1 2025:CGHC:40867 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 851 of 2022 National Insurance Company Limited, Branch Manager, Branch Office - Korba, District - Korba (C.G.), Through Its Authorised Authority, In-Charge, Manager, T.P. Cell, Divisional Office, Agrawal Chambers, 1st Floor, Above Canara Bank, Vyapar Vihar Road, Bilaspur, District - Bilaspur (C.G.) ... Appellant versus 1 - Ramkrishna Bareth, S/o. Ram Lal Bareth, Aged About 42 Years, R/o. Jatha, P.S. - Saragaon, Tah - Champa, District - Janjgir - Champa (C.G.) 2 - Govind Singh Paraste, S/o. Sundar Singh Praste, R/o. M.81, Manikpur Colony, Near Employee Club, Korba, District - Korba (C.G.) (Owner Of Vehicle No. CG-12-S-5780) ... Respondents For Appellant : Mr. Dashrath Gupta, Advocate For Respondents : None present. (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.08.14 17:40:12 +0530 2 13.08.2025 1. The appellant/insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity and correctness of the award dated 14.03.2022 passed by the 1st Additional Motor Accident Claims Tribunal, Janjgir- Champa in Claim Case No.64/2019, whereby the claim application of the claimant/injured has been allowed and an amount of compensation of Rs.2,28,499/- has been awarded along-with interest @ 9% per annum from the date of filing of claim application. 2. The sole contention raised on behalf of the appellant/ insurance company is that the legal representatives of the deceased driver of the offending vehicle ought to have been impleaded as party/non-applicant in the original case, but it was not done, therefore, the claim application of the claimant was not maintainable and, as such, the insurance company is not liable to pay the compensation. 3. I have heard learned counsel for the appellant, considered his rival submission made herein-above and went through the records with utmost circumspection. 3 4. The appellant/ insurance company in the written statement filed before the learned Claims Tribunal did not take a specific plea that the legal representatives of the deceased driver of the offending vehicle were proper and necessary party and therefore, the Claims Tribunal has no opportunity to examine that plea and therefore, new plea cannot be permitted to be raised for the first time before this Court. In that view of the matter, I do not find any merit in this appeal, the same deserves to be and accordingly dismissed. The parties shall bear their own costs. Sd/- (Sanjay K. Agrawal) Ashok Judge