1 2025:CGHC:57773 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 722 of 2022 The Oriental General Insurance Company Limited Through Branch Manager, Manendragarh Road, Near Ambedkar Chowk, Nagar Ambikapur, Dist.- Sarguja (C.G.) Through - Regional Manager, The Oriental Insurance Company Limited, R.K. Plaza, Pachpedinaka, Tahsil And Dist. Raipur (Insurer Of Motor Cyclr No. Cg-15-Cy-2119) ... Appellant versus 1 - Budhan Urao S/o Kedava Urao Aged About 46 Years R/o Village Podikala (Pandopara), Thana And Tahsil Darima Dist. Saguja (C.G.) (Claimants) 2 - Abhishek Kujur S/o Budhan Ram Kujur Aged About 24 Years R/o Village Podikala (Pandopara), Thana And Tahsil Darima Dist. Saguja (C.G.) (Claimants) 3 - Amar Sai S/o Budhan Aged About 13 Years (Minor - Through Natural Father Res.No.1) R/o Village Podikala (Pandopara), Thana And Tahsil Darima Dist. Saguja (C.G.) (Claimants) 4 - Amarlila Kujur S/o Budhan Urao Aged About 19 Years R/o Village Podikala (Pandopara), Thana And Tahsil Darima Dist. Saguja (C.G.) (Claimants) 5 - Sandip Kumar Toppo S/o Late Pansai Toppo Aged About 25 Years (Driver Of Vehicle Motor Cycle No. Cg-15-Cy-2119) R/o HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.28 11:29:56 +0530 2 Village Bhalukachhar, (Charpara), Bhrgawa, Thana And Tahsil Darima, Dist.- Sarguja (C.G.) 6 - Dharmendra Toppo S/o Late Pansai Toppo (Owner Of Vehicle Motor Cycle No. Cg-15-Cy-2119) R/o Village Bhalukachhar, (Charpara), Bhrgawa, Thana And Tahsil Darima, Dist.- Sarguja (C.G.) ... Respondent(s) For Appellant : Mr. Harshmandar Rastogi, Advocate For Respondents No. 1 - 5 : Mr. Vivek Sahu, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 27.11.2025 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 challenging the impugned award dated 13/01/2022 passed by learned Motor Accident Claims Tribunal, Sarguja (C.G.) in Claim Case No. 127/2020, whereby learned Claims Tribunal has awarded a total sum of Rs. 11,72,500/- as compensation to respondents No. 1 to 4/claimants and the liability of payment of compensation has been fastened upon the appellant/Insurance Company. 2. Learned counsel for the appellant/Insurance Company would submit that respondent No. 1 has remarried as 3 deceased was a woman of unsound mind and as such, respondent No. 1 would not be entitled for compensation. 3. Learned counsel for respondents No. 1 to 4 would support the impugned award and submit that the compensation awarded by learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. A careful perusal of the record would show that the appellant/Insurance Company has though taken the plea in their written statement that respondent No. 1 has remarried as the deceased was a woman of unsound mind and as such, he will not be entitled to compensation, however, the appellant/Insurance Company has not led any evidence in this regard and therefore, no specific finding has been recorded by the Claims Tribunal also. In that view of the matter, I do not find any merit in this appeal. 6. Accordingly, this appeal is hereby dismissed being devoid of merits, leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet