1 2025:CGHC:50835 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 520 of 2019 Branch Manager The New India Insurance Company Ltd. Station Road, Durg, District Durg Chhattisgarh. (N.A.No. 3), District : Durg, Chhattisgarh ...Appellant versus 1 - Smt. Rukhmani Yadav Wd/o Late Tarun Yadav Patel Aged About 28 Years R/o Village Machanpar Post Tumdibod Tehsil Dongargaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 2 - Minor Thanu Yadav S/o Late Tarun Yadav Aged About 6 Years Minor, Through Their Guardina Mother Rukmani Yadav, R/o Village Machanpar Post Tumdibod Tehsil Dongargaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 3 - Minor Kumari Chiteswari Yadav D/o Late Tarun Yadav Aged About 2 Years Minor, Through Their Guardina Mother Rukmani Yadav, R/o Village Machanpar Post Tumdibod Tehsil Dongargaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 4 - Minor Kumari Ananya Yadav D/o Late Tarun Yadav Aged About 2 Years Minor, Through Their Guardina Mother Rukmani Yadav, R/o Village Machanpar Post Tumdibod Tehsil Dongargaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 5 - Santu Yadav S/o Bheekam Yadav Aged About 52 Years R/o Village Machanpar Post Tumdibod Tehsil Dongargaon District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh 6 - Smt. Amroutin Bai W/o Santu Yadav Aged About 45 Years R/o Village Machanpar Post Tumdibod Tehsil Dongargaon District Rajnandgaon 2 Chhattisgarh., District : Rajnandgaon, Chhattisgarh 7 - Abid Akhtar S/o Abdul Kadar Aged About 53 Years R/o Javahar Nagar Bhilai Tehsil And District Durg Chhattisgarh. (Driver Of Truck Bearing No. C.G.- 07/ca 6418), District : Durg, Chhattisgarh 8 - Jakir Hussain S/o Mohemmad Hussain R/o Taj Teldhani Link Road Camp 02 Bhilai Tehsil And District Durg Chhattisgarh. (Owner Of Truck Bearin No. C.G. - 07/ Ca 5756)., District : Durg, Chhattisgarh 9 - Branch Manager National Insurance Company Limited Divisional Raipur District Raipur Chhattisgarh. (Insurance Of Truck Bearing No. C.G. -07/ Ca 5756)., District : Raipur, Chhattisgarh 10 - Director A B S Broiler Privatre Limited Village Indamara Post Pendri Tehsil And District Rajnandgaon Chhattisgarh. (Owner Of Truck Bearing No. C.G. 08/l/0489) (Claimants), District : Rajnandgaon, Chhattisgarh ... Respondent(s) For Appellants : Ms. Swati Agrawal, Advocate, holding the brief of Mr. Pankaj Agrawal, Advocate For Respondent No.9 For Respondents No.1 to 6 : : Mr. Sanjay Patel, Advocate None Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 13/10/2025 1. Heard on I.A. No.02, application for condonation of delay in filing the appeal against the impugned award dated 31.07.2018 (Annexure A-1) passed by learned Motor Accident Claims Tribunal, Rajnandgaon in Claim Case No.19/2016. 3 2. Learned counsel for the appellant would submit that there is delay of 107 days in filing this appeal and same has properly been explained. 3. On the other hand, learned counsel for the respondents would oppose the submission made by counsel for the appellant. 4. Heard. 5. On due consideration, the application (I.A. No.2) is allowed and the delay of 107 days caused in filing instant appeal is hereby condoned. 6. The New India Insurance Company Ltd./appellant has challenged the award passed by the learned Motor Accident Claims Tribunal, Rajnandgaon in Claim Case No.19/2016 dated 31.07.2018, whereby the learned Tribunal has passed award to the tune of Rs. 11,74,200/- with interest @ 6 % per annum on account of death of Tarun Yadav. 7. Ms. Swati Agrawal, learned counsel for the appellant would submit that on 07.11.2015, the deceased Tarun Yadav along with one Upendra Yadav were coming from Gondiya to Gondari in Eicher Mini Tanker bearing Registration No. CG-08-L-0489. When they reached at Uraidabri, near Bagga Petrol Pump, the respondent No.7, by driving the vehicle (CG-07-CA- 5756) rashly and negligently, dashed the vehicle of the deceased, as a result, they sustained grievous injuries and died on the spot. She would further submit that the claimants who are widow, children, and parents of the deceased Tarun Yadav filed claim case under Section 166 of the Motor Accident Act, 1988 and they pleaded that insurer of the Eicher Mini Tanker (CG-08-L-0489) was insured with New India Insurance Company Limited and vehicle (CG-07-CA-5756) was insured with National Insurance Company 4 Limited. She would also submit that the learned Tribunal fastened the liability with Insurance Company of Eicher Mini Tanker, whereas, the offending vehicle which was insured with the National Insurance Company Limited was also involved in the accident. She would contend that no issue of contributory negligence was framed though specific ground was raised in this regard. She would submit that the deceased was not having valid and effective driving licence and vehicle was being plied in absence of fitness certificate. She would pray to set aside the award. 8. On the other hand, learned counsel appearing for the respondent would oppose and submit that there was no negligence on the part of the Truck bearing Registration No. CG-07-CA-5756, therefore, the learned Tribunal rightly fastened the liability with the insurance company ( insurer of Eicher Mini Tanker). He would further contend that with regard to the driving licence and fitness certificate of driver of Eicher Mini Tanker; the appellant/insurance company failed to lead evidence. He would contend that the appeal deserves to be dismissed. 9. Heard learned counsel for the parties and perused the record. 10. Perusal of the record and evidence would show that there was negligence on the part of the Eicher Mini Tanker which was being driven by the deceased Tarun Yadav. The claimant though impleaded both the insurance company but the tribunal found negligence on the part of Eicher Mini Tanker, therefore, fasten liability with the insurance company of the said vehicle. The appellant herein could not lead envidence to prove negligence on the part of the driver of the offending Truck bearing Registration No. CG-07-CA-5756. 5 11. With regard to the driving licence and fitness certificate of Eicher Mini Tanker, the appellant/insurance company could not lead evidence to prove this fact. 12. With regard to the contributory negligence, no issue was framed by the learned Tribunal and no evidence was led by the Insurance Company and for the first time, this ground is being raised. 13. Taking into consideration the findings recorded by the learned Tribunal and facts discussed above, I do not find any good ground to interfere with the award passed by the learned Tribunal. 14. Accordingly, this appeal fails and is hereby dismissed. Sd/- Rakesh Mohan Pandey JUDGE Nadim