(MAC No.1401/2019) 2026:CGHC:18737 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1401 of 2019 {Arising out of award dated 10-5-2019 passed by the 1st Additional Motor Accident Claims Tribunal, Sakti, District Janjgir-Champa in Claim Case No.18/2018} 1. Ramkumari, W/o Late Omkar Prasad, Aged about 53 years (Wife of deceased) 2. Rameshwar Prasad, S/o Late Omkar Prasad, Aged about 31 years (Son of deceased) Both R/o Village Chamarwah, Tahsil Sakti, District Janjgir-Champa, Chhattisgarh. (Claimants) ... Appellants versus 1. Bhuwaneshwar Prasad Patel, S/o Late Omkar Prasad, Aged about 33 years, R/o Village Chamarwah, Tahsil Sakti, District Janjgir- Champa, Chhattisgarh. (Driver of Tractor No.CG-11/DA-0238) 2. Magma HDI General Insurance Company Ltd., Magma House, 24 Park Street, Kolkata-700016, Branch Office DBCT Corporate Park, Rajbandhu Ground, Raipur, Chhattisgarh. (Insurance Company of Tractor No.CG-11/DA-0238 ) (Non-applicants) ... Respondents For Appellants : Mr. Kripesh G. Kela, Advocate. For Respondent No.2 : Ms. Priyanka Rai, Advocate on behalf of Mr. Shashank Thakur, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.04.23 17:51:35 +0530 (MAC No.1401/2019) Judgment on Board 23/04/2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) has been preferred by the appellants herein/ claimants challenging the impugned award dated 10-5-2019 passed by the 1st Additional Motor Accident Claims Tribunal, Sakti, District Janjgir-Champa in Claim Case No.18/2018, by which the claim petition filed on behalf of the claimants has been rejected. 2. Omkar Prasad – registered owner, while sitting in the offending vehicle tractor, has suffered accident and died. His wife and son both have filed application under Section 166 of the Act which has been dismissed by the Claims Tribunal on the ground that the deceased was not third party and as such, the application under Section 166 of the Act would not be maintainable. Since the insurer himself has died in the accident, the claim petition has rightly been rejected holding that the application under Section 166 of the Act is not maintainable. However, a careful perusal of the insurance policy Ex.D-2 proved by Dushyant Kumar Verma (DW-1) would show that the personal accident coverage was for owner & driver both up to ₹ 2,00,000/- for which the premium of ₹ 100/- has been paid. 3. In that view of the matter, since the registered owner of the vehicle has died and premium has been taken for personal accident coverage confined to ₹ 2,00,000/-, the claimants would be entitled (MAC No.1401/2019) to ₹ 2,00,000/- along with interest @ 6% per annum from the date of filing the claim application before the Claims Tribunal i.e. 15-3- 2018 till its realisation. The Insurance Company is directed to deposit the amount of compensation as awarded by this Court before the Claims Tribunal within a period of 45 days from the date of receipt of a copy of this order and thereafter, the Claims Tribunal shall pass appropriate order with regard to apportionment, investment and disbursement of the amount of compensation in accordance with law, expeditiously. 4. The appeal is partly allowed to the extent indicated herein-above. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Soma