1 2025:CGHC:54642 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 312 of 2024 1. Smt. Sushila Devi W/o Late Ugrasen Prasad Gupta Aged About 43 Years Resident Of Village Sohagpur, Karanji, District Surajpur (C.G.),..(Claimants) 2. Ku. Sakshi Gupta D/o Ugrasen Prasad Gupta Aged About 19 Years Resident Of Village Sohagpur, Karanji, District Surajpur (C.G.) 3. Smt. Rakhi Jaiswal W/o Jitendra Jaiswal, D/o Late Ugrasen Prasad Gupta Aged About 26 Years Resident Of Patpariya, Police Station Gandhinagar, Tahsil Ambikapur, District Surguja (C.G.) ... Appellant(s) versus 1. Dudhnath S/o Manfer Aged About 46 Years Resident Of Bazar Dafai, Gelhapani, Chirmiri, District Koriya (C.G.),..(Driver Offending Vehicle Bearing Registration Truck C.G.-15,-D.F.-1482) 2. Deepa Jaiswal W/o Amit Kumar Jaiswal Aged About 32 Years Resident Of Bazar Dafai, Gelhapani, Chirmiri, District Koriya (C.G.),..(Owner Offending Vehicle Bearing Registration Truck C.G.-15,-D.F.-1482) 3. Branch Manager Chola Mandalam M.S. General Insurance Company Limited, Regional Office, Ground Floor, Krishna Complex, Dimrapur Road, Raigarh, District Raigarh (C.G.),.. (Insurer Offending Vehicle Bearing Registration Truck C.G.-15,- D.F.-1482) ... Respondent(s) Digitally signed by AJINKYA PANSARE Date: 2025.11.11 13:52:52 +0530 2 For Appellants : Mr. Anil Kumar Gulati, Advocate For Respondents : None, though served Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 10-11-2025 1) Claimants have preferred this appeal under Section 173 of The Motor Vehicles Act, 1988 assailing the award passed by the learned Fifth Additional Motor Accident Claims Tribunal, Ambikapur, District Surguja in Claim Case No. 167/2021 dated 5.12.2023 whereby learned Claims Tribunal has dismissed the claim application preferred by the claimants. 2) Facts of the present case as per claim application are that on 27.5.2021, deceased Ugrasen Prasad Gupta was returning home on motorcycle. When he reached near Dumariya School, respondent No. 1, driver of the offending truck bearing registration No. CG-15-DF-1482 while driving it rashly and negligently, dashed the motorcycle. In the accident, Ugrasen Prasad Gupta sustained grievous injuries and died during the course of treatment on 28.5.2021. Claimants who are wife and children of the deceased, preferred claim application and pleaded that age of the deceased was 49 years and he was a Railway employee earning Rs. 69,265/- per month. Claimants claimed compensation to the tune of Rs. 1,54,96,942/-. 3) Driver and owner of the offending truck filed reply and denied the 3 averments made in claim application and pleaded that offending truck was insured with the Insurance Company. Insurance Company took a plea of implantation of vehicle as FIR was lodged after two months from the date of accident and initially, no allegation was made with regard to motor accident. Claims Tribunal framed issues ; parties led evidence and award impugned was passed whereby learned Claims Tribunal dismissed the claim application. 4) Learned counsel appearing for the claimants submits that FIR (Ex. P/2) was lodged on 25.7.2021 by one Hitesh S/o Shiv Kumar to the effect that motorcycle of the deceased was dashed by truck bearing registration No. CG-15-DF-1482. He further submits that this fact has been proved by Deep Narayan Singh (A-W/2), who was an eye-witness to the incident. He contends that this witness has stated that on 27.5.2021, he was returning to his village alongside the deceased in separate motorcycle and when they reached Dumariya School, the offending truck dashed the motorcycle of the deceased. He further contends that Rajendra Singh (NA-W/2), who was the Investigation Officer has stated that FIR was registered by him and investigation was conducted wherein involvement of truck was found. He argues that learned Claims Tribunal has discarded the evidence of eye-witness and investigation officer. He prays to set aside the award impugned. 5) Heard Mr. Gulati at length and perused the record with utmost 4 circumspection. 6) Admittedly, the accident occurred on 27.5.2021. Merg Intimation was registered on 28.5.2021 wherein it is stated that deceased fell down from the motorcycle and sustained injuries. Post-mortem was conducted on 29.5.2021 and in post-mortem report, it is categorically stated that the deceased dashed an ox and sustained injuries. In the inquest report, there is no whisper with regard to involvement of an offending vehicle. After two months, FIR was lodged by one Hitesh S/o Shiv Kumar, who is an employee of KIMS Hospital, Bilaspur. Interestingly, Hitesh is not related to the deceased. 7) The final report would show that statement of Deep Narayan Singh (A-W/2) was recorded by the police after two months and thereafter, offending truck was seized and its driver was charge- sheeted for commission of offence punishable U/s 304 of IPC. In cross-examination, this witness admitted that though he was an eye-witness to the incident, he did not lodge the FIR and no intimation was given by him to the family of the deceased and the police authorities. This witness has denied the suggestion that motorcycle of the deceased was dashed against an ox. 8) Upon a thorough examination of this witness's evidence, it is clear that he is not a genuine eyewitness. Rather, he appears to be a tutored witness who belatedly came forward after two months to implicate a truck in the accident. 5 9) Rajendra Singh (NA-W/2), the investigating officer, conducted the investigation and submitted his report after registering the FIR. However, as he was neither an eyewitness nor the informant, his evidence does not benefit the claimants. 10) Taking into consideration the above discussed facts, I do not find any ground to interfere with the award impugned. Consequently, this appeal fails and is hereby dismissed. No order as to cost(s). Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a