1 2025:CGHC:57828 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 596 of 2023 Magma H.D.I. General Insurance Company Limited Through Its Legal Manager, Present Address- Office No. 501 And 512, 5 Th Floor, D. B. City Corporate Park, Block No. 9, Rajbandha Maidan Raipur, District : Raipur, Chhattisgarh ... Appellant versus 1 - Smt. Jaymati Poyam W/o Late Suknath Aged About 27 Years R/o Village Saraibeda (Umargaon) Patelpara, Police Station Makdi ........Claimants, District : Kondagaon, Chhattisgarh 2 - Vijay Kumar S/o Late Suknath Aged About 7 Years Minor Represented Through Mother Resp. No. 1, Smt. Jaymati Poyam R/o Village Saraibeda (Umargaon) Patelpara, Police Station Makdi, District : Kondagaon, Chhattisgarh 3 - Kushal Kumar S/o Late Suknath Aged About 4 Years Minor Represented Through Mother Resp. No. 1, Smt. Jaymati Poyam R/o Village Saraibeda (Umargaon) Patelpara, Police Station Makdi, District : Kondagaon, Chhattisgarh 4 - Ku. Manbati D/o Late Suknath Aged About 1 Years Minor Represented Through Mother Resp. No. 1, Smt. Jaymati Poyam R/o Village Saraibeda (Umargaon) Patelpara, Police Station Makdi, District : Kondagaon, Chhattisgarh HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.28 11:29:56 +0530 2 5 - Panduram (Died And Deleted) As Per Hon'ble Court Order Dated 26.11.2025 6 - Smt. Pandobai (Died And Deleted) As Per Hon'ble Court Order Dated 26.11.2025 7 - Captan Singh S/o Dalveer Singh Aged About 23 Years R/o Abdal Soi Punjab, Police Station Kulunagar Majitha ......Driver, District : Amritsar, Punjab 8 - Baljeet Kumar Sharma S/o R. N. Sharma R/o Wardhman Colony Jagdalpur, Police Station Bodhghat ........Owner, District : Bastar(Jagdalpur), Chhattisgarh ... Respondent(s) MAC No. 595 of 2023 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, Chhattisgarh. ... Appellant versus 1 - Smt. Sunita Mandavi W/o Late Andoram Aged About 28 Years R/o Village Saraibeda (Umargaon) Patelpara, P.S. Makdi, District Kondagaon, Chhattisgarh. (Claimant) 2 - Ku. Sumni Mandavi D/o Late Andoram Mandavi Aged About 4 Years Minor Through Mother Respondent No. 1 Smt. Sunita Mandavi, R/o Village Saraibeda (Umargaon) Patelpara, P.S. Makdi, District Kondagaon, Chhattisgarh. (Claimant) 3 - Ku. Anjali Mandavi D/o Late Andoram Mandavi Aged About 2 Years Minor Through Mother Respondent No. 1 Smt. Sunita 3 Mandavi, R/o Village Saraibeda (Umargaon) Patelpara, P.S. Makdi, District Kondagaon, Chhattisgarh. (Claimant) 4 - Captan Singh S/o Dalveer Singh, Aged About 23 Years R/o Abdal Soi Punjab, P.S. Kulunagar Majitha, District Amritsar (Punjab) (Driver). 5 - Baljeet Kumar Sharma S/o R.N. Sharma, R/o Wardhman Colony Jagdalpur, P.S. Bodhghat, District Bastar, Chhattisgarh. (Owner) ... Respondent(s) For Appellant i.e. Insurance Company : Mr. Sourabh Gupta, Advocate For Respondent No. 8/5 i.e. Owner : Mr. P.K. Tulsyan, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 27.11.2025 1. Since both of these appeals have arisen from common accident and common question of law and fact is involved in both of these appeals, therefore, they have been clubbed together, heard together and are being decided by this common judgment. 2. These appeals under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) have been preferred by the appellant/Insurance Company challenging the impugned award dated 11/10/2022 passed by learned Upper Motor 4 Accident Claims Tribunal, Kondagaon (C.G.) in Claim Cases No. 36/2019 and 37/2019, whereby learned Claims Tribunal has awarded a total sum of Rs. 13,59,600/- as compensation to respondents No. 1 to 6/claimants in MAC/596/2023 for the death of Andoram alias Hando and Rs. 16,30,800/- as compensation to respondents No. 1 to 3/claimants for the death of Suknath and the liability of payment of compensation has been fastened upon the appellant/Insurance Company in both the cases. 3. Learned counsel for the appellant/Insurance Company would submit that both the deceased persons were gratuitous passengers and they were sitting in crane in which there is no provision for sitting as gratuitous passengers, therefore, since the vehicle was being plied in breach of terms and conditions of the insurance policy, the appellant/Insurance Company is not liable for payment of compensation. 4. Learned counsel for the respondents would support the impugned award and submit that the compensation awarded by learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5 6. A careful perusal of the record would show that Driver of the vehicle namely Captain Singh (NA.W.-2) has been examined who has clearly stated that on the date of the accident, he was driving the crane and carrying out the work of electricity pole and the deceased persons were working as labourers and standing in the crowd, however, since the crane was mistakenly stuck in a pit, the deceased persons along with other labourers were helping in getting it out of the pit but the accident happened in which both the deceased persons suffered injuries and died. As such, learned Claims Tribunal has rightly held that deceased persons were not gratuitous passengers and therefore, the vehicle was not being plied in breach of terms and conditions of the Insurance Company and rightly proceeded to fasten the liability of payment of compensation upon the appellant/Insurance Company. I do not find any merit in these appeals. 7. Accordingly, both of these appeals are hereby dismissed being devoid of merits, leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet