2026:CGHC:11501 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed SHYNAb D y N S : H cn Y = N S A H A Y J N A A Y AJAY A o= JA P Y E , RSONAL, st=Chhattisgarh, c=IN MAC No. 1801 of 2018 Ghanshyam Rathore S/o Gangaram Rathore, Aged About 32 Years R/o Village Durpa, Thana Badadwaar, District Janjgir Champa (Chhattisgarh) Presently Residing at M.P.E.B. West, Qt. No. 1145, Darri, District Korba Chhattisgarh...............(Non Applicant No. 1/owner And Driver)

... Appellant(s)

versus

7 - Deleted (Rambali Yadav) (Died) Honble Court Order Dated 06-11-

2023 Respondent No.2 to 5 are minors represented by Respondent No.1 Mother, All R/o Village Saragaon, District Janjgir Champa Chhattisgarh, Presently Residing At Village Jagdalla, Kurda, Thana Champa, District Janjgir Champa Chhattisgarh...........Claimants

8 - The Oriental Insurance Company Limited, Through Regional Manager, Regional Office, Niharika Road, Korba, Tehsil And District Korba Chhattisgarh..........Insurance Company ... Respondent(s)

For Appellant : Mr. Anshul Tiwari, Advocate For Respondent/ : Mr. Ghanshyam Patel, Advocate Insurance Company SB: Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

10/03/2026

1. This appeal is filed under Section 173 of the Motor Vehicles Act filed by the appellant/owner-cum-driver against the award dated 30.1.2018 passed by the First Additional Motor Accident Claims Tribunal, Korba (CG) in MACT No.221/2011.

2. By the impugned award, the Claims Tribunal allowed the claim

petition in part filed by the claimants and awarded a total sum of

Rs. 5,00,080/- for the death of Deenbandhu Sahu, who died in

the vehicular accident. However, the Tribunal exonerated the

Insurance Company (insurer of the offending vehicle) from the liability arising out of the accident and confined it to only owner-

cum-driver.

3. So the short question that arises for consideration in this appeal is whether the Claims Tribunal was justified in exonerating the Insurance Company from the liability arising out of the accident and thereby, confining it to only owner-cum-driver of the offending vehicle?

4. It is a death case. On 1.4.2001, Deepbandhu was travelling by bicycle to visit Madvarani. While returning to his residence at Shivni, near Banjari Modh, a Mini bus bearing registration No.MP/26/C/5843, driven by its driver in a rash and negligent manner collided with the bicycle. As a result of the collision, the deceased sustained grievous injuries and succumbed to them. At the time of the accident, the deceased was aged about 34 years. It was alleged that the deceased was employed at the Minimata Bango Bandh Office, Sub Division No.13, Champa, earning a monthly salary of Rs.1884/-. Further, he earned income from agricultural activities, bringing his total monthly earnings to Rs.3884/-. This gave rise to filing of the claim petition by the claimants against the respondents before the Tribunal, out of which, this appeal arises.

5. The non-applicants contested the claim. The Tribunal by the

impugned award partly allowed the claim petition. It held the loss

of monthly income of the deceased as Rs.2000/-. Adding 40%

towards future prospects (Rs.800/-), the gross monthly income was determined to be Rs.2800/-, resulting in an annual income of Rs.33,600/-. After deducting personal expenses, the monthly dependency was calculated at Rs.2240/- (annual dependency of Rs.26,880/-). Applying a multiplier of 16, the Tribunal awarded Rs.4,30,080/- for loss of dependency. Furthermore, the Tribunal awarded Rs.15,000/- for loss of estate, Rs.40,000/- for loss of consortium and Rs.15,000/- for funeral expenses. In this way, a total sum of Rs.5,00,080/-was awarded to the claimants While passing the impugned award, the Claims Tribunal exonerated the Insurance Company (respondent No.8) from the liability in question arising out of the accident on the ground that the vehicle in question was not insured with the said Insurance Company on the date of the accident. It is this finding which is impugned