1 2025:CGHC:59255 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1394 of 2023 1 - Ramchandra Yadav S/o Bangal Chhunchha Aged About 47 Years R/o Vill.- Hunda, Dist. - Jounpur (U.P.) 2 - Durgawati W/o Ramchandra Yadav Aged About 44 Years R/o Vill.- Hunda, Dist. - Jounpur (U.P.) ... Appellants/Claimants versus 1 - Vinod Kumar Upadhayay S/o Shri K.R. Upadhyay R/o Plot No. 5, Street No. 11, Vivekanand Colony, Shanti Nagar, Supela, Bhilai, Dist. - Durg (C.G.). 2 - National Insurance Com. Ltd. Second Floor, Mobin Place, G.E. Road, Raipur, Dist.- Raipur (C.G.) ... Respondent(s) For Appellants : Mr. Sahil Sahu, Advocate For Respondent No. 2 : Mr. B.N. Nande, Advocate As Amicus Curiae : Mr. Sourabh Gupta, Advocate HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.12.06 12:55:26 +0530 2 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 05.12.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants/claimants challenging the impugned award dated 17/07/2023 passed by learned Additional Motor Accident Claims Tribunal, Bhatapara, District Baloda Bazar-Bhatapara (C.G.) in Claim Case No. 52/2021, whereby the application filed by the appellants/claimants under Section 166 of the Act of 1988 has been dismissed. 2. This Court vide order dated 02/12/2025 directed learned counsel for respondent No. 2/Insurance Company to seek instructions with regard to the extent of liability upon the Insurance Company. 3. Mr. B.N. Nande, learned counsel for the respondent No. 2/Insurance Company, on instructions received via mail on 02/12/2025, would submit that the Insurance Company has taken premium of Rs. 100/- which covers the workmen compensation liability of deceased driver under the Employees Compensation Act, 1923 and as such, the liability of Insurance Company would be to the extent of Rs. 11,90,653/-. 3 4. Mr. Sahil Sahu, learned counsel for the appellants/claimants, has no objection to the submission made by learned counsel for the Insurance Company. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 6. The mail received by learned counsel for respondent No. 2/Insurance Company on 02/12/2025 has been produced before the Court and is hereby taken on record and in that view of the matter, the appellants/claimants are held entitled for compensation of Rs. 11,90,653/- which will be paid by the Insurance Company within 3 months from the date of receipt of a copy of this order, however, the appellants/claimants would not be entitled to interest. 7. Accordingly, this appeal is allowed to the extent indicted herein-above. 8. While parting with the record, I appreciate the assistance rendered by Mr. B.N. Nande for getting the dispute resolved in such short notice. Sd/- (Sanjay K. Agrawal) Judge Harneet