2026:CGHC:11494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2026.04.17 MAC No. 1099 of 2018

10:41:07 +0530 Cholamandlam General Insurance Company Ltd., Through Branch Manager Registered Head Office Darre House, 2nd Floor N H Netaji Subhashchandra Bose Road Chennai Through Deputy Manager ( Legal ) Cholamandlam M S General Insurance Company , Opposite Life Insurance Corporation Pandri, Police Station Pandri District Raipur Chhattisgarh. (Insurer ... Appellant.

Versus

1 - Ramsingh S/o Shiv Prasad Aged About 52 Years.

2 - Lakhan Singh S/o Ramsingh Aged About 32 Years.

Both are R/o Village - Ratkhandi, Police Station Pali Tehsil, Pali District Korba Chhattisgarh. (Claimants

3 - Amarnath Sahu S/o Puri Ram Sahu Aged About 27 Years R/o Village -

Nanpulali, Police Station And Tehsil - Pali District Korba Chhattisgarh.

... Respondents.

For Appellants : Shri Ghanshyam Patel along with Shri Shivansh Gopal, Advocates.

For Respondent No.3 : None, though served.

Hon’ble Mr. Justice Amitendra Kishore Prasad Judgment on Board

10/03/2026

1. This Appeal under Section 173 of the Motor Vehicles Act has been filed by the appellant-Insurance Company against the impugned award dated 19.02.2018 passed by the Additional Motor Accident Claims Tribunal Katghora, Korba C.G. in MACT case No.18/2017, whereby learned Tribunal awarded compensation in favour of Respondent Nos.1 and 2/claimants to the tune of Rs.5,48,000/-. The said compensation was directed to carry interest @ 7 % per annum from the date of claim petition i.e. 13.02.2017 till its realization.

2. Facts briefly stated are that an application under Section 166 of the Motor Vehicles Act, 1988 (in short 'the Act') was filed by claimants, for the death of Smt. Budhwariya Bai in motor accident. Claimants are husband/Respondent No.1 and son/Respondent No.2 of the deceased. It was the case of the claimant that on 09.05.2016 at about 5 PM deceased was going to his village from Kenda in motorcycle. Deceased was sitting as pillion rider in the motor cycle and motor cycle was driven by the claimant no. 2 Lakhan lal, when they reached near bridge at village Majhgawapara Ratkhandi at that time non-applicant no. 1/Respondent no.3 drove the auto bearing registration no. CG 12 AJ 5097 and hit the motor cycle from backside. As a result of which she sustained grievous injury and ultimately she died during the treatment at CIMS hospital. As per the claimant deceased was aged about 45 years and she was working as labour and earning Rs. 6000/- per month, claimants were dependent upon her therefore they seeking compensation of Rs. 14,05,000/- on various heads. The respondent no.3 has filed reply and denying the all adverse averments made against him. It was specifically pleaded that accident took place due to the sole negligence of the claimant no. 2 as he was driving motor cycle in very rash and negligent manner and lost his control over the motor cycle and they fell down from the motor cycle. Offending vehicle namely Auto bearing registration no. CG 12 AJ 5097 was not involved in the accident and his vehicle has falsely been implicated in the accident nearly after 6 months. The present appellant, filed its reply controverting the averments made in the claim application. It was also pleaded that insured vehicle has falsely been implicated and insured vehicle was not at all involved in the accident. It was further pleaded that at the time of accident that driver did not have a valid and effective driving license, which is wilfull violation of the terms and condition of the policy. Appellant has further pleaded that insured vehicle was plied in public place without having valid permit which is violation of terms and condition of the policy as well as Motor Vehicle Act, Therefore appellant is not liable to pay compensation. It is pertinent to mention at this juncture that as per the Merg Intimation Exhibit P-2 including police memo and other medical treatment paper which are r