1 2025:CGHC:34238 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 169 of 2022 Shriram General Insurance Company Limited Through Branch Manager, Branch Office- Agrasen Chowk, Near Telephone Exchange, Bilaspur, District Bilaspur Chhattisgarh. … Appellant versus 1 - Krishnabai Wd/o Late Shri Shankardas Manikpuri, Aged About 55 Years R/o Village Bhadesar, Thana Pamgarh, Tehsil Janjgir, District Janjgir Champa Chhattisgarh. (Claimant) 2 - Purandas, S/o Jiwandas Manikpuri, Aged About 45 Years R/o Village Varpali, Ratanpur, Tehsil Ratanpur, District Bilaspur Chhattisgarh. (Driver) ... Respondents For Appellant : Mr. Utsav Mahiswar, Advocate For Respondent No. 1 : Mr. Pawan Kumar Kashyap on behalf of Mr. Pushpendra Kumar Patel, Advocates 2 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 18.07 .2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant challenging the impugned award dated 06/09/2021 passed by Learned 1st Additional Motor Accidents Claims Tribunal Janjgir, District Janjgir-Champa in Claim Case No. 56/2020, whereby learned Claims Tribunal has awarded a total sum of Rs. 16,04,382/- as compensation in favour of respondent No. 1 (claimant) for the death of her son Bisahudas, aged about 30 years, who was employed in a private company. 2. Learned counsel for the appellant would submit that there is a delay of 168 days in lodging the FIR and it was lodged against unknown vehicle, therefore, the Claims Tribunal has erred in granting the aforesaid compensation by holding that death of deceased Bisahudas occurred on account of the motorcycle bearing Registration No. CG-11- AV-5597 which was owned and driven by respondent No. 2 and thereby, fastening the liability of payment of compensation upon the appellant (insurance company). 3 3. Learned counsel for the respondent No. 1 would support the impugned award and submit that the instant appeal is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their submissions and perused the record. 5. Learned Claims Tribunal, after appreciation of oral and documentary evidence on record, has clearly recorded a finding that the accident occurred on account of rash and negligent driving of respondent No. 2 which led to the death of Bisahudas, who was sitting as a pillion rider in the motorcyle bearing Registration No. CG-11-AV-5597 and since the appellant herein (Insurance Company) failed to prove the breach of insurance policy, the liability of payment of compensation lies upon them (appellant), which is a pure and simple finding of fact. It is neither perverse nor contrary to the record and does not warrant any interference by this Court. Moreover, the argument of delay in lodging FIR would not lead to setting aside of the impugned award. As such, I do not find any merit in this appeal 6. Accordingly, the instant appeal is liable to be and is hereby dismissed. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet