1 MAC No. 11 of 2022 2025:CGHC:39174 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 11 of 2022  Reliance General Insurance Company Limited, through its Legal Officer, Reliance General Insurance Company Limited, 301-302, Corporate House, 169 RNT Marg, Opposite Jhabua Tower, Indore (M.P.) ... Appellant versus 1. Smt. Rubi Netam W/o Late Pappu Netam, aged about 30 years; 2. Kumari Ombai Netam D/o Late Pappu Netam, aged about 12 years; 3. Kumari Kusum Netam D/o Late Pappu Netam, aged about 11 years; Respondents No. 2 & 3 being minor represented natural guardian mother respondent No.1 Smt. Rubi Netam; 4. Santri Netam S/o Setram Netam, aged about 55 years; 5. Smt. Kavita Netam W/o Santri Netam, aged about 45 years; ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.11 11:25:31 +0530 2 MAC No. 11 of 2022 All are R/o Ward No. 08, Village Tendukona, P.S. & Tahsil Tendukona, District-Mahasamund, Chhattisgarh. (Claimants) 6. Bheneshwar Prasad Sharma S/o Dayasagar Sharma, aged about 47 years, R/o Village - Baloudi, P.S. Palari, District - Balodabazar, presently R/o Nawagaon Bagbahra, District – Mahasamund, Chhattisgarh. (Driver) 7. Dileshwar Gendre S/o Devsingh, aged about 28 years R/o Nawagaon, District – Mahasamund, Chhattisgarh. ... Respondents For Appellant :- Mr. Sourabh Gupta, Advocate For Respondents No.1 to 5 :- Mr. Sumit Shrivastava, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 06.08 .2025 1. The appellant–Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) against the impugned award dated 08.10.2021 passed by the Additional Motor Accident Claims Tribunal, Fast Track Court, Mahasamund, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. H-16/2018, by which 3 MAC No. 11 of 2022 compensation of 18,03,760/- along with interest has ₹ been awarded to the dependents of deceased Pappu Netam by fastening the liability upon the Insurance Company/appellant herein to pay the aforesaid compensation to the dependents of the deceased. 2. Mr. Sourabh Gupta, learned counsel for the appellant, would submit that the learned Claims Tribunal has committed gross error in granting compensation compensation amount of 18,03,760/- to the claimants ₹ without appreciating the fact that the deceased Pappu Netam, cleaner/conductor, was sitting open part of the body, whereas he was supposed to sit inside the cabin in order to cover the risk of cleaner/conductor. Therefore, the Insurance Company is not liable to pay the compensation to the dependents of the deceased. 3. Mr. Sumit Shrivastava, learned counsel for the claimants/respondents No.1 to 5 herein, would support the impugned award and oppose the prayer made by learned counsel for the learned counsel for the appellant. 4 MAC No. 11 of 2022 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. In the case at hand, it is an admitted position on record that the Insurance Policy has also covered the risk of the cleaner/conductor. However, it is the case of the Insurance Company that the deceased was sitting on the open part of the vehicle whereas, he was supposed to sit inside the cabin. The Insurance Company has raised the above plea in its written statement and recorded the statement of Amit Verma (NAW-1) on behalf of the Insurance Company. However, Amit Verma (NAW-1) in his statement has nowhere stated that the deceased sat on the open part/open body of the vehicle and even no evidence has been led by the Insurance Company in support of the above plea. In that view of the matter, the Insurance Company has failed to establish that the offending vehicle was being plied in terms and condition of the insurance policy, as such, the finding recorded by the Claims Tribunal is correct finding of fact based on 5 MAC No. 11 of 2022 evidence available on record and, hence, I hereby affirm the said finding of the Claims Tribunal. 6. Accordingly, the instant appeal is dismissed. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit