Page No.1 of 4 IN MAC-263-2022 2025:CGHC:52750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 263 of 2022 [Arising out of award dt. 27.09.2021, passed in Claim Case No.05/2020 (Smt. Dasmotin Bai & other v. New India Insurance Company and another) by the Addl. Motor Accident Claims Tribunal, Bhanupratapur (CG)] Ramesh Baghel S/o Dharmu Baghel Aged About 25 Years R/o Village Bhaisasur, Police Station Siksod, District North Bastar Kanker Chhattisgarh. ... Appellant Versus 1 - Smt. Dasmotin Bai W/o Hirasingh Aged About 45 Years R/o Village Kunaapara Machpalli Sangam, Police Station And Tahsil Pakhanjur, District North Bastar Kanker Chhattisgarh. 2 - Smt. Narsobai Dugga W/o Late Balluram Aged About 24 Years R/o Village Kunaapara Machpalli Sangam, Police Station And Tahsil Pakhanjur, District North Bastar Kanker Chhattisgarh. 3 - Ku. Roshni Dugga D/o Late Balluram Dugga Aged About 5 Years Minor Through Natural Guardina Mother Smt. Narsobai Dugga, R/o Village Kunaapara Machpalli Sangam, Police Station And Tahsil Pakhanjur, District North Bastar Kanker Chhattisgarh. 4 - Manoj Kumar S/o Late Balluram Dugga Aged About 2 Years Minor Through Natural Guardina Mother Smt. Narsobai Dugga, R/o Village Kunaapara Machpalli Sangam, Police Station And Tahsil Pakhanjur, District North Bastar Kanker Chhattisgarh. 5 - New India Insurance Company Limited Zonal Office Chouhan State 1st Floor Supela Bhilai, District Durg Chhattisgarh. ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 4 IN MAC-263-2022 For Appellant : Mr. Rajkumar Pali, Advocate For Respondent No.05 : Mr. Sudhir Agrawal, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 29.10.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellant/driver and owner of the offending vehicle, challenging the impugned award dt. 27.09.2021, passed in Claim Case No.05/2020 (Smt. Dasmotin Bai & other v. New India Insurance Company and another) by the Addl. Motor Accident Claims Tribunal, Bhanupratapur (CG), whereby learned Claims Tribunal has fastened the liability to pay compensation upon him and exonerated the respondent-5 Insurance Company for the same. 2. Learned counsel for the appellant would submit that learned Claims Tribunal has erred in fastening the liability to pay compensation upon the appellant-owner and driver of the offending vehicle by holding that the offending vehicle, being a private car/vehicle, was used as commercial vehicle at the time of occurrence of the accident in question. Therefore, to that extent the impugned award is liable to be set aside and absolute liability to pay compensation to the claimants is liable to be fastened upon the respondent-5/Insurance Company. 3. On the other hand, learned counsel appearing for the Page No.3 of 4 IN MAC-263-2022 respondent No.05 would support the impugned award and prays for dismissal of this appeal on the ground that the offending vehicle was being plied in breach of the policy condition on the date of accident. Therefore, the learned Claims Tribunal has rightly fastened the liability to pay compensation upon the owner and driver of the offending vehicle i.e. the appellant herein. 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 perusal of the record would show that the offending vehicle bearing No. CG-17-KE-7832 is a private car/vehicle and, in which, it is alleged that on the date of accident the same was used as a commercial vehicle for carrying passengers. However, the owner and driver of the said vehicle i.e. appellant herein has been examined as Witness No.01 and in his statement before the Court he has only stated that on the request of his friend- Motilal Dugga he has taken the said vehicle to Bhilai and no question has been suggested to him by the Insurance Company to hold that the offending vehicle was hired by the deceased- Balluram Dugga or was being used for commercial purpose. Even otherwise, Jalaluddin Qureshi (Witness No.02), the Investigating Officer, has also stated that during the course of investigation he has not seized any document which would shows that the vehicle in question was hired by the deceased for Page No.4 of 4 IN MAC-263-2022 commercial use on the date of accident. As such, the findings recorded by the learned Claims Tribunal that the offending vehicle being a private car was used as commercial vehicle at the time of accident is totally perverse finding, which is clearly contrary to the material available on record. Therefore, the learned Claims Tribunal is absolutely unjustified in fastening the liability to pay compensation upon the appellant- owner and driver of the offending vehicle and exonerating the respondent- No.05 Insurance Company for the same and, thus, the same deserves to be and is hereby set aside. 6. In that view of the matter, the appellant- owner and driver of the offending vehicle is exonerated from the liability to pay compensation to the claimants and, instead thereof, the respondent No.05- Insurance Company herein is held liable to pay the same. Therefore, the respondent No.05- Insurance Company herein is directed to deposit the amount of compensation as awarded by the learned Claims Tribunal within a period of 45 days from the date of receipt of copy of this order. Rest of the conditions of the impugned award shall remain intact. 7. Accordingly, this appeal is allowed to the extent indicated herein-above. s@if sd/- (Sanjay K. Agrawal) Judge