1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 292 of 2025 1 - Magma H.D.I. General Insurance Company Limited Through- Its Legal Manager, Present Address- Office No. 501 And 512, 5th Floor, D.B. City Corporate Park, Block No. 9, Rajbandha Maidan , Raipur, C.G. (Insurer) ... Applicant versus 1 - Smt. Sita W/o Late Shri Singh Aged About 24 Years R/o Siriyakhoh, P.S. Podi, District- M.C.B., C.G. 2 - Versha Singh Ayam D/o Late Shri Singh Aged About 5 Years Minor Represented Through Mother Smt. Sita, Respondent No. 1, R/o Siriyakhoh, P.S. Podi, District- M.C.B., C.G. 3 - Vikas Kumar Kewat S/o Late Narayan Prasad Kewat Aged About 24 Years R/o Village- Nawadih Sarbhoka, P.S.- Pidi, District- M.C.B., C.G. (Driver) 4 - Ajay S/o Omprakash Aged About 24 Years R/o Kothari, P.S.- Manendragarh, District - M.C.B., C.G. (Owner) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 For Applicant :- Mr. Sourabh Sharma, Advocate For Respondent :- None. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 17.11.2025 1. The present revision petition has been filed being aggrieved by the award dated 14.02.2024 passed by the learned First Additional Motor Accident Claims Tribunal, Manendragarh, District Koriya (C.G.) in Claim Case No. 19/2023 titled “Smt. Sita & Another vs. Magma H.D.I. General Insurance Company Limited & Others”. 2. Brief facts of the case are that, the respondents No.1 and 2, being the wife and minor daughter of deceased Shri Singh (who was the brother of another deceased, Shyamlal), filed a claim petition under Sections 166 and 140 of the Motor Vehicles Act alleging that on 17.01.2023, the respondent No.3, while rashly and negligently driving a tractor bearing registration No. CG-16-CQ- 4457, dashed the motorcycle being driven by Shri Singh, on which the deceased was travelling as a pillion rider, resulting in fatal injuries to both brothers. It was pleaded that the deceased was a mason earning Rs.12,000/- per month and a compensation of Rs.82,25,000/- was claimed. The driver and owner denied negligence and attributed the accident to the deceased; the applicant-insurance company also denied liability raising defences regarding negligence, quantum, and validity of permit, fitness and 3 licence. The learned Tribunal, however, vide award dated 14.02.2024, held respondent No.3 negligent, found no breach of policy conditions, assessed 30% contributory negligence on the deceased, and awarded compensation of Rs.87,000/- with interest @ 9% per annum from 01.04.2023. 3. Learned counsel for the applicant Insurance Company submits that the impugned award dated 14.02.2024 is illegal and unsustainable, as the Tribunal has perversely held the involvement of the insured vehicle despite the FIR being lodged against an unknown red tractor and the subsequent false implantation of the present vehicle in collusion with the respondents, even when the alleged eye-witness did not support the claimants’ version. The Tribunal failed to appreciate that there was no credible evidence to establish negligence of respondent No.3 or the involvement of the insured vehicle, yet proceeded to fasten liability on the applicant. It is further submitted that the compensation awarded, along with the rate of interest, is on the higher side and liable to be suitably reduced. 4. None appears for the respondent. 5. I have heard learned counsel for the applicant and perused the material available on record. 6. From a careful perusal of the record and an assessment of the quantum of compensation awarded by the learned Tribunal, it is evident that the findings and conclusions reached are fair and in 4 accordance with the evidence on record. The revision petition lacks merit and is, therefore, hereby dismissed. 7. It is further clarified that this dismissal shall not affect any other connected cases arising out of the same accident, which shall continue to be adjudicated independently. sd/- (Amitendra Kishore Prasad) Judge Vishakha