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1986 DAILYLAW 2 (CHH)

BRANCH MANAGER v. SMT. HIRABAI

MAC/1906/2024 · 2026-07-30

Shri Sanjay K Agrawal

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Judgment text

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1 MAC No. 1986 of 2024 & MAC No. 1906 of 2024 CGHC010339852024 2026:CGHC:3308 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1986 of 2024  Branch Manager, United India Insurance Company Limited, Branch Office- Second Floor, Beside Gurukripa Tower, Vyapar Vihar Road, P.S.-Civil Line, Tehsil And District - Bilaspur, Chhattisgarh. Presently At- First Floor, Life Insurance Corporation Building, Magarpar Road, Tahsil And District-Bilaspur, Chhattisgarh. ----- (Insurer) --- Appellant versus 1. Satyendra S/o Shri Devkumar, Aged About 24 Years, R/o Village- Bhaluchuva, Rajnandgaon, Post And P.S.-Kawardha, District- Kabirdham, Chhattisgarh. ----(Claimant). 2. Devprasad Patel S/o Shri Babulal, Aged About 30 Years, R/o Village-Lakhatola, P.S.-Lohara, District-Kabirdham, Chhattisgarh. -----(Owner/Driver). --- Respondents For Appelalnt :- Mr. Abhishek Vinod Deshmukh, Advocate. For Respondents :- None. MAC No. 1906 of 2024  Branch Manager United India Insurance Company Limited, Branch Office - Second Floor, Beside Gurukripa Tower, Vyapar Vihar Road, P.S. Civil Line, Tehsil And District - Bilaspur (C.G.). Presently At - ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 1986 of 2024 & MAC No. 1906 of 2024 First Floor, Life Insurance Corporation Building, Magarpar Road, Tehsil And District - Bilaspur (C.G.) ------ (Insurer). ---Appellant versus 1. Smt. Hirabai W/o. Shri Devkumar, Aged About 47 Years, R/o. Village - Bhaluchuva, Rajnandgoan, Post And P.S. - Kawardha, District - Kabirdham (C.G.) ----- (Claimant). 2. Devprasad Patel S/o. Shri Babulal, Aged About 30 Years, R/o. Village - Lakhatola, P.S. - Lohara, District - Kabirdham (C.G.) (Owner/driver). --- Respondents For Appellant :- Mr. Abhishek Vinod Deshmukh, Advocate. For Respondents :- None. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 31.07.2026 1. Since the common question of law and facts are involved in the present two appeals, they have been clubbed together, heard together and are being decided by this common judgment. 2. These two appeals have been filed by the appellants/Insurance Company under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”). Out of two appeals one MAC No.1986 of 2024 has been filed against the impugned award dated 03.05.2023 passed by the 6th Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 1190/2021, and another appeal i.e. MAC No.1906 of 2024 has also been filed against the impugned award dated 03.05.2023 passed by the 6th Additional Motor Accident Claims 3 MAC No. 1986 of 2024 & MAC No. 1906 of 2024 Tribunal, Bilaspur, District Bilaspur, Chhattisgarh (for short “Claims Tribunal”) whereby the Claims Tribunal allowed the claimants’ applications. 3. Mr. Abhishek Vinod Deshmukh, learned counsel for the appellants/Insurance Company in both the appeals, would submit that the offending vehicle was not insured with the present appellants/Insurance Company as the third party insurance has not been taken for the offending vehicle from the present appellants/Insurance Company, therefore, the Insurance Company is not liable to pay the compensation to the claimants. 4. None for the respondents in both the appeals, though served. 5. Having heard learned counsel for the appellants/Insurance Company and after going through written statement of the Insurance Company and other records, it appears that no such plea has been taken by the Insurance Company and also no evidence has been led by the Insurance Company with regard to the aforesaid plea. As such, I do not find any merit in the present two appeals, accordingly, both the appeals are dismissed. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit