1 MAC No. 1395 of 2023 2025:CGHC:61092 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1395 of 2023  The New India Insurance Company Limited Branch Office Station Road, Sakti, Thana And Tahsil- Sakti, District Janjgir-Champa (C.G.) ... Appellant versus 1.Rakesh Kumar Tripathi S/o Krishnadev Tripathi, Aged About 52 Years; 2.Sharda Tiwari D/o Krishnadev Tripathi, W/o Rakesh Chand Tiwari, Aged About 59 Years; 3.Kalpana Sharma D/o Krishnadev Tripathi, W/o Mahesh Sharma, Aged About 55 Years; All are Resident- Ward No. 15, Nagar Palika Sakti, Tahsil And Thana Sakti, District Janjgir- Champa (C.G.). 4.Raju Kumar S/o Arjun Rai, Aged About 27 Years, Resident- Gajpara Aathmal Gola Bhaktiyarpur, Thana Aasmal Gola District Patna (Bihar) (Driver). Girish Dewangan S/o Pitambar Lal Dewangan Resident- BM Complex, Manav Mandir Chowk, Tahsil And District Rajnandgaon (C.G.) Through ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.12.16 17:34:13 +0530 2 MAC No. 1395 of 2023 Attorney- Sahil Khan S/o Late Wahid Khan Resident- Purana Ganj Chowk, Tahsil And District Rajnandgaon (C.G.) (Owner). ... Respondents For Appellant :- Mr. Prasanjeet Dutta, Advocate on behalf of Mr. Sudhir Agrawal, Advocate. For Respondents No.1 to 3 :- Mr. Hariom Rai, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 15.12.2025 1.This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/Insurance Company, challenging the impugned award dated 20.04.2023 passed by the 1st Additional Motor Accident Claims Tribunal, Sakti, District Janjgir Champa, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 36/2022 whereby learned Claims Tribunal has allowed the claimant’s application and awarded a sum of 43,56,696/- ₹ as compensation along with interest for death of Dharmendra Kumar Tripathi, by fastening the liability upon the Insurance Company. 3 MAC No. 1395 of 2023 2.Mr. Prasanjeet Dutta, learned counsel for the appellant/Insurance Company, would submit that learned Claims Tribunal has erred in fastening the liability upon the Insurance Company to pay the compensation amount to the claimants as the claimants are not the dependents of the deceased, therefore, the are not entitled for compensation, for the death of Dharmendra Kumar Tripathi. Thus, the appeal deserves to be allowed. 3.Mr. Hariom Rai,, learned counsel for the claimants/respondents No.1 to 3, would submit oppose the prayer made by learned counsel for the appellant and support the impugned award. 4.I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records meticulously. 5.Since the Insurance Company has taken a half hearted plea that the claimants are not the dependents of the deceased, but no evidence has been led by the Insurance Company in this 4 MAC No. 1395 of 2023 regard. However, in light of decision of the Supreme Court in the matter of Gujarat State Road Transport Corporation, Ahemdabad v. Ramanbhai Prabhatbhai and another 1 , the Claims Tribunal has rightly awarded the compensation amount to the claimants as they are brother and sisters of the deceased. 6.In view of the above discussion and analysis, I do not find any merit in the instant appeal, accordingly, the same is dismissed. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit 1 (1987) 3 SCC 234