1 2025:CGHC:59755 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1726 of 2023 Magma H.D.I. General Insurance Company Limited, Through Its Legal Manager, Present Address Office No. 501 & 512, 5th Floor, D.B. City Corporate Park, Block No. 9, Rajbandha Maidan, Raipur Chhattisgarh. ... Appellant versus 1 - Smt. Usha Bai Nishad, W/o. Late Shri Raj Kumar Nishad, Aged About 36 Years, R/o. Ward No.7, Village Chhapora, P.S. Vidhansabha, Tahsil Gurur, District Raipur, Chhattisgarh. 2 - Hemlata Nishad, D/o. Late Shri Raj Kumar Nishad, Aged About 19 Years, R/o. Ward No. 7, Village Chhapora, P.S. Vidhansabha, Tahsil Gurur, District Raipur, Chhattisgarh. 3 - Bhuneshwari Nishad, D/o. Late Shri Raj Kumar Nishad, Aged About 17 Years, Being Minor Through Natural Guardian Mother Respondent No. 1 Smt. Usha Bai Nishad, R/o. Ward No. 7, Village Chhapora, P.S. Vidhansabha, Tahsil Gurur, District Raipur, Chhattisgarh. ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.12.09 16:39:45 +0530 2 4 - Smt. Dropati Bai Nishad, W/o. Late Shri Birju Nishad, Aged About 56 Years, R/o. Ward No.7, Village Chhapora, P.S. Vidhansabha, Tahsil Gurur, District Raipur, Chhattisgarh. 5 - Tikeshwar Sahu, S/o. Maksudan Ram Sahu, R/o. Puranibasti, Ward, No. 6 Bhanpuri, Raipur, District : Raipur, Chhattisgarh ... Respondents For Appellant : Ms. Harneet Kaur, Advocate For Respondents : None appeared (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 09.12.2025 1. The appellant/insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity and correctness of the impugned award dated 10.07.2023 passed by the learned Fourteenth Additional Motor Accident Claims Tribunal, Raipur in Claim Case No. 599/2021 by which the claim application of the claimants has been allowed and liability to pay the amount of compensation has been fastened upon the insurance company. 3 2. Ms. Harneet Kaur, learned counsel appearing for the appellant/ insurance company, would submit that the offending vehicle was not involved in the accident in question, it has been falsely implicated and therefore, the impugned award deserves to be set aside and the insurance company be exonerated from its liability. She would further submit that the accident had been caused on account of contributory negligence, therefore, the amount of award be reduced for contributory negligence. 3. I have heard learned counsel for the appellant/insurance company, considered her submission made herein-above and gone through the records meticulously. 4. The learned Claims Tribunal after having considered the oral and documentary evidence on record came to the conclusion that though the FIR was registered against unknown person but after investigation, the charge sheet has been filed against the driver of the offending vehicle i.e. Tikeshwar Sahu for offence under Section 304-A of I.P.C. and no complaint has been filed by the insurance company for false implication of the vehicle. In that view fo the matter, the Claims Tribunal has rightly held that the insurance company is liable to pay the amount of compensation. Similarly, for want of evidence, 4 learned Claims Tribunal has rightly held that the insurance company has failed to establish the plea of contributory negligence. As such, I do not find any merit in this appeal, the same is liable to be and hereby dismissed. Sd/- (Sanjay K. Agrawal) Judge Ashok