1 2025:CGHC:11898 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 231 of 2025 Branch Manager Chola Mandlam General Insurance Company Limited Branch, Rajiv Plaza, 1st Floor, Bilaspur Distt. Bilaspur, At Present- Cholamandlam MS General Ins. Co. Ltd. 2nd Floor, Simran Tower, Opp. L I C Office, Vidhansabha Road, Pandri, Police Station Pandri Raipur, Chhattisgarh ..............… Insurer Of Vehicle Hiwa Truck No. C.G.-15-A C-2538) ... Applicant versus 1. Smt. Tulsi Wd/o Late Shivaram Aged About 40 Years R/o Village- Amdi, Police Station Dhaurpur, Tahsil Undra, Distt. Sarguja, Chhattisgarh (Claimant) 2. Nan Singh S/o Jaitram Aged About 31 Years Profession- Vehicle Driver, R/o Village Madan Nagar Police Station Pratappur, Distt. Surajpur, Chhattisgarh (Driver Of Vehicle Hiwa Truck No. C.G.15 A C 2538) 3. Abhishek Singh S/o Dinesh Singh R/o Bauripara, Ring Road, Ambikapur Police Station Ambikapur Distt. Sarguja, Chhattisgarh (Owner Of Vehicle Hiwa Truck No. C.G.15 A C 2538) 4. Branch Manager National Insurance Company Limited, Palika Bhawan, 1st Floor, R.K.Puram, New Delhi, 110066 (Insurer Of Vehicle Motor Cycle No. C.G.15 C P 6370) ... Respondent(s) Digitally signed by BHOLA NATH KHATAI Date: 2025.03.12 17:29:10 +0530 2 For Applicant : None For Respondents : None Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 10/03/2025 1. This is an office reference registered as MCC based on the request letter dated 13.02.2025 received from III Motor Accident Claims Tribunal, Ambikapur, District Sarguja through the Office of the Principal District and Sessions Judge, Ambikapur, Sarguja requesting for proper guidance in disposal of the matter. 2. The facts necessary for disposal of the present MCC are that a claim application was filed before the Tribunal on account of death of deceased Santosh Kumar in an accident which took place on 10.09.2013 by rash and negligent driving of respondent driver Nan Singh by Hyva Truck No. CG 15 AC 2538, owned by respondent Abhishek Singh and insured with Chola Mandalam General Insurance Co. Ltd. Learned Tribunal, vide impugned award dated 08.08.2016, awarded total compensation of Rs.3,34,000 in favour of the claimant. 3. Against the said award dated 08.08.2016, two appeals were preferred. One appeal was preferred by the claimant before the Co- ordinate Bench of this High Court registered as MAC No.92/2017 for enhancement which was decided on 04.03.2024 by enhancing the compensation from Rs.3,34,000 to Rs.7,50,400. 4. The second appeal was preferred by the Insurance company before this Court registered as MAC No.1558/2016 for exonerating from the liability which was disposed of vide order dated 13.11.2024 remanding the matter back to the Tribunal with a direction to pass the award afresh after giving the parties sufficient opportunity of hearing and sufficient time to lead evidence. 3 5. Now, the concerned Tribunal has sent the request letter dated 13.02.2025 seeking for guidelines to decide the matter based on which this MCC has been filed as an Office Reference. 6. Neither of the party to the case informed the Co-ordinate Bench nor this Court about listing of the two appeals against same impugned award so that both the appeals could be clubbed and heard together. Therefore, in absence of such information, both the appeals stood disposed of by two separate orders. No petition filed by any of the parties is pending consideration before this Court, in which, any direction or guideline can be issued. 7. In this situation, this Court does not find any merit in the MCC. The present MCC accordingly stands disposed off. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai