2025:CGHC:36640 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 745 of 2022 Bajaj Allianz General Insurance Company Ltd. Through Its Authorised Officer Branch Office 2nd Floor Shivmohan Bhawan Vidhan Sabha Road Pandri Raipur (Insurer), District : Raipur, Chhattisgarh … Appellant versus 1 - Sarita Kenwat W/o Late Badri Lal Kenwat Aged About 29 Years R/o Village - Khapridih P.S. Sarsinwa Tehsil - Bilaigarh, District - Balodabazar - Bhatapara (C.G,) (Claimants) 2 - Minor Divya Kenwat D/o Late Badri Lal Kenwat Aged About 9 Years Natural Guardian Mother Smt. Sarita Kenwat W/o Late Badri Lal Kenwat, R/o Village - Khapridih P.S. Sarsinwa Tehsil - Bilaigarh, District - Balodabazar - Bhatapara (C.G,) (Claimants) 3 - Minor Dipesh Kenwat S/o Late Badri Lal Kenwat Aged About 7 Years Natural Guardian Mother Smt. Sarita Kenwat W/o Late Badri Lal Kenwat, R/o Village - Khapridih P.S. Sarsinwa Tehsil - Bilaigarh, District - Balodabazar - Bhatapara (C.G,) (Claimants) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.07.29 11:01:38 +0530 4 - Minor Deepika Kenwat D/o Late Badri Lal Kenwat Aged About 5 Years Natural Guardian Mother Smt. Sarita Kenwat W/o Late Badri Lal Kenwat, R/o Village - Khapridih P.S. Sarsinwa Tehsil - Bilaigarh, District - Balodabazar - Bhatapara (C.G,) (Claimants) 5 - Rasiya Kenwat D/o Lat Hiram Kenwat Aged About 57 Years R/o Village - Khapridih P.S. Sarsinwa Tehsil - Bilaigarh, District - Balodabazar - Bhatapara (C.G,) (Claimants) 6 - Savitri Kenwat W/o Rasiya Kenwat Aged About 54 Years R/o Village - Khapridih P.S. Sarsinwa Tehsil - Bilaigarh, District - Balodabazar - Bhatapara (C.G,) (Claimants) 7 - Suraj Kumar Chandra S/o Siyaram Chandra Aged About 27 Years R/o Village - Chiknidih P.S. Bhatgaon, Tehsil - Bilaigarh District - Balodabazar - Bhatapara (C.G.) 8 - Bhagirathi Chandra S/o Shyam Lal Chandra Aged About 40 Years R/o Village - Chiknidih P.S. Bhatgaon, Tehsil - Bilaigarh District - Balodabazar - Bhatapara (C.G.) ... Respondents For Appellant : Mr. Ghanshyam Patel, Advocate For Respondents 7 & 8 : Mr. Anand Kesharwani, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 28.07 .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 26/04/2022 passed by Learned 3rd Additional Motor Accident Claims Tribunal, Balodabazar in Claim Case No. 124/2019 on the ground that the offending vehicle which has been insured by the appellant (Insurance Company) has been falsely implicated in the accident in question. 2. Facts of the case, in brief, is that on 21/05/2019 at about 06:30 PM, deceased Badrilal Kewat was returning on his motorcycle from Salonikala to village Khapridih when a pickup vehicle bearing Registration No. CG 04 JD 0481 which was being driven by respondent No. 7 herein in a rash and negligent manner, dashed him and caused the accident due to which he suffered greivous injuries on his head and while undergoing treatment in Bilaspur, he died on 26/05/2019. 3. Learned counsel for the appellant would submit that the offending vehicle which has been insured by the appellant (Insurance Company) was not involved in the accident and has been falsely implicated, as such, learned Claims Tribunal is unjustified in awarding the compensation of Rs. 17,90,000/- in favour of the claimants whereas the appellant (Insurance Company) ought to have been exonerated. 4. Learned counsel for respondents No. 7 and 8 would support the submission made by learned counsel for the appellant and submit that the impugned award is liable to be set aside. 5. I have heard learned counsel for the parties, considered their submissions and perused the record. 6. True it is that an express plea has been taken by the appellant (Insurance Company) that the offending vehicle which is insured with them has been falsely implicated in the accident in question, but surprisingly, the appellant (Insurance Company) did not led any evidence to establish the fact that the offending vehicle was not involved in the accident. Therefore, learned Claims Tribunal has rightly granted the aforesaid compensation in favour of the claimants. I do not find any good ground to interfere with the impugned award. 7. Accordingly, the instant appeal is liable to be and is hereby dismissed. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet