Digitally NAFR signed by HIGH COURT OF CHHATTISGARH AT BILASPUR SHAYNA KADRI MAC No. 945 of 2017

1 - Sushil Kumar Singh S/o Shri Narendra Singh, Aged About 32 Years R/o Ward No.2, Jyoti Nagar, Pali Road, Dipka District Korba, Chhattisgarh ............Owner, Chhattisgarh --- Appellant versus

1 - Smt. Sillo Bai And Others W/o Late Ramlal Khairwar, Aged About 46 Years R/o Village Muru, P.S. Hirri, Tahsil Takhatpur, District Bilaspur, Chhattisgarh, Chhattisgarh

2 - Smt. Ramwati Khairwa W/o Shobha Ram, Aged About 75 Years R/o Village Muru, P.S. Hirri, Tahsil Takhatpur, District Bilaspur, Chhattisgarh ..............Claimants, District : Bilaspur, Chhattisgarh

3 - Vimal Das Mahant S/o Dhum Das, R/o Village Bhalpahri,p.O. Mudhali, P.S. Kusmunda, District Korba, Chhattisgarh ...............Driver, District : Korba, Chhattisgarh

4 - The National Insurance Company Limited, Through Its Branch Manager, National Insurance Company Limited, Branch Office At 13, Meenu Complex, Main Road, Kosabadi, Korba, District Korba, Chhattisgarh ..............Insurer, District : Korba, Chhattisgarh --- Respondent(s)

(Cause title is taken from Case Information System)

For Appellant : Mr. Ajay Kumar Dwivedi, Advocate For Resp. No. 1 : Mr. Anurag Agrawal, Advocate holding brief on behalf of Mr. Abhijeet Mishra, Advocate For Resp. No. 4 : Mr. G. V. K. Rao, Advocate MAC No. 602 of 2017

1 - Smt. Sillo Bai W/o Late Ram Lal Khairwar, Aged About 46 Years R/o Village Muru, P.S. Hirri, Tahsil Takhatpur, Distt. Bilaspur, Chhattisgarh, Chhattisgarh

2 - Smt. Ramwati Khairwar (Died And Deleted) As Per Court Order Dated 26-02-2026.

--- Appellant Versus

1 - Vimal Das Mahant S/o Dhum Das, Aged About 24 Years R/o Village Bhalpahri, P.O. Mudhali, P.S. Kusmunda, Distt. Korba, Chhattisgarh ..............Driver, Chhattisgarh

2 - Sushil Kumar Singh S/o Narendra Singh, Aged About 32 Years R/o Ward No.2, Jyoti Nagar, Pali Road, Dipka, Distt. Korba, Chhattisgarh, Presently R/o Ward No.5, Subhash Nagar, Behind I C I C I Bank, Near Water Tank, Dipka, Distt. Korba, Chhattisgarh .................Owner, District : Korba, Chhattisgarh

3 - National Insurance Company Limited, Through Its Branch Manager, National Insurance Co.Ltd., Branch Office At 13, Meenu Complex, Main Road, Kosa Badi, Korba, Distt. Korba, Chhattisgarh ..............Insurer, District : Korba, Chhattisgarh --- Respondent(s)

(Cause title is taken from Case Information System)

For Appellant : Mr. Anurag Agrawal, Advocate holding brief on behalf of Mr. Abhijeet Mishra, Advocate For Resp. No. 2 : Mr. Ajay Kumar Dwivedi, Advocate For Resp. No. 3 : Mr. G. V. K. Rao, Advocate (Hon'ble Shri Amitendra Kishore Prasad, Judge)

Order on Board

26/02/2026

1. Heard on I.A. No. 01 of 2023, which is an application for deleting the name of appellant No. 2.

2. On due consideration of the reasons mentioned in the application, the same is allowed. Learned counsel for the appellant is directed to carry out necessary correction / amendment in the cause-title of appeal during course of the day.

3. With the consent of parties, the appeals are heard finally.

4. The present appeals are being decided by this common order, as both arise out of the same award dated 10.03.2017 passed by the Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 104/2016. M.A.C. No. 602 of 2017 has been filed by the claimants seeking enhancement of the compensation awarded by the Tribunal, whereas M.A.C. No. 945 of 2017 has been preferred by the owner of the offending vehicle challenging the liability imposed upon it by the Tribunal.

5. The case of the claimants is that on 12.12.2015, the deceased, Ramlal Khairwar, was travelling on his motorcycle from Chakarbhata to Village Muru. Near Village Chhatauna, in front of the CSEB Office, his motorcycle dashed against a truck bearing Registration No. CG-12-C-3023, which was allegedly parked negligently in the middle of the road without any signal or indication. Due to the impact, Ramlal Khairwar sustained multiple grievous inj