1 2025:CGHC:51090 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 238 of 2024 1 - Smt. Fuleshwari Sahu W/o Late Ramprasad Sahu Aged About 44 Years R/o House No. 393. Uday Nagar Ward, Shiv Nagar, Abhanpur District Raipur Chhattisgarh. 2 - Rajesh Sahu S/o Late Ramprasad Sahu, Aged About 29 Years R/o House No. 393. Uday Nagar Ward, Shiv Nagar, Abhanpur District Raipur Chhattisgarh. 3 - Vinod Kumar Sahu S/o Ramprasad Sahu, Aged About 25 Years R/o House No. 393. Uday Nagar Ward, Shiv Nagar, Abhanpur District Raipur Chhattisgarh. ... Appellants versus Tata A.I.G. General Insurance Company Limited Through Incharge Officer, Office At First Floor, 106, 107, Walfort Ozone Bilaspur Road, Fafadeeh, Raipur Chhattisgarh (Insurer Of Offending Vehicle CG-19, BN- 4307). ... Respondent For Appellants : Ms. Prachi Singh, Advocate For Respondent : Ms. Harneet Kaur, Advocate, holding the brief of Mr. Sourabh Sharma, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 2 14/10/2025 1. The appellants/claimants have filed this appeal against award passed by the learned Ist Motor Accident Claims Tribunal, Raipur in a Claim Case No. 104/2023, dated 10.11.2023, whereby the learned Tribunal has dismissed the claim petition of the claimants. 2. Ms. Prachi Singh, learned counsel for the appellants would submit that on 30.12.2021, at about 12:30 Hrs. the deceased Dharmendra Kumar Sahu was going Kanker on his own motorcycle (CG-19-BN- 4307) from Ratesara, along with his friend Neeraj Yadav. She would further submit that when they reached near village Telgara, the deceased lost balance and fell down, as a result, he sustained grievous injury and died during the course of treatment on 04.01.2022. 3. She would further submit that the claim application was filed before the learned Claims Tribunal by the claimants, claiming compensation to the tune of Rs. 15 lakh according to the personal accident liability as premium of Rs. 330 was paid by the deceased in this regard. She would contend that the policy was valid for period from 20.03.2021 to 19.03.2026, but the learned Tribunal ignored this fact and dismissed the claim petition on the ground that risk of driver of the vehicle in question was not covered under personal accident coverage; thus, she would pray to set-aside the award passed by the learned Tribunal. 4. On the other hand, Ms. Harneet Kaur, learned counsel appearing for the respondent would oppose and submit that the learned Tribunal passed the award taking into consideration material 3 available on record; thus, she would submit that this appeal deserves to be dismissed. 5. Heard learned counsel for the parties and perused the record. 6. Perusal of the two wheeler package policy No.31933658430001 (Ex.D-1) issued for the vehicle in question, would reveal that it was valid from 20.03.2021 till 19.03.2026; it was a comprehensive (package) policy. An additional premium of Rs. 330 was paid towards the Personal Accident (PA) cover for the owner-cum- driver of the vehicle. The policy thus provided compulsory PA coverage of Rs. 15,00,000/- for one year in favour of the owner- cum-driver, but the learned Tribunal failed to consider the same and dismissed the claim petition of the claimants. 7. The findings recorded by the learned Tribunal are contrary to the facts and thus, the award dated 10.11.2023 is not sustainable in the eyes of law. Accordingly, the award dated 10.11.2023 passed in Claim Case No. 104/2023 by the learned Ist Motor Accident Claims Tribunal, Raipur is hereby set-aside and the matter is remitted back to the concerned Tribunal to decide it afresh after affording due opportunity of hearing to the parties. 8. Parties are directed to appear before concerned Tribunal on 02.12.2025. 9. Accordingly, the appeal is hereby allowed. Sd/- Rakesh Mohan Pandey JUDGE Nadim