C-6100 (hereinafter referred to as “the offending vehicle”) drove the same in a rash and negligent manner due to which the offending vehicle hit Amrit Lal, aged about 27 years (deceased hereinafter) due to which he sustained grievous injuries and died on the spot. At the time of accident, the offending vehicle was owned by Non-

applicant No.2 – Smt. Rakhi Singh and insured with Non-applicant No.3 –National Insurance Company Limited.

3. Upon the claim petition being filed by the claimant (sister of the deceased) seeking compensation to the tune of Rs. 8,50,000/-, it was, inter alia, pleaded that at the time of the accident, the deceased was aged about 27 years and he was working as labourer and mason. The learned Claims Tribunal, after considering the evidence adduced by the parties, passed the award as mentioned in paragraph 1 of this judgment.

4. Learned counsel for the appellant/Insurance Company (Non-

Applicant No.3) submitted that the impugned award passed by the learned Claims Tribunal, fastening liability upon the appellant/Insurance Company without proper appreciation of the evidence and material available on record, is erroneous and unsustainable in law. It is further submitted that although the offending vehicle was duly insured with the appellant/Insurance Company on the date of the accident, the claimant is not entitled to receive the compensation amount. He further submitted that the claimant is a 40 years old married elder sister of the deceased, who was not dependent on the income of the deceased, as she used to res