Page No.1 of 4 IN MAC-425-2022 2025:CGHC:61277 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 425 of 2022 [Arising out of award dt. 21.12.2021, passed in Claim Case No.27/2020 (Smt. Sukhmat Bai and other vs. Bhagvendra Singh Kshatriya and others) by the 2nd Addl. Motor Accident Claims Tribunal, Katghora, District Korba (CG)] United India Insurance Company Limited Through Its Branch Office, Brahma Road, Near Kumkum Hotel, Ambikapur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ... Appellant Versus 1 - Smt. Sukhmatbai Wd/o Late Shri Pardeshi Birhor, Aged About 24 Years R/o Gudrumuda (Manjhipara) P.S. Katghora, District Korba Chhattisgarh, District : Korba, Chhattisgarh 2 - Roshni Kumari, D/o Late Shri Pardesi Birhor, Aged About 3 Years Since Minor Represented Through Natural Guardian And Mother, Smt. Sukhmatbai, Wd/o Late Shri Pardeshi Birhor, R/o Gudrumuda (Manjhipara) P.S. Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh 3 - Smt. Chamrin Bai, W/o Budharam, Aged About 42 Years R/o Gudrumuda (Manjhipara) P.S. Katghora, District Korba Chhattisgarh, District : Korba, Chhattisgarh 4 - Budha Ram, S/o Shri Mayaram, Aged About 45 Years R/o Gudrumuda (Manjhipara) P.S. Katghora, District Korba Chhattisgarh, District : Korba, Chhattisgarh 5 - Ram Singh, S/o Budha Ram, Aged About 22 Years R/o Gudrumuda (Manjhipara) P.S. Katghora, District Korba Chhattisgarh, District : Korba, Chhattisgarh 6 - Reshmi Kumari, D/o Late Shri Pardesi Birhor, Aged About 1 Year 3 Months, Since Minor Represented Through Natural Guardian And SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 4 IN MAC-425-2022 Mother, Smt. Sukhmatbai, Wd/o Late Shri Pardeshi Birhor, R/o Gudrumuda (Manjhipara) P.S. Katghora, District Korba Chhattisgarh, District : Korba, Chhattisgarh 7 - Bhagvendra Singh Kshatriya, S/o Rajbhan Singh Baghel, Aged About 40 Years R/o Ward No. 19, Keshav Nagar, P.S. Vishrampur, District Surajpur (Chhattisgarh), District : Surajpur, Chhattisgarh 8 - Jai Mahamaya Petroleum, Through Its Proprietor, Shri Rajkumar Agrawal, Ring Road, Namnakala, Ambikapur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. Abhishek Vinod Deshmukh, Advocate For Respondent 1-5 : Mr. Vikas Kumar Pandey, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 16.12.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellant- Insurance Company challenging the impugned award dt. 21.12.2021, passed in Claim Case No.27/2020 (Smt. Sukhmat Bai and other vs. Bhagvendra Singh Kshatriya and others) by the 2nd Addl. Motor Accident Claims Tribunal, Katghora, District Korba (CG), whereby learned Claims Tribunal has allowed the claim application of the respondents/claimant and awarded compensation to the tune of Rs.16,78,664/- alongwith interest @ 7% PA from the date of claim and said amount is held to be payable by the appellant-Insurance Company. 2. Learned counsel for the appellant would make sole submission Page No.3 of 4 IN MAC-425-2022 that learned Claims Tribunal has erred in awarding aforesaid amount of compensation to the claimants, as on the date of accident the deceased was himself negligent while driving his motor-cycle and, therefore, its a case of contributory negligence. Therefore, the appellant-Insurance Company is wrongly held liable to pay compensation to the claimants. Thus, the impugned award is liable to be set aside. 3. On the other hand, learned counsel for the respondents would support the impugned order by opposing the submissions made by learned counsel for the appellant and prays for dismissal of this appeal. 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. In the case at hand, a careful perusal of the record would show that learned Claims Tribunal after full-fledged trial has specifically recorded a finding that on the date of accident the driver of the offending vehicle (i.e. Tanker being No. CG-15-DB-1185) plied the same in rash and negligent manner and, due to which, the deceased suffered injuries and died and it has not been established on record that on the date of accident the deceased was also negligent while driving his motor-cycle and, therefore, plea of contributory negligence is not found proved. Even, the appellant- Insurance Page No.4 of 4 IN MAC-425-2022 company has not led any evidence to prove the plea of contributory negligence. As such, the findings recorded by the learned Claims Tribunal, in the considered opinion of this Court, are correct findings of fact based on evidence and same is neither perverse nor contrary to the record. As such, I do not consider it a fit case warranting interference in the impugned award, passed by the learned Claims Tribunal. 6. Accordingly, I do not find any merit in this appeal. It deserves to be and is hereby dismissed. Sd/- (Sanjay K. Agrawal) Judge s@if