1 2025:CGHC:55126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 552 of 2022 • The Oriental Insurance Company Limited, Through Division Office, Chawla Complex, Devendra Nagar Road, Raipur, District Raipur (C.G.) ... Appellant versus 1. Smt. Jyoti Badhai, Wd/o Gopal Badhai, Aged About 35 Years, R/o Ward No. 04, Rajeev Nagar, Paterapali Saraipali, Police Station/ Tahsil Saraipali, District Mahasamund (C.G.) (Claimant). 2. Minor Durgesh Badhai, S/o Late Gopal Badhai, Aged About 10 Years, (Minor, Through Their Mother Natural Guardian Smt. Jyoti Badhai), R/o Ward No. 04, Rajeev Nagar, Paterapali Saraipali, Police Station/ Tahsil Saraipali, District Mahasamund (C.G.) (Claimant). 3. Minor Raunit Badhai, S/o Late Gopal Badhai, Aged About 13 Years, (Minor, Through Their Mother Natural Guardian Smt. Jyoti Badhai), R/o Ward No. 04, Rajeev Nagar, Paterapali Saraipali, Police Station/ Tahsil Saraipali, District Mahasamund (C.G.) (Claimant). 4. Smt. Laxmi Badhai, Wd/o Fagulal Badhai, Aged About 75 Years, R/o Ward No. 04, Rajeev Nagar, Paterapali Saraipali, Police Station/ Tahsil Saraipali, District Mahasamund (C.G.) (Claimant). 5. Dayasagar Munna, S/o Tiharu Munna, R/o Village Bardoli, Post Patsendri, Police Station And Tahsil Saraipali, District Mahasamund (C.G.) (Owner Of Vehicle). ... Respondents (Cause title taken from Case Information System) For Appellant : Mr. Pankaj Agrawal, counsel appears along with Ms. Swati Agrawal, Advocate. For Respondents No.1 to 4 : Mr. Salil Sahu, Advocate. DEEPTI JHA Digitally signed by DEEPTI JHA 2 Hon’ble Shri Justice Sanjay K. Agrawal Order on Board 12/11/2025 1. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988 (for short the “MV Act”) by the appellant/Insurance Company, who has called in question the legality, validity and correctness of impugned award dated 01.12.2021, passed in Claim Case No.07/2021 (Smt. Jyoti Badhai & Others v. Dayasagar Munna & Another) by the Additional Motor Accident Claims Tribunal, Saraipali, District Mahasamund (C.G.), whereby the learned Claims Tribunal has fastened the liability upon the appellant/Insurance Company for paying a total sum of Rs.5,75,000/- along with 7% interest per annum and in default, 9% penal interest per annum to the claimants. 2. Ms. Swati Agrawal, learned counsel for the appellant submits that deceased was not third party, therefore, as per the insurance policy, the appellant/Insurance Company would not be liable for payment of compensation to the claimants. 3. On the other hand, learned counsel appearing for respondents No.1 to 4 would support the impugned award and prays for dismissal of this appeal. 4. I have heard learned counsel for the parties, considered their rival submissions made hereinabove and went through the record with utmost circumspection. 5. A careful perusal of the impugned judgment would show that learned Claims Tribunal has clearly recorded a finding that deceased Gopal Badhai was driving the vehicle and respondent No.5 herein namely Dayasagar Munna was the registered owner of the vehicle, as such, the deceased would come under the category of third party and therefore, the Claims Tribunal has rightly fastened the liability of payment of compensation upon the appellant/Insurance Company. Even otherwise, it is not the case of the appellant/Insurance Company that deceased was driving the vehicle owned 3 by respondent No.5 herein after borrowing it from him, as such, the deceased was clearly third party. Thus, the finding recorded by the Claims Tribunal in this regard is a correct finding of fact based on evidence available on record which is neither perverse nor contrary to the record. I do not find any merit in this appeal warranting interference with the impugned award. 6. Accordingly, this appeal filed by the appellant/Insurance Company is hereby dismissed being devoid of any merit. No cost. Sd/- (Sanjay K. Agrawal) Judge