1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 805 of 2020 1 - Tata A.I.G. General Insurance Company Limited Through Its Legal Manager, Office No. 403, 4th Floor, Db, City Corporate Park, Flat No. 1, Block No. 9, Rajbandha Maidan, Raipur Chhattisgarh. (Insurer), District : Raipur, Chhattisgarh ... Appellant versus 1 - Mangal Singh S/o Mansingh Binjhwar Aged About 50 Years R/o Village Patrapali, P.S. Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh 2 - Ramsilla Bai W/o Mangalsingh Aged About 46 Years R/o Village Patrapali, P.S. Katghora, District Korba Chhattisgarh. (Claimants), District : Korba, Chhattisgarh 3 - Vikram Das @ Bablu S/o Late Laxman Das Aged About 35 Years R/o Village Nawagaon, P.S. And Tahsil Katghora, District Korba Chhattisgarh. (Driver), District : Korba, Chhattisgarh 4 - Pawan Singh Aayam S/o Dhansingh Aayam Aged About 40 Years R/o Village Panchayat Keshalpur, Post Pachra, Police Help Center Jatga, Tahsil Podi Uproda, District Korba Chhattisgarh. (Owner), District : Korba, Chhattisgarh ... Respondent(s) For Appellant : Ms. Harneet Kaur Khanuja on behalf Mr. Sourabh Sharma, Advocate For Respondent(s) : None, though served. Hon'ble Shri Justice Sachin Singh Rajput, Order on Board 26.08.2025 1) This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “ MV Act”) has been filed by the appellant/insurance company being aggrieved by the award dated 28.01.2020 passed in Claim Case No. 68/2019 by the learned Motor Accident Claims Tribunal, Katghora, District-Korba (CG) (for short learned Tribunal). By the HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.08.29 17:52:41 +0530 2 impugned award the learned Tribunal has awarded Rs. 12,49,500/- with interest @ 7% in favour of the respondent/claimants as compensation on account of death of deceased/Ramkumar Binjwar in an accident which took place on 19.10.2018 by the rash and negligent driving of respondent no. 1/driver of the offending vehicle i.e. HF Deluxe Motorcycle bearing registration no. C.G12-AT-8797. 2) The challenge has been made on the ground that the offending vehicle, Motorcycle bearing Registration No. CG-12-AT-8797, was not involved in the accident alleged to have taken place on 19.10.2018 at about 9:00–10:00 PM, whereas the FIR came to be registered on 08.03.2019. 3) Learned counsel for the appellant submits that since the incident occurred on 19.10.2018 and the FIR was lodged only on 08.03.2019, it is apparent that the offending vehicle was falsely implicated after a considerable lapse of time. 4) None has appeared on behalf of the respondents despite service. 5) Perusal of the record indicates that though the appellant/insurance company has taken a plea that the FIR was lodged after considerable delay, no cogent evidence has been adduced in this regard by the respondents. Mere pleadings would not suffice to establish such a fact. In the absence of any supporting evidence on behalf of the insurance company, I do not find any merit in this appeal. Accordingly, the appeal stands dismissed and the impugned award is hereby affirmed. Sd/- (Sachin Singh Rajput) Judge H.Ansari