1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1937 of 2019  Ujagir Prasad Gupta S/o Late Praduman Prasad Gupta Aged About 37 Years R/o Village Salgaonkala, Post, Thana And Tahsil Sonhat, District Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Appellant(s) versus 1. Smt. Lalita Rajwade W/o Late Ramlakhan Aged About 27 Years Caste Rajwar, R/o Village Salgaonkala, Post, Thana And Tahsil Sonhat, District Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 2. Bhumika D/o Late Ramlakhan Aged About 11 Years Minor Through Her Represent Mother Smt. Lalita Rajwade, W/o Late Ramlakhan, Caste Rajwar, R/o Village Salgaonkala, Post, Thana And Tahsil Sonhat, District Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 3. Anish Kumar S/o Late Ramlakhan Aged About 8 Years Minor Through Her Represent Mother Smt. Lalita Rajwade, W/o Late Ramlakhan, Caste Rajwar, R/o Village Salgaonkala, Post, Thana And Tahsil Sonhat, District Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 4. Vivit Kumar S/o Late Ramlakhan Aged About 6 Years Minor Through Her Represent Mother Smt. Lalita Rajwade, W/o Late Ramlakhan, Caste Rajwar, R/o Village Salgaonkala, Post, Thana And Tahsil Sonhat, District Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh Digitally signed by AJINKYA PANSARE Date: 2025.09.18 16:52:30 +0530 2 5. Shivlal S/o Nansai Aged About 62 Years Caste Rajwar, R/o Village Salgaonkala, Post, Thana And Tahsil Sonhat, District Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 6. Jagmatiya Bai W/o Shivlal Aged About 60 Years Caste Rajwar, R/o Village Salgaonkala, Post, Thana And Tahsil Sonhat, District Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 7. Shiv Kumar Gupta S/o Gunnilal Gupta Aged About 26 Years R/o Village Aangaputa, Police Station Patna, Tahsil Baikunthpur, District Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 8. Branch Manager National Insurance Company Limited, Branch Office Rajnandgaon, District Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ... Respondent(s) For Appellant : Mr. Achyut Tiwari, Advocate For Respondents No. 1 to 6 : Mr. Vijay Shankar Mishra, Advocate on behalf of Mr. Kaushal Yadav, Advocate For Respondent No. 8 : Mr. B.N. Nande, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 18/09/2025 1) By way of this appeal, appellant/ driver of the offending vehicle has challenged the award passed by learned Motor Accident Claims Tribunal, Baikunthpur, District – Koriya (C.G.) in Claim Case No. 86/2017 dated 05.09.2019 whereby learned Tribunal has passed an award to the tune of Rs. 9,20,500/- on account of death of deceased Ramlakhan @ Bhola and fastened the liability on the driver and owner of offending vehicle. 2) Facts of the present as per claim application are that on 3 08.12.2016, the appellant while driving motor cycle bearing registration No. CG–16–CF–2156 caused an accident and pillion rider Ramlakhan @ Bhola fell down from the vehicle and died on the same date. 3) Learned counsel appearing on behalf of appellant submits that claimants failed to prove negligence on the part of appellant/ driver of the offending vehicle and exaggerated their claim. He further submits that the vehicle was insured with the respondent No. 8 – Insurance Company, therefore learned Tribunal ought to have fastened the liability with the Insurance Company. He prays to set aside the award. 4) On the other hand, learned counsel appearing for respondent – Insurance Company submits that the insurance policy submitted by the driver and owner of offending vehicle was found to be forged and a complaint was made by the Insurance Company against driver and owner before the concerned Police Station. He further submits that as the policy was found forged one, learned Tribunal fastened the liability with owner and driver of offending vehicle. 5) Learned counsel appearing on behalf of respondents – claimants submits that learned Tribunal has passed just and proper compensation and this appeal deserves to be dismissed. 6) Heard learned counsel for the parties and perused the record with utmost circumspection. 7) Perusal of the record would indicate that deceased was pillion 4 rider and the motorcycle was being driven by the appellant herein rashly and negligently, which resulted in accident. In the accident, Ramlakhan @ Bhola sustained grievous injuries and died on the same date i.e. 08.12.2016. At the time of accident, age of deceased was 35 years. Learned Tribunal after appreciating documentary as well as oral evidence, passed an award to the tune of Rs. 9,20,500/- with interest @ 9 % p.a. and fastened liability on the owner and driver. 8) Insurance Company pleaded and proved before the learned Tribunal that policy submitted by the appellant was forged, therefore, learned Tribunal rightly exonerated the Insurance Company. Further, deceased was a pillion rider, therefore arguments raised by Mr. Tiwari are not available to him. 9) Considering the above-discussed facts and the findings recorded by learned Tribunal, I do not find any ground to interfere with the award. Consequently, this appeal stands dismissed. No order as to cost(s). Sd/- Rakesh Mohan Pandey JUDGE A j i n k y a