Page No.1 of 3 IN MAC-648-2022 2025:CGHC:39939 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 648 of 2022 [Arising out of award dated 18.01.2022, passed in Claim Case No.30/2020 (Chamruram Korram v. Harmandeep Sing Randhawa and another) by the Addl. Motor Accident Claims Tribunal, Kondagaon] Branch Manager United India Insurance Company , Raipur, Near Pandri Railway Crossing , Tehsil District Raipur Chhattisgarh. Through In Charge T.P. Hub, United India Insurance Co. Ltd., 1st Floor, Lic Building , Magarpara Road, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Appellant Versus 1 - Chamruram Korram S/o Somaruram Korram Aged About 41 Years R/o Village Khaspara Ghoragaon, Police Station Tehsil And District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh 2 - Harmandeep Singh Randhawa S/o Jaspal Singh Randhawa Aged About 25 Years R/o Gurunanak Nagar, Ravi Gram , Telibandha, Tehsil And District Raipur Chhattisgarh. (Owner), District : Raipur, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. RN Pusty & Mr. Akash Shrivastava, Adv For Respondents : None through served. ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 08.08.2025 1. In this appeal filed under Section 173 of the Motor Vehicle Act, 1988 (for short the “MV Act”), the appellant-Insurance Company is SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 3 IN MAC-648-2022 calling in question the legality, validity and correctness of impugned award dated 18.01.2022, passed in Claim Case No.30/2020 (Chamruram Korram v. Harmandeep Sing Randhawa and another) by the Addl. Motor Accident Claims Tribunal, Kondagaon (CG) (for short the “MACT”), whereby the claim application filed by the respondent No.01/claimant has been allowed and compensation to the tune of Rs.10,55,000/- has been awarded to him alongwith interest @ 9% PA, which is payable by the appellant-Insurance Company herein. 2. Learned counsel for the appellant-Insurance Company would submit that in the present case, on the date of accident, the claimant/injured was traveling as a labour in the offending vehicle, who used to load and unload cement bags, which was not covered under the insurance policy. Therefore, the learned MACT is absolutely unjustified in fastening liability to pay compensation to the claimant upon the appellant- insurance company. As such, the impugned award is liable to be set aside. 3. None appeared for the respondents though served. 4. I have heard learned counsel for the appellant, considered his rival submissions made herein-above and went through the record with utmost circumspection. 5. In the case at hand, according to the insurance policy the risk of driver and owner is only covered, whereas the claimant, who was traveling as a labourer in the offending vehicle is stated to be not Page No.3 of 3 IN MAC-648-2022 covered under the said insurance policy. However, though the said insurance policy has been exhibited before the learned MACT, but no one has been examined on behalf of the appellant- Insurance Company to verify that the risk of labourer traveling in the said vehicle was not covered. Therefore, the learned MACT proceeded to fasten liability on the appellant-Insurance Company to pay compensation to the claimant. The aforesaid finding, in the considered opinion of this Court, is correct findings of fact based on evidence and same is neither perverse nor contrary to the record. I do not consider it a fit case warranting interference in the impugned award, passed by the learned MACT. 6. Accordingly, I do not find any merit in this appeal. It deserves to be and is hereby dismissed. sd/- (Sanjay K. Agrawal) Judge s@if