1 MAC No. 408 of 2022 2025:CGHC:41944 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 408 of 2022  National Insurance Company Ltd. Through Its Divisional Manager, Divisional Office Supela, District Durg, Chhattisgarh. ... Appellant versus 1. Smt. Meera Tiwari W/o Kamta Prasad Tiwari, Aged About 55 Years, R/o Waki, P.S. Sihawal, District Sidhi (MP) Hal Mukam- Ward No. 24, Ramjanki Mandir Parisar, In Front Of Railway Station, Durg, District Durg Chhattisgarh 2. Hoblal @ Hublal, S/o Suresh Kumar, Aged About 35 Years, R/o Village Arjuni Ward No. 1, P.S. Dongargarh, District Rajnandgaon Chhattisgarh. Hal Mukam- M/s Mithlesh Priya Construction Company, P.S. Durg, District Durg (Chhattisgarh)..........(Driver) 3. Aksar Ali, S/o Late Hasan Ali, Aged About 39 Years, R/o Kurud, Ward No. 16, Dhanch Bhawan Colony, 80/ L I G, Qr.No. L I G 1/ 1840, Bhilai, P.S. Jamul, District Durg (Chhattisgarh).........(Owner) ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.22 10:48:51 +0530 2 MAC No. 408 of 2022 4. Usha Tiwari, Wd/o Ganesh Prasad Tiwari, R/o Vill. Banki, P.S. Amilia, District Sidhi (MP). ... Respondents For Appellant :- Mr. Dashrath Gupta, Advocate. For Respondents No.2 & 3 :- Mr. Suraj Patel, Advocate, on behalf of Mr. Vikash Shrivastava, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 19.08.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/Insurance Company calling in question the legality, validity and correctness of the impugned award dated 10.01.2022 passed by the Motor Accident Claims Tribunal, Raipur, Chhattisgarh (for brevity “Claims Tribunal”) in Claim Case No.159/2017 by which the application of the claimants for grant of compensation has been allowed and ₹39,25,400/- along with interest has been awarded to the claimants/dependents of deceased Ganesh Kumar by fastening the liability upon the appellant herein/Insurance Company. 3 MAC No. 408 of 2022 2. Mr. B.N. Nande, learned counsel for the appellant, would submit that the Claims Tribunal is absolutely unjustified in granting compensation to the claimants by fastening the liability upon the Insurance Company as the vehicle Hydra Crane Vehicle bearing Registration No.CG-07-NA-8987 in question was not involved in the accident and vehicle Hydra Crane bearing Registration No.CG-07-N-4888 was involved in the accident, therefore, the Insurance Company is not liable to pay the compensation to the claimants. 3. Mr. Suraj Patel, learned counsel for respondents No.2 & 3, would support the impugned award. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records meticulously. 5. Though the Insurance Company has taken a plea in written statement that the vehicle Hydra Crane Vehicle bearing Registration No. CG-07-NA-8987 was not involved in the accident and also led evidence, but the trial Court relying upon the testimony of eye witness 4 MAC No. 408 of 2022 Krishna Kumar Mishra (PW-2) who in his statement has clearly held that vehicle bearing Registration No. CG-07-NA-8987 was involved in the accident and vehicle Hydra Crane bearing Registration No. CG-07- N-4888 was not involved in the accident and the report was wrongly lodged against the vehicle Hydra Crane bearing Registration No. CG-07-N-4888. In that view of the matter, I do not find any merit in the instant appeal, it deserves to be and is accordingly dismissed. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit