1 (MAC No. 821 of 2022) 2025:CGHC:39511 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 821 of 2022 1 - United India Insurance Co. Ltd. Through Branch Manager, Branch Office, Shop No. 15, Paras Complex Near Gurudwara Station Road Durg Tahsil And District Durg Chhattisgarh , Through T.P. Hub/divisional Manager United India Insurance Co. Ltd. Magarpara Road Bilaspur District Bilaspur Chhattisgarh --- Appellant(s) versus 1 - Smt. Uma Wd/o Late Digamber Patel Aged About 28 Years R/o House No. 5 Ward No.1, Bagnara P.S. And Tahsil Ambagarh Chowki District Rajnandgaon Chhattisgarh (Claimants) 2 - Miss Tanisha D/o Late Digamber Patel Aged About 9 Years Minor Represented Through Respondent No. 1 I.E. Smt. Uma (Mother) R/o House No. 5 Ward No.1, Bagnara P.S. And Tahsil Ambagarh Chowki District Rajnandgaon Chhattisgarh (Claimants) 3 - Jhankar Patel S/o Late Digamber Patel Aged About 6 Years Minor Represented Through Respondent No.1 I.E. Smt. Uma (Mother) R/o House No. 5 Ward No.1, Bagnara P.S. And Tahsil Ambagarh Chowki District Rajnandgaon Chhattisgarh (Claimants) 4 - Kamta Ram S/o Mehtaru Patel Aged About 60 Years R/o House No. 5 Ward No.1, Bagnara P.S. And Tahsil Ambagarh Chowki District Rajnandgaon Chhattisgarh (Claimants) 5 - Smt. Santri Patel W/o Kamta Patel Aged About 51 Years R/o House No. 5 Ward No.1, Bagnara P.S. And Tahsil Ambagarh Chowki District Rajnandgaon Chhattisgarh (Claimants) ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.08.12 11:24:40 +0530 2 (MAC No. 821 of 2022) 6 - Navin Borkar S/o Lakhan Lal Borkar Aged About 30 Years R/o Biharikala P.S. And Tahsil Abagarh Chowki District Rajnandgaon Chhattisgarh ..... (Driver Of Offending Vehicle) 7 - Sohan Lal Dewangan S/o Shri Ram Krishan Dewangan Aged About 32 Years R/o Village Dhourabhata P.S. Utai Tahsil Patan District Durg Chhattisgarh .... (Owner Of The Offending Vehicle) --- Respondent(s) (Cause-title taken from the Case Information System) For Appellant :- Mr. Pravin Kumar Tulsyan, Advocate For Respondent Nos.1 to 5 :- Mr. S.P. Sahu, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 07.08 .2025 1. The appellant-insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) calling in question the legality, validity and correctness of award dated 13.05.2022 (Annexure A/1) passed by learned Motor Accident Claims Tribunal, Rajnandgaon, District Rajnandgaon, Chhattisgarh, by which the liability to pay the amount of compensation to the tune of Rs. 18,83,760/- along with 6% interest from the date of claim application has been fastened upon the insurance company. 2. Mr. Pravin Kumar Tulsyan, learned counsel for the appellant-insurance company would submit that the 3 (MAC No. 821 of 2022) deceased died on account of his own negligence and, therefore, the insurance company be exonerated from the liability to pay the amount of compensation awarded to the claimants. He would rely upon the decision of the Supreme Court in the matter of Nishan Singh v. Oriental Insurance Company Ltd. Through Regional Manager1 to buttress his submission. 3. Learned counsel for respondent Nos.1 to 5/claimants would support the impugned award. 4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the material available on records with utmost circumspection. 5. A careful perusal of the written statement filed by the insurance company would show that in para 24 the insurance company has taken specific plea that the deceased – Digambar Patel died on account of his own negligence while driving his motor cycle and the offending vehicle was not involved in the accident. However, no evidence has been led on behalf of the appellant- insurance company to establish that there was negligence on the part of the deceased. 1 AIR 2018 SC 2118 4 (MAC No. 821 of 2022) 6. The learned Claims Tribunal after appreciation of oral and documentary evidence available on record has categorically held that the insurance company has failed to led any evidence to establish that the deceased - Digambar Patel died on account of his own negligence. As such, the finding recorded by the learned Claims Tribunal, in my considered opinion, is a correct finding of fact based on the evidence available on record and the same is neither perverse nor contrary to the record. Thus, I do not find any good ground to interfere with the impugned award. 7. In that view of the matter, the instant appeal deserves to be and is accordingly, dismissed, leaving the parties to bear their own cost(s). 8. Let a certified copy of this order be transmitted to the concerned Motor Accident Claims Tribunal for necessary information and action, if any. Sd/- (Sanjay K. Agrawal) Judge @d!t!