1 2025:CGHC:36261 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 54 of 2018 1 - Brijlal S/o Shyamlal Aged About 38 Years Caste Rajwar, Occupation Business, R/o Village Mahgaon, P. S. Surajpur, Tahsil And District Surajpur, Chhattisgarh .............Owner, Chhattisgarh ... Appellant versus 1 - Rambilas S/o Shiv Sahay Aged About 48 Years Caste Yadav Badgah, Occupation Agriculture / Labourer, R/o Village Padari, P. S. Surajpur, Tahsil And District Surajpur, Chhattisgarh., Chhattisgarh 2 - Kunti W/o Rambilas Aged About 48 Years Caste Yadav, Badgah, Occupation Housewife, R/o Village Padri P. S. Surajpur, Tahsil And District Surajpur, Chhattisgarh........Claimants., District : Surajpur, Chhattisgarh 3 - National Insurance Company Limited, Dox-Hero Moto Courp, Vertical 101-106, Bmg House, Knot Place, New Delhi 110001, Branch Office Ambikapur, Chhattisgarh. ............Insurer., District : Surguja (Ambikapur), Chhattisgarh ... Respondents For Appellant/owner : Shri Ashok Kumar Shukla and Ms. Shivani Singh, Advocates For Respondents : None Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 25/07/2025 1. This is an appeal by the owner against the award dated 29.8.2017 passed by the Second Additional Motor Accidents Digitally signed by GOPAL SINGH Date: 2025.07.28 11:00:57 +0530 2 Claims Tribunal, Surajpur, Place Surajpur, District Surajpur in Claim Case No.43 of 2016, whereby the Claims Tribunal has awarded compensation of Rs.5,26,000 in favour of the claimants fastening liability upon the owner/appellant to pay the compensation. 2. Case, in short, is that on 28.6.2014 at about 6:30 p.m., deceased Raju Kumar went to his house at Village Padhari by motorcycle bearing No.CG 15 CK 7203. The present appellant is the owner of the alleged motorcycle. When the deceased was returning from his house, he met with an accident near Village Kamalpur Kalua and sustained grievous injuries. Thereafter, he was taken to hospital at Surajpur. Subsequently, he was referred to District Hospital, Ambikapur, where he succumbed to the injuries. 3. Learned counsel for the appellant submits that the deceased had borrowed the motorcycle of appellant Brijlal, the owner of the motorcycle and the deceased died in an accident, as such the owner cannot be a third party. The deceased has stepped into the shoes of the appellant/owner and according to Ramkhiladi v. The United India Insurance Company Limited, (2020) 2 SCC 550, the claimants are not entitled to get any compensation except Rs.1,00,000 if the premium has been paid in respect of driver of the vehicle. 4. No one appears for the respondents. 3 5. I have heard learned counsel for the appellant/owner. 6. In a case in which the person who has been permitted to drive the vehicle of the owner and he dies in an accident, he would not be considered to be a third party and this aspect has been specifically considered in Ramkhiladi case (supra). 7. From perusal of the insurance policy, it seems that Rs.50 has been paid for driver as premium, as such the insurance company is liable to pay Rs.1,00,000 to the claimants, but, since the appellant/owner has deposited Rs.1,00,000 in compliance of the order passed by this Court, as such in case the said amount has been withdrawn by the claimants, the insurance company would be liable to pay such amount to the owner and if the said amount has not been withdrawn by the claimants, then the appellant/owner is entitled to withdraw the said amount and the insurance company is liable to pay Rs.1,00,000 to the claimants. 8. In view of the foregoing, the appeal filed by the owner is allowed. The award passed by the Claims Tribunal is modified to the above extent. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh