1 2025:CGHC:59986 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1381 of 2022 1 - Shyam Lal S/o Bhakku Lal Aged About 50 Years R/o. - Village - Mirauni, Dipapara, Post - Madva, Police Station - Chandrapur, Tahsil - Dabhra, District - Janjgir - Champa Chhattisgarh 2 - Shushila Uraon W/o Shyam Lal Aged About 48 Years R/o. - Village - Mirauni, Dipapara, Post - Madva, Police Station - Chandrapur, Tahsil - Dabhra, District - Janjgir - Champa Chhattisgarh ... Appellants/Claimants versus 1 - Sandeep S/o Sukh Sai Uraon Aged About 27 Years R/o. - Village - Taraimal, Post - Gerwani, Police Station - Punjipathra, Tahsil - Tamnar, District - Raigarh Chhattisgarh (Owner And Driver Of The Offending Vehicle) 2 - Chola Mandalam, M.S. General Insurance Co. Ltd., 2nd Floor, Near Simran Tower, Opposite M.I.C. Building, Pandri, District - Raipur Chhattisgarh (Insurer Of The Offending Vehicle) ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.12.10 17:10:31 +0530 2 For Appellants : Mr. Utkarsh Patel on behalf of Mr. Pushpendra Kumar Patel, Advocates For Respondent No. 1 : Mr. Ajay Kumar Chandra, Advocate For Respondent No. 2 : Ms. Srishti Upadhyay, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 10.12.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellants/claimants challenging the impugned award dated 31/10/2022 passed by learned 2nd Additional Motor Accident Claims Tribunal, Sakti, District Janjgir-Champa (C.G.) in Claim Case No. 33/2021, whereby learned Claims Tribunal has dismissed their application filed under Section 163A of the Act of 1988 holding that deceased would not come under the category of third party. 2. Learned counsel for the appellants/claimants would submit that as per the insurance policy (Ex. D/1), for covering the risk of personal accident of the owner and driver, premium of Rs. 325/- has been paid and as such, 3 the Insurance Company would be liable to pay fixed compensation of Rs. 15,00,000/-. 3. Learned counsel for respondent No. 2 would support the impugned award and submit that the impugned award does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. Having heard learned counsel for the parties and having gone through the record, as per the insurance policy (Ex. D/1) which has been proved by the Law Officer of the Insurance Company namely Prashant Bhomiya (N.A.W-1), premium of Rs. 325/- was paid for covering the risk of personal accident and extent of liability of Insurance Company is Rs. 15,00,000/- and since deceased was driving the vehicle, in my considered opinion, the appellants/claimants are held entitled for fixed compensation of Rs. 15,00,000/-. Thus, Respondent No. 2 is directed to deposit the amount of compensation as awarded by this Court within a period of 3 months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 7.5% per annum from the date of filing of claim application before the Tribunal i.e. 16/09/2021 till its realization. 4 6. Accordingly, this appeal is allowed to the extent indicated herein-above. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet