1 2025:CGHC:30753 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1197 of 2018 1 - Bajaj Allianz General Insurance Company Limited, 3rd Floor, C/o Guru Kripa Towar , Vyapar Vihar Opposite Ambar Automobiles , Bilaspur Tahsil And District Bilaspur Chhattisgarh. ( Insurer Of Vista Car No. C G 10-F.A.-0434), District : Bilaspur, Chhattisgarh --- Appellant versus 1 - Smt. Sarita Bai Dhiwar Wd/o Rajesh Kumar Dhiwar Aged About 26 Years R/ At Village - Gadhvat , Thana Ratanpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Sujit Kumar Dhiwar S/o Late Rajesh Kumar Dhiwar Aged About 6 Years Minor, Represented Through Natural Guardian Mother Smt. Sarita Bai Dhiwar, R/ At Village - Gadhvat , Thana Ratanpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - Santosh Kumar Dhiwar S/o Late Rajesh Kumar Dhiwar Aged About 1 Years Minor, Represented Through Natural Guardian Mother Smt. Sarita Bai Dhiwar, R/ At Village - Gadhvat , Thana Ratanpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - Asharam Dhiwar S/o Late Bhuwan Lal Dhiwar Aged About 60 Years R/ At Village - Gadhvat , Thana Ratanpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 5 - Smt. Amrika Bai Dhiwar W/o Asharam Dhiwar Aged About 55 Years R/ At Village - Gadhvat , Thana Ratanpur, District Bilaspur Chhattisgarh. ( Claimants ), District : Bilaspur, Digitally signed by GOPAL SINGH Date: 2025.07.28 10:59:39 +0530 2 Chhattisgarh 6 - Beniram Shrivas S/o Ramkhilavan Shrivas Aged About 33 Years R/o Kirti Nagar, Sirigitti, Thana - Sirigitti, Tahsil And District Bilaspur Chhattisgarh. ( Driver Of Vista Car No. C G 10-F.A.-0434), District : Bilaspur, Chhattisgarh 7 - Mahadev S/o S/o Janai Yadav Aged About 35 Years R/o Kirti Nagar, Sirigitti Thana Sirigitti, Tahsil And District Bilaspur Chhattisgarh. ( Owner Of Vista Car No. C G 10-F.A.- 0434), District : Bilaspur, Chhattisgarh --- Respondents MAC No. 1215 of 2018 1 - Bajaj Allianz General Insurance Company Limited 3rd Floor, C/o Guru Kripa Tower, Vyapar Vihar, Opposite Ambar, Automobiles, Bilaspur, Tahsil And District Bilaspur Chhattisgarh. (Insurer Of Vista Car No. C.G. 10-F.A. - 0434)., District : Bilaspur, Chhattisgarh --- Appellant Versus 1 - Smt. Triveni Bai Kashyap Wd/o Bhaskar Prasad Kashyap, Aged About 35 Years R/o Village - Gadhvat, Thana - Ratanpur, District Bilaspur Chhattisgarh (Claimants), District : Bilaspur, Chhattisgarh 2 - Vasu Kashyap S/o Late Bhaskar Prasad Kashyap, Aged About 11 Years Minor Represented Through Natural Guardian Mother Smt. Triveni Bai Kashyap, R/o Village - Gadhvat, Thana - Ratanpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - Smt. Mongra Bai, W/o Late Ramkishun Kashyap, Aged About 65 Years R/o Village - Gadhvat, Thana - Ratanpur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - Beniram Shrivas S/o Ramkhilavan Shrivas, Aged About 33 Years R/o Kirti Nagar, Sirigitti, Thana - Sirigitti, Tahsil And District Bilaspur Chhattisgarh. (Driver Of Vista Car No. C.G. 10-F.A. - 0434), District : Bilaspur, Chhattisgarh 3 5 - Mahadev, S/o Janai Yadav, Aged About 35 Years R/o Kirti Nagar, Sirigitti, Thana - Sirigitti, Tahsil And District Bilaspur Chhattisgarh. (Owner Of Vista Car No. C.G. 10-F.A. - 0434), District : Bilaspur, Chhattisgarh --- Respondents For Appellant : Shri Prashant Sahu, Advocate on behalf of Shri Sangeet Kumar Kushwaha, Advocate For Respondents : None Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 04/07/2025 1. Both the appeals arise out of the same accident and, therefore, they are disposed of by this common order. 2. MAC No.1197 of 2018 arise out of the award dated 5.3.2018 passed by the 7th Additional Motor Accidents Claims Tribunal, Bilaspur in Claim Case No.405 of 2015 in which compensation of Rs.7,75,600/- has been granted to the claimants. MAC No.1215 of 2018 arise out of the award dated 5.3.2018 passed by the 7th Additional Motor Accidents Claims Tribunal, Bilaspur in Claim Case No.410 of 2015 in which compensation of Rs.44,51,685/- has been granted to the claimants. In both the cases, the insurance company/appellant herein has been held liable to pay the compensation. 3. The claimants/respondents No.1 to 5 in MAC No.1197 of 2018 had 昀椀led a claim application under Section 166 of the Motor Vehicles Act, 1988 on account of death of Rajesh Kumar Dhiwar in an accident which took place on 19.5.2015. It was 4 pleaded by the claimants that on the date of accident, deceased Rajesh Kumar Dhiwar was going to Pendra from Gadhvat driving a motorcycle with Bhaskar Prasad Kashyap. Near Gadhvat Nursery, they were hit by Vista Car bearing No.CG 10 FA 0434 (o昀昀ending vehicle). The driver of the o昀昀ending vehicle drove the vehicle rashly and negligently and caused the accident. 4. The claimants/respondents No.1 to 3 in MAC No.1215 of 2018 had 昀椀led a claim application under Section 166 of the Motor Vehicles Act, 1988 on account of death of Bhaskar Prasad Kashyap in an accident that took place on 19.5.2015. It was pleaded by the claimants that on the date of accident, deceased Bhaskar Prasad Kashyap was going to Pendra from Gadhvat sitting behind in a motorcycle being driven by Rajesh Kumar Dhiwar. Near Gadhvat Nursery, they were hit by Vista Car bearing No.CG 10 FA 0434 (o昀昀ending vehicle). The driver of the o昀昀ending vehicle drove the vehicle rashly and negligently and caused the accident. 5. Learned counsel for the appellant/insurance company while challenging the award submits that the involvement of the vehicle itself is in doubt. The FIR of the said accident was lodged after delay of two months and as such due to non- involvement of the o昀昀ending vehicle the insurance company cannot be held to be liable for payment of the compensation. 6. No one appears for the respondents. Service of notice has 5 been e昀昀ected. One of the minor respondents was not served. 7. From the evidence, there is nothing to show that the name of o昀昀ending vehicle has been incorrectly mentioned in the FIR. There is no connivance, as such appearing from the record. 8. Accordingly, I do not 昀椀nd any ground to interfere with the impugned awards passed by the Claims Tribunal while fastening liability upon the insurance company. 9. Both the appeals are accordingly dismissed. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh