1 2025:CGHC:54641 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 402 of 2024 The Oriental Insurance Co. Ltd. Through - Manager, Rajendra Park Chowk, P.S. Durg - Kotwali, Tahsil And District Durg (C.G.),...(Insurer) ... Appellant versus 1 - Smt. Rajeshwari Deshmukh W/o Late Chhanulal Deshmukh Aged About 50 Years R/o Village Rauna, P.S. Arjunda, District Balod (C.G.),...(Claimant) 2 - Maniram Kumbhkar S/o Late Kartik Ram Aged About 55 Years R/o Village Rauna, P.S. Arjunda, District Balod (C.G.),...(Owner) 3 - Jivrakhan Lal Dewangan S/o Vishnuram Dewangan R/o Village Kandul, Post - Arjunda, District Balod (C.G.),...(Owner) ... Respondent(s) For Appellant : Mr. Raj Awasthi, Advocate For Respondent No.1 : Mr. Mayank Chandrakar, Advocate For Respondent No.2 : Mr. Vikash A. Shrivastava, Advocate For Respondent No.3 : Mr. Vivek Bhakta, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 10/11/2025 1. The appellant/insurance company has challenged the liability as well as quantum part of the award passed by the learned First Additional Motor Accident Claims Tribunal, Durg in Claim Case No.200/2022, dated 15.12.2023, whereby the learned Tribunal has granted 2 compensation to the tune of Rs. 12,86,600/- with interest @ 9 % per annum on account of death of Manish Kumar Deshmukh. 2. Mr. Awasthi would submit that according to the merg intimation (Ex.P/3) lodged by Mansharam Yadav on 03.11.2021, deceased Manish Kumar Deshmukh went to village Kandul on 02.11.2021 at about 7 hrs, on his motorcycle (CG-07-LP-0878) & fell down near Kandul and his dead body was found in agricultural field. He would contend that FIR was lodged by Asst. Sub Inspector- Parakh Ram Sahu on 15.11.2021 after 13 days and first time, involvement of offending vehicle (CG-08- AL-7401) was disclosed. He would contend that the offending vehicle was implanted by the police and there is no direct evidence with regard to involvement of the vehicle (CG-08-AL-7401) in the accident. Mr. Awasthi would also submit that as no vehicle was involved in the accident, the learned Tribunal should have not fastened liability with the insurance. He would further contend that the learned Tribunal awarded compensation on the higher side to the claimants, whereas, claimants could not establish the income of the deceased; thus, he would pray to set-aside the impugned award. 3. On the other hand, learned counsel appearing for the respondent(s) would oppose the submission made by counsel for the appellant. They would submit that the learned Tribunal has considered the issue of implantation of vehicle and decided it against the insurance company. They would further contend that the learned Tribunal has passed just and proper compensation; thus, the appeal deserves to be dismissed. 4. Heard learned counsel for the parties and perused the record. 5. The deceased Manish Kumar Deshmukh met with an accident on 02.11.2021 at about 7 pm. He was aged about 25 years and earning Rs.18,000 per month as pleaded by the claimant in claim application. The claim application was filed by mother of the deceased. Specific plea was taken by Insurance Company with regard to implantation of the 3 offending vehicle. Merg intimation was lodged on 03.11.2021 by one Mansharam Yadav resident of village Rauna, Police Station Arjunda, District Balod. He informed the police that body of Manish Kumar Deshmukh was lying on the agricultural field and his motorcycle was also lying there. After registration of merg, the police conducted merg inquiry and thereafter registered an FIR on 15.11.2021 against Driver of the offending Vehicle bearing Registration No. CG-08-AL-7401 owned by Maniram Kumbhakar. 6. The Insurance company has not adduced evidence to rebut merg inquiry & involvement of the offending vehicle in the accident. 7. The learned Tribunal while passing the award considered this issue at length and recorded findings against insurance company. 8. With regard to the quantum of the award, the learned Tribunal considered the deceased unskilled labourer and assessed his notional income Rs.8,000/- per month. The learned Tribunal further granted appropriate compensation on conventional heads. The learned tribunal has passed compensation strictly in accordance with law. 9. Taking into consideration the above discussed facts, I do not find any good ground to interfere with the award passed by the learned Tribunal accordingly, this appeal fails and is hereby dismissed. 10.It is informed by Mr. Awasthi that 50 % amount of compensation has been deposited pursuant to interim order, therefore, the insurance company is directed to deposit the rest of award amount within a period of 60 days. Sd/- Rakesh Mohan Pandey JUDGE Nadim