1 2025:CGHC:38532 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1360 of 2022 United India Insurance Company Limited, Through Its Branch Manager, Branch Office- Micro Branch, Paras Complex, State Bank Of India, Near Gurudwara, Station Road Durg, District : Durg, Chhattisgarh .............(Non- Applicant No. 3) ... Appellant versus 1 - Gyanik Sahu, S/o. Mannulal Sahu, Aged About 47 Years, R/o. Village- Mohandi, P.O. Bijetala, Police Station- Ghumka, Tahsil & District- Rajnandgaon (C.G.) ................(Applicant No. 1) 2 - Ku. Jiteshwari @ Geeteshwari Sahu, D/o. Gyanik Sahu, Aged About 17 Years, Minor, Through Father- Gyanik Sahu, S/o. Mannulal Sahu, R/o. Village- Mohandi, P.O. Bijetala, Police Station- Ghumka, Tahsil & District- Rajnandgaon (C.G.) ...........(Applicant No. 2) 3 - Dharmendra Kumar Verma, S/o. Jeewanlal Verma, Aged About 35 Years, R/o. Village- Dorki, P.O. Chicha, Police Station- Bori, Tahsil- Dhamdha, District Durg (C.G.) ...........(Driver Of Tractor Bearing Registration No. C.G.07D2726 & Trolley No. C.G. 07AU-1668) ...........(Non Applicant No. 1) 4 - Jeewanlal Verma, S/o. Prahlad Singh Verma, Aged About 62 Years, R/o. Village- Dorki, P.O. Chicha, Police Station- Bori, Tahsil- Dhamdha, District Durg (C.G.)........(Owner Of Tractor Bearing Registration No. C.G. 07D2726......(Non Applicant No. 2) ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.08.06 10:41:30 +0530 2 5 - Jitendra Kumar Verma, S/o. Jeewanlal Verma, Aged About 46 Years, R/o. Village- Dorki, P.O. Chicha, Police Station- Bori, Tahsil- Dhamdha, District Durg (C.G.)...........(Owner Of Trolley No.C.G. 07AU-1668)...........(Non Applicant No. 3) ... Respondents For Appellant : Mr. Dashrath Gupta, Advocate For Respondents No.1 & 2 : Mr. Devendra Kumar Bhardwaj, Advocate on behalf of Mr. Roop Ram Naik, Advocate For Respondents No.3, 4 & 5 : Mr. Abhishek Sharma, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 04/08/2025 1. The appellant/insurer has preferred this appeal under Section 173 of the Motor Vehicles Act questioning the award dated 22.07.2022 passed by the learned Additional Motor Accident Claims Tribunal, Rajnandgaon in Claim Case No.36/2021 to the extent of liability fastened upon the insurance company. 2. Learned counsel for the appellant would submit that the deceased Sohadra Bai was sitting in the trolley of the tractor, therefore, the terms of the insurance policy has been violated and, as such, the insurance company is not liable to pay compensation. 3 3. Learned counsel appearing for the respondents would support the impugned award and submit that the appeal preferred by the appellant is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. Learned Claims Tribunal has clearly recorded a finding that the deceased Sohadra Bai was not sitting in the trolley and the appellant/insurance company has not led any evidence that the deceased was sitting in the trolley. In that view of the matter, the liability fastened upon the insurance company is in accordance with law and, as such, I do not find any merit in this appeal, the same liable to be and accordingly dismissed. The parties shall bear their own costs. Sd/- (Sanjay K. Agrawal) Ashok Judge