Page No.1 of 3 IN MAC-1217-2023 2025:CGHC:59977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1217 of 2023 [Arising out of award dt. 20.01.2023, passed in Claim Case No.146/2021 (Chhattar Singh and another v. Tuleshwar Mahto and another) by the 5th Addl. Motor Accident Claims Tribunal, Raigarh (CG)] The New India Insurance Company Limited Through Branch Manager, The New India Insurance Company Ltd. Near Kewdabadi Bus Stand, Infront Of Durga Mandir, By The Side Of State Bank Of India Main Branch, Raigarh Tahsil And District Raigarh (Chhattisgarh) ... Appellant Versus 1 - Chhattar Singh S/o Late Ram Singh Rathiya Aged About 41 Years Resident- Village Maharaj Ganj, Tahsil- Dharamjaigarh, District Raigarh (Chhattisgarh) Present Resident- Village Jobi, Tahsil Kharsia, District Raigarh (Chhattisgarh) 2 - Dilip Singh S/o Ram Singh Aged About 58 Years Resident- Village Maharajganj, Tahsil Dharamjaigarh, District Raigarh (Chhattisgarh) 3 - Tuleshwar Mahto S/o Devnath Mahto Aged About 41 Years Occupation Vehicle Driver And Vehicle Owner Resident- Jam Singh Ichhatu Ramgarh Kent Hazaribagh (Jharkhand), Present Resident Through Sumit Duhupad Punjabi Colony Katora Talab Raipur, District Raipur (Chhattisgarh) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. P Dutta, Advocate on behalf of Mr. Sudhir Agrawal, Advocate ------------------------------------------------------------------------------------------------ SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 3 IN MAC-1217-2023 Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 10.12.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellant- Insurance Company challenging the impugned award dt. 20.01.2023, passed in Claim Case No.146/2021 (Chhattar Singh and another v. Tuleshwar Mahto and another) by the 5th Addl. Motor Accident Claims Tribunal, Raigarh (CG), whereby the learned Claims Tribunal has allowed the claim application of the respondent/claimants and awarded compensation to the tune of Rs.8,38,640/- alongwith interest @ 7.5% PA from the date of claim and said amount is held to be payable by the appellant-Insurance Company. 2. Learned counsel for the appellant would make sole submission that on the date of accident, the offending vehicle was being plied in breach of the policy condition and, therefore, the appellant- Insurance Company has wrongly been held liable to pay compensation to the claimants. Thus, the impugned award is liable to be set aside. 3. None for the respondents. 4. I have heard learned counsel for the appellant, considered his submissions made herein-above and went through the records with utmost circumspection. Page No.3 of 3 IN MAC-1217-2023 5. In the case at hand, the learned Claims Tribunal after appreciating the oral and documentary evidence available on record has clearly recorded a finding that on the date of accident the driver- cum-owner of the offending vehicle i.e. Truck being No. CG-04-MA- 2717, plied the same in rash and negligent manner and dashed the vehicle in which the deceased was traveling i.e. Pick-up being No.CG-12-AZ-6766 and, due to which, the deceased suffered injuries and died. Even, no offence has been registered against the Pick-up being No.CG-12-AZ-6766, in which the deceased was traveling. Since the offending vehicle i.e. Truck being No. CG-04-MA-2717 was insured with the appellant-Insurance Company, the learned Claims Tribunal fastened the liability to pay compensation upon the appellant, which, finding in the considered opinion of this Court is correct finding of fact based on evidence available on record and same is neither perverse nor contrary to the record. As such, I do not consider it a fit case warranting interference in the impugned award, passed by the learned Claims Tribunal. 6. Accordingly, I do not find any merit in this appeal. It deserves to be and is hereby dismissed. Sd/- (Sanjay K. Agrawal) Judge s@if