(MAC No.166/2022) 2025:CGHC:41187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 166 of 2022 Branch Manager, The Oriental Insurance Company Limited, Branch Office Shaanti Nagar, In front of Railway Station Champa, Thana & Tahsil Champa, District Janjgir-Champa, Chhattisgarh. ... Appellant versus 1. Jeevan Bai, W/o Dujeram Manhar, Aged about 55 years 2. Dujeram Manhar, S/o Late Aasharam Manhar, Aged 60 years Both are R/o Gram Taaldevari, Thana Birra, Tahsil Champa, District Janjgir-Champa, Chhattisgarh. (Claimants) 3. Ajay Sahu, S/o Hero Sahu, Aged about 24 years, R/o Mandir Chowk, Taaldevari, Thana Birra, Tahsil Champa, District Janjgir- Champa, Chhattisgarh. (Driver of Tractor CG-11/DA-0435 and Trolley CG-11/DA-0434) 4. Smt. Tihaarin Bai Sahu, W/o Hero Sahu, Aged about 50 years, Resident Mandir Chowk, Taaldevari, Thana Birra, Tahsil Champa, District Janjgir-Champa, Chhattisgarh. (Owner of Tractor CG-11/DA-0435 and Trolley CG-11/DA-0434) ... Respondents For Appellant : Mr. Deepak Gupta, Advocate. For Respondents : None present, though served. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.08.18 16:48:50 +0530 (MAC No.166/2022) Judgment on Board 14/08/2025 1. The appellant Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 calling in question legality, validity and correctness of the impugned award dated 9-9- 2021 passed by the 1st Additional Motor Accident Claims Tribunal, Janjgir, District Janjgir-Champa in Claim Case No.13/2021, by which liability to pay compensation to the extent of ₹ 5,00,000/- along with interest @ 9% per annum has been fastened upon the appellant Insurance Company. 2. Mr. Deepak Gupta, learned counsel appearing on behalf of the appellant herein/Insurance Company, would submit that the deceased was the gratuitous passenger sitting in the tractor-trolley, therefore, the Insurance Company is not liable to pay the amount of compensation under award. 3. None present for the respondents, though served. 4. I have heard learned counsel appearing for the appellant Insurance Company and considered his submissions and also went through the record with utmost circumspection. 5. The Claims Tribunal relying upon the statement of witness Dhananjay has clearly recorded a finding that the deceased was not sitting in the trolley attached with the tractor, but he was a pedestrian, and rashly and negligently, the driver of the offending vehicle tractor dashed him by which he suffered injuries and died. (MAC No.166/2022) As such, the Claims Tribunal has held that the Insurance Company is liable to pay the compensation to the claimants which is the correct finding of fact based on the evidence available on record. I do not find any merit in the appeal, it deserves to be and is accordingly dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) Judge Soma