(MAC No.1094/2023) 2025:CGHC:57832 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1094 of 2023 {Arising out of award dated 16-12-2022 passed by the Additional Motor Accident Claims Tribunal, Kondagaon, District Kondagaon in Motor Accident Claim Case No.3/2020} Magma H.D.I. General Insurance Company Limited, Through Legal Executive, Present Address Branch Office, Pujara Chamber, “A” Block, 1st Floor, Pachepedi Chowk, Raipur, Tahsil & District Raipur (Chhattisgarh) ... Appellant versus 1. Brijbati Thakur, W/o Late Prakash Singh, aged 40 years, 2. Pushkar Singh Thakur, S/o Late Prakash Singh, aged 20 years, 3. Pramod Singh Thakur, S/o Late Prakash Singh, aged 18 years, 4. Sunil Singh Thakur, S/o Late Prakash Singh, aged 16 years, 5. Gourav Singh Thakur, S/o Late Prakash Singh, aged 13 years, Respondents No.4 & 5 being minor through natural guardian mother respondent No. 1 Brijbati Thakur, All are R/o Pipira Dhondgapara Pipra, Tahsil Keshkal, District Kondagaon (C.G.) (Claimants) ... Respondents For Appellant : Ms. Harneet Kaur, Advocate. For Respondents : Mr. Abhishek Nirala, Advocate on behalf of Mr. Pravin Kumar Tulsyan, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.11.28 11:04:25 +0530 (MAC No.1094/2023) 27/11/2025 1. The appellant Insurance Company has preferred this appeal questioning the liability fastened upon it on the ground that deceased Prakash Singh was owner & driver of the vehicle and liability would have been confined to ₹ 2 lakhs, as he himself was driving the vehicle and also as per the insurance policy Ex.P-8C, liability should have been confined to ₹ 2 lakhs only, which is opposed by the claimants. 2. A careful perusal of the insurance policy Ex.P-8C would show that a premium of ₹ 100/- has been paid for compulsory personal accident coverage to owner & driver and liability is confined to ₹ 2 lakhs. In the present case, the deceased was owner & driver of the vehicle. 3. In that view of the matter, the appeal is allowed and liability of the Insurance Company is confined to ₹ 2 lakhs. Accordingly, the claimants are entitled for ₹ 2 lakhs along with interest @ 6% per annum from the date of filing the claim petition i.e. 14-1-2020 which shall be payable within 45 days from the date of receipt of a copy of this order. Sd/- (Sanjay K. Agrawal) Judge Soma