1 (MAC No. 1225 of 2022) 2025:CGHC:40492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1225 of 2022 1 - H.D.F.C. Ergo General Insurance Company Limited Through Manager Office-Third Floor Chawla Compex, Devendra Nagar Road, Sai Nagar, Raipur Chhattisgarh (In Surance Company Of Pickup Vehicle No. Gg11ar9903) --- Appellant(s) versus 1 - Smt Purnima Patel W/o Mahettar Patel, Aged About 27 Years R/o Gram Soniyadih, Thana - Bhatgaon, Tehsil-Bilaigadh District Baloda Bazar Chhattisgarh, Halmukam Gram Patrapali, Jindal Thana Kotra Road Raigarh, Jila Raigarh Chhattisgarh (Claimants) 2 - Minor Ranu Patel D/o Late Mahettar Aged About 7 Years Minor Hence Representing Through Their Mother Purnima Patel W/o Mahetter Patel) R/o Gram Soniyadih, Thana - Bhatgaon, Tehsil-Bilaigadh District Baloda Bazar Chhattisgarh, Halmukam Gram Patrapali, Jindal Thana Kotra Road Raigarh, Jila Raigarh Chhattisgarh (Claimants) 3 - Minor Rishabh Patel S/o Late Mahettar Patel, Aged About 3 Years Minor Hence Representing Through Their Mother Purnima Patel W/o Mahetter Patel) R/o Gram Soniyadih, Thana - Bhatgaon, Tehsil-Bilaigadh District Baloda Bazar Chhattisgarh, Halmukam Gram Patrapali, Jindal Thana Kotra Road Raigarh, Jila Raigarh Chhattisgarh (Claimants) 4 - Pyarelal Patel S/o Late Jagatram, Aged About 46 Years R/o Gram Soniyadih, Thana - Bhatgaon, Tehsil-Bilaigadh District Baloda Bazar Chhattisgarh, Halmukam Gram Patrapali, Jindal Thana Kotra Road Raigarh, Jila Raigarh Chhattisgarh ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.08.14 17:49:53 +0530 2 (MAC No. 1225 of 2022) (Claimants) 5 - Smt Pushpa Bai W/o Pyare Lal Patel, Aged About 45 Years R/o Gram Soniyadih, Thana - Bhatgaon, Tehsil-Bilaigadh District Baloda Bazar Chhattisgarh, Halmukam Gram Patrapali, Jindal Thana Kotra Road Raigarh, Jila Raigarh Chhattisgarh (Claimants) 6 - Buddheshwar Chandra S/o Devarilal Chandra Aged About 28 Years R/o Gram Tushaar Thana Jaijaipur, Tehsil - Jaijaipur District Janjgir Champa Chhattisgarh (Driver Of Pickup Vehicle No. C.G. -11-Ar-9903) 7 - Deverilal S/o Ram Bharos, Aged About 50 Years R/o Gram Tushaar Thana Jaijaipur, Tehsil- Jaijaipur, District Janjgir - Chamjpa Chhattisgarh (Owner Of Pickup Vehicle No. Cg-11-Ar- 9903) --- Respondent(s) (Cause title taken from the Case Information System) For Appellant :- Mr. Harshmander Rastogi, Advocate on behalf of Mr. N.K. Thakur, Advocate For Respondents :- None. SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 12.08.2025 1. Heard on admission. 2. 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 impugned award dated 19.07.2022 (Annexure A/1) passed by learned V Additional Motor Accident Claims Tribunal, Raigarh, District Raigarh, Chhattisgarh in Claim Case 3 (MAC No. 1225 of 2022) No.123/2021, by which compensation to the tune of Rs. 22,00,640/- along with 7.5% interest rate per annum from the date of filing of claim application has been awarded to the claimants and the liability to pay the amount of compensation has been fastened upon the appellant-insurance company. 3. Learned counsel for the appellant would submit that the learned trial Court has erred in holding that breach of policy has not been proved by the insurance company and therefore, has wrongly fastened the liability to pay the amount of compensation upon the insurance company, which is liable to be set aside. 4. None for the respondents though respondent Nos.6 & 7 have been served. 5. I have heard learned counsel for the appellant and perused the material available on records with utmost circumspection. 6. Though the insurance company has specifically taken a plea that the deceased was traveling as a passenger in a goods vehicle in which he was not authorized to sit and the risk of passenger traveling in a goods vehicle is not covered under the insurance policy and has examined one 4 (MAC No. 1225 of 2022) Deepak Soni, Law Officer in support of the aforesaid plea, however, the Claims tribunal has not accepted the same holding that he is not the eye-witness and no investigation report has been submitted by the insurance company in this regard and also no evidence has been led to prove that the deceased was traveling in a goods vehicle in violation of the insurance policy and thereby, proceeded to fasten the liability to pay the compensation upon the appellant-insurance company. As such, the said finding recorded by the learned Claims Tribunal, in my considered opinion, is a correct finding of facts based on the materials available on record and the same is neither perverse nor contrary to the record. In that view of the matter, I do not find any good ground to entertain the instant appeal. 7. Accordingly, this appeal deserves to be and is hereby dismissed, at admission stage, being devoid of merit. 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!