1 2025:CGHC:34733 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 785 of 2018 1 - Branch Manager Shriram General Insurance Co. Ltd., Maruti Height, 4th Floor, Beside R.K.Mall, Aamanaka, Raipur, District Raipur, Chhattisgarh (Insurer/respondent No.3), District : Raipur, Chhattisgarh. ... Appellant(s) versus 1 - Smt. Sevati Bandhe W/o Late Shri Santkumar Bandhe Aged About 40 Years R/o Village Gotiyaardih, Thana Abhanpur, District Raipur, Chhattisgarh (Claimant No.1), District : Raipur, Chhattisgarh. 2 - Shobha Nand S/o Late Shri Santikumar Bandhe Aged About 24 Years R/o Village Gotiyaardih, Thana Abhanpur, District Raipur, Chhattisgarh (Claimant No.2), District : Raipur, Chhattisgarh. 3 - Lilesh Kumar S/o Late Shri Santkumar Bandhe Aged About 22 Years R/o Village Gotiyaardih, Thana Abhanpur, District Raipur, Chhattisgarh (Claimant No.3), District : Raipur, Chhattisgarh. 4 - Lekhan Kumar S/o Late Shri Santkumar Bandhe Aged About 20 Years R/o Village Gotiyaardih, Thana Abhanpur, District Raipur, Chhattisgarh (Claimant No.4), District : Raipur, Chhattisgarh. 5 - Pokhraj S/o Late Shri Santkumar Bandhe Aged About 18 Years R/o Village Gotiyaardih, Thana Abhanpur, District Raipur, Chhattisgarh (Claimant No.5), District : Raipur, Chhattisgarh. 6 - Ku. Tejkumari D/o Late Shri Santkumar Bandhe Aged About 15 Years Minor Represented Through Mother Natural Guardian Namely Digitally signed by RAGHVENDRA JAT 2 Smt. Sevati Bandhe, R/o Village Gotiyaardih, Thana Abhanpur, District Raipur, Chhattisgarh (Claimant No.6), District : Raipur, Chhattisgarh. 7 - Ku. Guleshwari D/o Late Shri Santkumar Bandhe Aged About 9 Years Minor Represented Through Mother Natural Guardian Namely Smt. Sevati Bandhe, R/o Village Gotiyaardih, Thana Abhanpur, District Raipur, Chhattisgarh (Claimant No.7), District : Raipur, Chhattisgarh. 8 - Ku. Duleshwari D/o Late Shri Santkumar Bandhe Aged About 7 Years Minor Represented Through Mother Natural Guardian Namely Smt. Sevati Bandhe, R/o Village Gotiyaardih, Thana Abhanpur, District Raipur, Chhattisgarh (Claimant No.8), District : Raipur, Chhattisgarh. 9 - Mahedra Bandhe S/o Late Shri Santkumar Bandhe Aged About 4 Years Minor Represented Through Mother Natural Guardian Namely Smt. Sevati Bandhe, R/o Village Gotiyaardih, Thana Abhanpur, District Raipur, Chhattisgarh (Claimant No.9), District : Raipur, Chhattisgarh. 10 - Smt. Rajbai W/o Late Shri Subedas R/o Village Gotiyaardih, Thana Abhanpur, District Raipur, Chhattisgarh (Claimant No.10), District : Raipur, Chhattisgarh. 11 - Ishwar Rao K. S/o Shri Appala Swami R/o Salur, Thana Salur, District Vijaynagaram, Andhra Pradesh (Driver/non-Applicant No.1), District : Vizianagaram, Andhra Pradesh. 12 - Jaganmohan M. S/o Shri Nagasunder Rao R/o Cm Transco Main Road, Salur, Thana Salur, District Vijaynagaram, Andhra Pradesh (Owner/non-Applicant No.2), District : Vizianagaram, Andhra Pradesh. 13 - Yashwant @ Mohan Yadav S/o Shri Punit Ram Yadav R/o Village Gotiyaardih, Thana Abhanpur, District Raipur, Chhattisgarh (Non- Applicant No.4), District : Raipur, Chhattisgarh. ... Respondent(s) For Appellant(s) : Mr. Tessy Abraham, Advocate on behalf of Mr. Amrito Das, Advocate. For Respondent(s) No. 1 to 9 : Mr. S.P. Sahu, Advocate. 3 For Respondent No. 10 to 13 : None. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 21/07/2025 1. The present is an Insurance Company’s appeal assailing the award dated 17.11.2017 passed by Fourth Additional Motor Accident Claims Tribunal, Raipur, (C.G.) in Claim Case No. 319/2014, whereby the Claims Tribunal has awarded a compensation of Rs. 10,06,000/- with interest @ 7.5% per annum in favour of claimants/respondents Nos. 1 to 10 herein. 2. Brief facts of the case, is that, the present appeal arises from a claim case filed by respondents No. 1 to 10 against the appellant and respondents No. 11 to 13 for seeking compensation for the death of Shri Sant Kumar Bandhe, who tragically lost his life in a road accident that occurred on 06.01.2014. The accident took place when the deceased, who was seated in a van, sustained fatal injuries after the vehicle collided with a stationary truck. In the course of the proceedings, the learned Tribunal, vide its order dated 03.10.2015, allowed the application of the appellants under Section 170 of the Motor Vehicles Act, 1988, the Tribunal has allowed the claim application, holding that the accident did in fact result in the death of Shri Sant Kumar Bandhe, that the appellant had failed to establish any breach of the terms and conditions of 4 the insurance policy, and that the appellant was therefore liable to pay a compensation amount of Rs. 10,06,000/- to the claimants. Hence, this appeal. 3. In the award passed by the Tribunal, the tribunal has awarded a sum of Rs. 9,36,000/- towards loss of dependency, Rs. 15,000/- towards funeral expenses, Rs. 40,000/- towards loss of consortium & Rs. 15,000/- towards loss of estate. Thus, a total compensation of Rs. 10,06,000/- has been awarded in favor of the claimants/respondents No. 1 to 10 herein and appellant/insurance company was held liable to pay the compensation amount to the claimants/respondents No. 1 to 10 herein. 4. Learned counsel for the appellant/Insurance Company submits that the accident in question occurred solely due to the rash and negligent driving of the vehicle. He further submits that the deceased driver, who was driving the said vehicle at the time of the incident, was himself negligent, and therefore, the claimants are not entitled to compensation. He further submits that no liability can be fastened upon the appellant/insurance company. 5. On the other hand, learned counsel for respondents No. 1 to 9 opposes the same. 6. No one appeared on behalf of respondents No. 10 to 13. 5 7. I have heard learned counsel for the parties and perused the material available on record. 8. In view of the overall facts and circumstances of the case, and upon careful consideration of the findings recorded by the learned Tribunal, I do not find any cogent or compelling reason to interfere with the award passed by the Tribunal. The reasoning provided appears to be well-founded and supported by the evidence on record, and no legal infirmity or perversity has been demonstrated that would warrant this Court's intervention. 9. In view of the foregoing discussion, the appeal filed by the appellant/insurance company lacks merit and is, therefore, liable to be dismissed. Consequently, the same stands dismissed. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat