1 MAC No. 922 of 2023 2025:CGHC:47559 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 922 of 2023  Magma H.D.I. General Insurance Company Limited Through Its Legal Manager, Present Address Office No. 501 & 512, 5th Floor, D.B. City Corporate Park, Block No. 9, Rajbandha Maidan, Raipur, District Raipur Chhattisgarh. ... Appellant versus 1. Palturam S/o Tihar Singh Nagesh, Aged About 60 Years; 2. Sumitra Bai W/o Palturam Nagesh, Aged About 55 Years; 3. Devsharan S/o Palturam Nagesh, Aged About 25 Years; All are R/o Village Ruwad, P.S. Piperchhedi, Tahsil Chhura, District Gariyaband, Chhattisgarh. …. Claimants 4. Kailash Ram S/o Late Kejuram Netam, Aged About 35 Years, R/o Ruwad, P.S. Piperchhedi, District Gariyaband, Chhattisgarh. ……. Driver 5. Mohanlal S/o Prahlad Singh Diwan, Aged About 45 Years, R/o Village Ruwad, P.S. Piperchhedi, District Gariyaband Chhattisgarh. ……. Owner 6. Mayaram Thakur S/o Late Fulha Ram Thakur, Aged About 65 Years, R/o Kasabay, P.S. Mainpur, District Gariyaband Chhattisgarh. ... Respondents ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.09.18 18:10:06 +0530 2 MAC No. 922 of 2023 For Appellant :- Mr. Sourabh Sharma and Ms. Harneet Kaur, Advocates. For Respondents No.4 to 6 :- Mr. S.P. Sahu, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 16.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/Insurance Company challenging the impugned award dated 12.01.2023 passed by the Additional Motor Accident Claims Tribunal, Gariyaband, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 45/2021, whereby learned Claims Tribunal has granted the claimants’ application and awarded compensation to the tune of ₹13,70,320/- along with interest for death of Paleshwar Nagesh by fastening the liability upon the appellant/Insurance Company to pay compensation to the claimants. 2. Mr. Sourabh Sharma, and Ms. Harneet Kaur, learned counsel for the appellant, would submit that the Claims Tribunal has erred in awarding the compensation to the claimants by fastening liability upon the Insurance Company. They would 3 MAC No. 922 of 2023 also submit that the deceased was a gratuitous passenger who was sitting on the tractor and, therefore, the Insurance Company is not liable to pay compensation to the claimants. 3. Mr. S.P. Sahu, learned counsel for respondents No.4 to 6, would submit that the owners and driver are not liable to pay compensation to the claimants. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records precisely. 5. The Claims Tribunal after appreciating oral and documentary evidence has clealy recording a finding that deceased Paleshwar Nagesh was a pedestrian and not a gratuitous passenger who was sitting on the offending vehicle, which, in my considered opinion, is correct finding of fact based on evidence available on record and the same is neither perverse nor contrary to the records. As such, I do not find any merit in the instant appellant, it deserves to be and is accordingly, dismissed. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit