2026:CGHC:20544 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1121 of 2015

1 - The Oriental Insurance Company Ltd. Through Its Divisional Manager, Rama Trade Center, First Floor, Bus Stand, Near Rajeev Plaza, Bilaspur, Through Branch Manager Oriental Insurance Company Ltd. Bramha Road Ambikapur, Zilla-

Sarguja Chhattisgarh (Respondent No. 3).

... Appellant versus

1 - Smt. Hemlata Singh W/o Late Kishore Kumar Singh, Aged About 29 Years Occupation- House Wife, R/o Indira Nagar Fundurdihari, Ambikapur, Thana And Tahsil- Ambikapur, Zilla-

Sarguja Chhattisgarh (Claimant No.-1).

2 - Ansh Kumar Singh S/o Late Kishore Kumar Singh Aged About 6 Years Minor Through Natural Guardian Mother Respondent No.1/ Claimant No. 1/ Smt. Hemlata Singh R/o Indira Nagar Fundurdihari, Ambikapur, Thana And Tahsil-

Ambikapur, Zilla- Sarguja Chhattisgarh (Claimant No.-2).

3 - Smt. Timdi Bai Singh W/o Puran Singh Aged About 51 Years Occupation- Service, R/o Indira Nagar Fundurdihari, Ambikapur, Thana And Tahsil- Ambikapur, Zilla- Sarguja Chhattisgarh (Claimant No.-3).

4 - Puran Singh S/o Faninder Singh Aged About 54 Years R/o Indira Nagar Fundurdihari, Ambikapur, Thana And Tahsil-

Ambikapur, Zilla- Sarguja Chhattisgarh (Claimant No.-4).

5 - Kumari Kanishka Singh D/o Late Kishore Kumar Singh Aged About 10 Years Minor Through Natural Guardian Mother Digitally signed by HEERAHEERA LAL LAL SAHU Date:

SAHU 2026.05.04 +0530 Respondent No.1/ Claimant No. 1/ Smt. Hemlata Singh R/o Indira Nagar Fundurdihari, Ambikapur, Thana And Tahsil-

Ambikapur, Zilla- Sarguja Chhattisgarh (Claimant No.-5).

6 - Dwarika Prasad Kushwaha S/o Ramkhelwan Aged About 52 Years Occupation Driver, R/o Aamakherwa, Manendragarh, Ward No. -2 Thana And Tahsil-Manendragarh, District Koria Chhattisgarh (Non-Appellant No.-1).

7 - Rakesh Kumar Gupta S/o Chandrika Prasad Gupta, Propriter-Chandrika And Sons, Agrasen Chowak, Bilaspur, District-Bilaspur Chhattisgarh (Non Appellant No. 2).

... Respondents For Appellant : Mr. Hanuman Prasad Agrawal, Adv.

For Respondent No. 6 : Mr. Awadh Tripathi, Adv.

For Respondents No.1 to 5 : None. For Respondent No. 7 : None.

Hon'ble Shri Justice Sanjay Kumar Jaiswal, J.

Order on Board

(01.05.2026)

1 This appeal has been filed under Section 173 of Motor Vehicles Act 1988 against the award dated 13.07.2015 passed by Motor Accident Claims Tribunal, Sarguja (C.G.), in Motor Accident Claim Case No. 19/2014 (Smt. Hemlata Singh & Ors. vs. Dwarika Prasad & Ors.) (herein after referred to as 'award in question') whereby a compensation of Rs.32,30,206/- with interest @ 6% per annum has been awarded in favour of the claimants for cause irreparable loss to them.

2 Brief facts of the case are that on 04.10.2013, Kishore Singh (deceased), who was posted as a vehicle driver at the Commercial Tax Office, Ambikapur, was travelling towards Manendragarh in a Tata Sumo vehicle at about 7:30 pm, at that time near the village of Pipariya, a truck bearing registration number CG-10-ZB-0602 (hereinafter referred to as the "offending vehicle") driven by its driver, Dwarika Prasad (Respondent No. 6), in a rash and negligent manner dashed the Tata Sumo vehicle. As a result of the collision caused by the offending vehicle, Kishore Singh sustained grievous injuries and subsequently succumbed to the injuries on 07.10.2013, while undergoing medical treatment. The legal heirs of the deceased filed a claim for compensation against the driver of the offending vehicle (Dwarika Prasad Kushwaha), its registered owner (Rakesh Kumar Gupta), and the Appellant Insurance Company (in its capacity as the insurer). By the impugned award, the Tribunal held that the Appellant failed to establish any violation of the terms and conditions of the insurance ₹

policy. Consequently, an award amounting to 32,30,206/- inclusive of interest, was passed against the Appellant, which has been challenged by the Appellant/ Insurance Company in the present appeal.

3 The Tribunal has found that the insurance company has failed to substantiate t