1 MAC No. 687 of 2019 CGHC010118832019 2026:CGHC:28439 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 687 of 2019  United India Insurance Company Limited Through Its Branch Manager, Branch Office Plot No. 183, Near Balaji Petrol Pump Transport Nagar, Korba, District Korba Chhattisgarh (Insurer). … Appellant versus 1. Mohammad Sakeel Ahmad S/o Mohd. Rauf Aged About 38 Years, Occupation Private Service; 2. Minor Bablu S/o Sakeel Ahamad Aged About 8 Years, Occupation Education; 3. Minor Ku. Muskan D/o Sakeel Ahamad, Occupation Education; 4. Minor Chhotu S/o Mohd, Sakeel, Aged About 6 Years, Occupation Education; Respondents No.2 – 4 are minor through their father Mohd. Sakeel Ahmad (Respondent No.1) Respondents No.1 to 4 are permanent R/o Vill. H. No. 549, Muda Para, Korba, Police Station And Tahsil Korba, District Korba Chhattisgarh; Halmukam - Near Pratappur Naka, Kedarpur, Ambikapur, (S. And Tahsil Ambikapur, District Surguja Chhattisgarh. 5. Mohd. Kausar Ali S/o Mohammad Safique Alam, Aged About 40 Years, Occupation Driver And Owner, R/o Vill. - Muda ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 687 of 2019 Para, Police Station And Tahsil Korba District Korba Chhattisgarh (Owner Cum Driver). ... Respondents For Appellant :- Mr. Dashrath Gupta, Advocate. For Respondent No.5 :- Mr. Shashikesh Yadav, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 09.07.2026 1. This appeal has been filed by the appellant/Insurance Company under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) against the impugned award dated 23.01.2019 passed by the 2nd Additional Judge to the Court of Motor Accident Claims Tribunal, Ramanujganj, District Balrampur-Ramanujganj, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 16/2017, whereby the Claims Tribunal allowed the claimants’ application and awarded 7,12,600/- along with interest for death of Afsana Parveen. ₹ 2. Mr. Dashrath Gupta, learned counsel for the appellants/claimants, would submit that the offending vehicle was being used for carrying passengers, therefore, the Insurance Company is not liable to pay the compensation to the claimants. 3. Mr. Shahiskesh Yadav, learned counsel for respondent No.5, would submit that the owner and driver are not liable to pay the compensation to the claimants. 3 MAC No. 687 of 2019 4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records with utmost circumspection. 5. The Claims Tribunal has clearly held that the Insurance Company has led no any evidence with regard to seating capacity 7+0+0 and even with regard to carrying passengers no evidence has been led by the Insurance Company. In that view of the matter, I do not find any merit in the instant appeal, accordingly, the same is dismissed. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit