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Page 1 of 4

(MAC No.823/2020)

2026:CGHC:23289

Digitally

signed by

SISTA AFR

SISTA SOMAYAJULU

SOMAYAJULU Date:

2026.05.15

HIGH COURT OF CHHATTISGARH AT BILASPUR

19:22:46

+0530

MAC No. 823 of 2020

{Arising out of award dated 15-1-2020 passed by the Motor Accident

Claims Tribunal, Janjgir-Champa in Motor Accident Claim Case

No.59/2019}

The New India Insurance Company Limited, Korba, D.O., SADA

Complex, Transport Nagar, Korba, District Korba, Chhattisgarh

... Appellant

versus

1. Smt. Meena Bai Patel, Age 41 years, W/o Late Ghanshyam Patel

2. Sunita Patel, Age 23 years, D/o Late Ghanshyam Patel

3. Sunil Patel, Age 22 years, S/o Late Ghanshyam Patel

4. Chhabi Lal Patel, Age 20 years, S/o Late Ghanshyam Patel

5. Sangeeta Patel, Age 19 years, D/o Late Ghanshyam Patel

6. Tetki Bai Patel, Age 65 years, W/o Late Samaroo Patel

All Caste Patel, Resident Village Birgahani (Cha), Thana and Tahsil

Janjgir, District Janjgir-Champa, Chhattisgarh

7. Ramesh Yadav, Age 31 years, S/o Ram Yadav, R/o Barpali Chowk,

Near Gurudwara, Champa, Thana and Tahsil Champa, District

Janjgir-Champa, Chhattisgarh

... Respondents

For Appellant : Mr. Sudhir Agrawal, Mr. Shashank Agrawal and

Ms. Prerna Agrawal, Advocates.

For Respondents No.1 to 6 : Mr. Tapan Kumar Chandra, Advocate.

For Respondent No.7 : Mr. Sourabh Sahu, Advocate.

Single Bench:-

Hon'ble Shri Justice Sanjay K. Agrawal

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(MAC No.823/2020)

Judgment on Board

15/05/2026

1. The appellant herein/Insurance Company has preferred this appeal

questioning legality, validity and correctness of the impugned award

dated 15-1-2020 passed by the Motor Accident Claims Tribunal,

Janjgir-Champa in Motor Accident Claim Case No.59/2019, by which

the liability to pay the amount of compensation has been fastened

upon the Insurance Company.

2. Mr. Sudhir Agrawal, learned counsel appearing on behalf of the

appellant herein/Insurance Company, would submit that the

principle of pay and recover has wrongly been applied, as it is the

case where the deceased was travelling as gratuitous passenger in the

vehicle owned by respondent No.7, therefore, there should be

complete exoneration of the Insurance Company from payment of

compensation. In addition, he would further submit that 1/3^rd ought

to have been deducted, whereas, ¼ has been deducted by the Claims

Tribunal. As such, the appeal be allowed and the Insurance

Company be exonerated from the liability of paying compensation.

3. Mr. Sourabh Sahu, learned counsel appearing on behalf of

respondent No.7 – driver and owner of the offending vehicle, while

supporting the cross appeal, would submit that liability would be

fastened upon the Insurance Company as pay and recover would not

apply.

Page 3 of 4

(MAC No.823/2020)

4. I have heard learned counsel for the parties and considered their

rival submissions made herein-above and also gone through the

record with utmost circumspection.

5. The offending vehicle was admittedly and undisputedly, the goods

carrying vehicle in which as per the admission of respondent No.7 –

owner-cum-driver, as stated in para 9 of his evidence, the deceased

was travelling along with his wife and furthermore, in para 12 also he

has stated that on account of his rash and negligent driving, deceased

Ghanshyam Patel sitting in the trolley sustained injury and died. As

such, it is clearly borne out from the statement of respondent No.7

herein – owner-cum-driver, that the deceased was travelling along

with his wife as gratuitous passenger in his vehicle.

6. Now, the question as to whether for gratuitous passenger, the

Insurance Company is liable to indemnify the compensation amount

to the claimant and thereafter, recover the same from the driver and

owner of the vehicle is no longer res integra as held by the Supreme

Court in the matter of Sunita and others v. United India

Insurance Co. Ltd. and others¹ in which their Lordships relying

upon their earlier decision in the matter of Anu Bhanvara v.

IFFCO Tokio General Insurance Co. Ltd.² have clearly held that

even for person travelling as a gratuitous pass