(MAC No.1075/2023) 2025:CGHC:61564 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1075 of 2023 {Arising out of award dated 5-4-2023 passed by the 2nd Additional Motor Accident Claims Tribunal, Dantewada, District South Bastar in Claim Case No.68/2021} Oriental Insurance Company Limited, Hotel Laxman Avenue, Medical College Road, Jagdalpur, District Bastar, Chhattisgarh. (Non-applicant No.3) ... Appellant versus 1. Smt. Bedubai, W/o Late Jagmohan Ram Thakur, aged about 50 years, R/o Devari Bunglow, Tahsil Doundilohara, District Balod, Chhattisgarh. (Claimant) 2. Rajendra Kumar Bairagi @ Ravi, S/o Pancham Das, aged about 38 years, R/o Madan Mahal, Jabalpur, Gupteshwar Ward, District Jabalpur (M.P.), Presently residing at In the House of Rajesh Vedi, Nearby Government Hospital, Bacheli, P.S. Bacheli, District South Bastar Dantewada, Chhattisgarh. (Driver) (Non-applicant No.1) 3. Smt. Aruna Bedi, W/o Rajesh Bedi, aged about 45 years, R/o Ward No.4, Nearby Government Hospital, R.E.S. Colony, Bacheli, Tahsil Bacheli, District South Bastar Dantewada, Chhattisgarh. (Owner) (Non-applicant No.2) ... Respondents For Appellant : Mr. Anil Gulati, Advocate. For Respondents No.2 & 3 : Mr. Shrawan Agrawal, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 17/12/2025 SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.12.19 14:10:05 +0530 (MAC No.1075/2023) 1. The appellant Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 against the impugned award dated 5- 4-2023 passed by the 2nd Additional Motor Accident Claims Tribunal, Dantewada, District South Bastar in Claim Case No.68/2021, by which while granting the application for compensation to the claimant, the liability to pay compensation of ₹ 10,85,000/- has been fastened upon the Insurance Company. 2. The only ground pressed into service on behalf of the Insurance Company is, the deceased was trying to board the running truck on account of which he fell down and suffered death, therefore, the Insurance Company is not responsible. However, a careful perusal of the record and findings of the Claims Tribunal would show that the Insurance Company has failed to plead and establish evidence to this effect and on the basis of FIR Ex.A-1 and final report Ex.A-6, it is established that the death occurred on account rash and negligent driving of the offending vehicle by the driver for which driver Rajendra Kumar Bairagi has been charged for offences under Sections 279, 337 & 304A of the IPC, though no evidence has been led except the self-serving statement of the officer of the Insurance Company namely Rajeshwar Dahariya (NAW-1), who is not eyewitness to the incident. In that view of the matter, the Claims Tribunal has rightly fastened liability upon the Insurance Company. I do not find any merit in this appeal, it deserves to be and is accordingly dismissed, without there being any order as to cost(s). Sd/- (Sanjay K. Agrawal) JUDGE Soma