1 MAC No. 1310 of 2022 2025:CGHC:43036 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1310 of 2022  The New India Assurance Company Limited Through Its Divisional Manager, Divisional Office No.3, R D A Building, Bajrang Market, G. E. Road, Raipur, District : Raipur, Chhattisgarh. …… (Non-Applicant No.2) ... Appellant versus 1. Smt. Saroj Tripathi W/o Shri Sanjay Tripathi, Aged About 51 Years, Occupation- House Wife, R/o D-32, Walfort City Ring Road No.1, Post Office - D.D. Nagar, Police Station Tikarapara, District Raipur, Chhattisgarh. …. (Applicant) 2. Shivam Structural & Steel Pvt. Ltd. Through Manager. Director, Sanjay Tripathi, Address - in front of Dena Bank, G.E. Road, Tatibandh, Raipur, District Raipur, Chhattisgarh. …… (Non-Applicant No.1) ... Respondents For Appellant :- Mr. Dashrath Gupta, Advocate. For Respondent No.1 :- Mr. A.L. Singroul, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 25.08.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/Insurance Company calling in question the ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.26 17:23:57 +0530 2 MAC No. 1310 of 2022 legality, validity and correctness of the impugned award dated 03.08.2022 passed by the 11th Motor Accident Claims Tribunal, Raipur, Chhattisgarh (for brevity “Claims Tribunal”) in Claim Case No.961/2019 by which the application under Section 163-A of the Act of 1988 of the claimant for grant of compensation has been allowed and ₹5,00,000/- along with interest has been awarded to the claimant/dependent of deceased Pranjal Tripathi by fastening the liability upon the appellant herein/Insurance Company. 2. Mr. Dashrath Gupta, learned counsel for the appellant/ Insurance Company, would submit that the Claims Tribunal is absolutely unjustified in granting compensation to the claimant by fastening the liability upon the Insurance Company as since the deceased stepped into the shoes of the owner of the offending and he was not third party, the Insurance Company is not liable to pay the compensation to the claimant, as such, the impugned award is liable to be dismissed. 3 MAC No. 1310 of 2022 3. Mr. A.L. Singroul, learned counsel for the claimant, would support the impugned award and opposes the prayer made by learned counsel for the appellant. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records meticulously. 5. Admittedly, the offending vehicle was owned by Shivam Structural & Steel Pvt. Ltd., and deceased Pranjal Tripathi was working as Assistant Engineer Maintenance in the said company. Further, at the time of accident, the deceased was driving the offending vehicle in the capacity of Assistant Engineer Maintenance and in any way, he was not the owner and he was the third party, therefore, the Claims Tribunal has rightly allowed the application under Section 163-A of the Act of 1988 of the claimant. 6. In that view of the matter, the instant appeal is dismissed. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit