1 2025:CGHC:36644 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 449 of 2022 Reliance General Insurance Company Limited, Through - Its Legal Officer, Reliance General Insurance Company Limited, 301, 302, Corporate House, 169 RNT Marg, Opposite Jhabua Tower, Indore (M.P.) ... Appellant versus 1 - Kumbhkaran Sahu, S/o. Shri Bishat Ram Sahu, Aged About 34 Years, R/o. Yahova Church Road Nirmal Vihar, Daldal Sivani, P.S. Pandri, Tahsil & District Raipur, Chhattisgarh. (Claimant) 2 - Rajkapoor Sahu @ Raj, S/o. Shri Bishat Ram Sahu, Aged About 38 Years, R/o. Village Sakri (Sasha), P.S. Palari, District Balodabazar-Bhatapara, Chhattisgarh. Present Address - Raj Bartan Bhandar, Milan Chowk, Daldal Sivani, P.S. Pandri, Tahsil & District Raipur Chhattisgarh. (Driver) 3 - Tukaram Rugra, S/o. Lalluram Rugra, Aged About 62 Years, R/o. Maa Kali Hardware, Milan Chowk, Daldal Shivani, P.S. Pandri, Tahsil & District Raipur, Chhattisgarh. (Owner) ... Respondents ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.07.29 18:02:43 +0530 2 For Appellant : Mr. Sourabh Gupta, Advocate on behalf of Mr. Sourabh Sharma, Advocate For Respondent No.1. : Ms. Laxmi Gupta, Advocate on behalf of Mr. Kshitij Sharma, Advocate For Respondents No.2 & 3 : None appeared. (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 28/07/2025 1. The appellant/insurer has preferred this appeal under Section 173 of the Motor Vehicles Act calling in question the legality, validity and correctness of the impugned award dated 22.01.2022 passed by the Second Additional Motor Accident Claims Tribunal, Raipur whereby an amount of compensation of Rs.16,65,200/- has been awarded to the claimants along-with interest at the rate of 8% per annum from the date of filing of claim petition. 2. Learned counsel for the appellant would submit that the offending vehicle was not involved in the accident in question, therefore, the Claims Tribunal is absolutely unjustified in imposing liability upon the appellant/ insurance company. 3 3. Learned counsel for the respondents would submit that no evidence has been led on behalf of the appellant, therefore, the Claims Tribunal has rightly fastened the liability upon the appellant/insurance company. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. Though the appellant/insurance company has taken a plea that the vehicle was not involved in the accident in question, but no evidence has been led on this behalf by the appellant/insurance company. The Claims Tribunal has came to the conclusion that the vehicle was involved in the accident on the basis of evidence available on the record. In that view of the matter, mere delay in lodging the FIR would not lead to dismissal of the claimants’ claim. 6. In view of the above, I do not find any merit in this appeal, the same deserves to be and accordingly dismissed. The parties shall bear their own costs. Sd/- (Sanjay K. Agrawal) Ashok Judge