1 MAC No. 1156 of 2020 2026:CGHC:20428 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1156 of 2020  Cholamandlam MS General Insurance Company Ltd. Through Competent Officer Cholamandlam MS General Insurance Company Ltd, Hinduja Complex, Paras Nagar Chowk, Near Railway Line, Devendra Nagar Road, Raipur (Chhattisgarh) Through- Assistant Manager (Legal) Cholamandalam MS General Insurance Company, 2nd Floor Simaran Tower, In Front Of LIC Building, Pandri, Raipur, Raipur (Chhattisgarh). ... Appellant versus 1. Domar Sahu S/o Jagdish Sahu, Aged About 48 Years; 2. Smt. Rekha Sahu W/o Domar Sahu, Aged About 45 Years; 3. Prahlad Sahu S/o Domar Sahu, Aged About 22 Years; All are R/o Near Dau Bada, Urla, P.S. Urla, District- Raipur (Chhattisgarh). 4. Devendra Singh Rajput S/o Indrabhan Singh Rajput, R/o Bajrang Nagar Birgaon, P.S. Urla, District- Raipur (Chhattisgarh). 5. Paramjeet Kour Gil W/o Ranjeet Singh Gil, R/o Qu. No. C.H. 449, Slays-01, Housing Board Colony, Tatibandh, Raipur, Teh. And District- Raipur (Chhattisgarh). 6. Jaidev Rai S/o Virendra Dev Rai @ Biren R/o Malkangiri, M.V.-19, P.S. Malkangiri (Orissa). ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 1156 of 2020 7. Rajkumar Kundu S/o Radheshyam Kundu R/o Qu. No. 122 Borgaon, Teh.- Farasgaon, District- Kondagaon (Chhattisgarh). ... Respondents For Appellant :- Mr. Ghanshyam Patel, Advocate. For Respondent No.6. :- Ms. Anjali Nayak, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 01.05.2026 1.Heard on I.A. No.1, application for condonation of delay in payment of process fee. 2. On due consideration, the application is allowed and the delay in payment of process fee is condoned. 3. The appellant herein has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) questioning the impugned award dated 19.02.2020 passed by the 8th Additional Motor Accident Claims Tribunal, Raipur, Chhattisgarh (for short “Claims Tribunal”). 4.Mr. Ghanshyam Patel, learned counsel for the appellant, would submit that the Claims Tribunal is absolutely unjustified in fastening the liability upon the Insurance Company as the offending vehicle which was insured by the appellant herein was also negligently parked without showing indicator/parking light on the date of accident on 11.06.2017 at about 6:15 am and, therefore, impugned award deserves 3 MAC No. 1156 of 2020 to be dismissed or the Insurance Company may be exonerated to pay compensation. 5.Ms. Anjali Nayak, learned counsel for respondent No.6, would submit that the respondent No.6 is not liable to pay compensation. 6.I have heard learned counsel for the parties, considered their submissions made herein above and gone through the records precisely. 7. The Claims Tribunal has clearly recorded a finding that it is case of collision of two motor vehicles (trucks) and the vehicle insured by the present appellant was standing without being showing indicator/parking light on the road. Further, the Claims Tribunal relying upon the statement of eye witness Dinesh Kumar Sahu (AW- 2), has recorded a finding that the vehicle insured by the present appellant and the other vehicle in which deceased Pintu Sahu was sitting, drivers of both vehicles were contributory negligent and consequently, the accident occurred in which Pintu Sahu died. The said finding recorded by the Claims Tribunal is correct finding of fact based upon the evidence available on record which is neither perverse nor contrary to the records. As such, the Claims Tribunal has rightly fastened the liability upon the Insurance Company to pay 50% of the compensation amount along with respondent No.6 & 7 herein, 4 MAC No. 1156 of 2020 and, therefore, I do not find any merit in the instant appeal, accordingly, the appeal is dismissed without notice to the other side. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit