Page No.1 of 3 IN MAC-208-2022 2025:CGHC:43035 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 208 of 2022 [Arising out of award dt. 25.11.2021, passed in Claim Case No.146/2019 (Ajay Kumar Pathak vs. Deepak Kumar Mishra and another) by the 3rd Addl. Motor Accidental Claims Tribunal, Baloda- Bazar (CG)] Branch Manager The United India Insurance Company Limited, Jeevanmal Hospital, On Main Road Near Main Market, Bhatapara Ambedkar Chowk, Balodabaz Bhatapara, Chhattisgarh. ... Appellant Versus 1 - Ajay Kumar Pathak S/o Shivnarayan Urf Shubh Narayan Pathak, Aged About 37 Years Deputy Manager, Emami Cement Plant Risda, Presently Residing At E- 27, Krishnayan Colony, Balodabazar, P.S. City Kotwali, Balodabazar, District Balodabazar Bhatapara, Chhattisgarh. Permanent R/o House No. C/223, Sainik Vihar, Sector -B, Ward No. 08, Khorabar Urf Subabazar, Gorakhapur, District Gorakhpour, Uttar Pradesh -273008 2 - Deepak Kumar Mishra, S/o Late Shri Om Prakash Mishra, Aged About 35 Years R/o Krishnayan Colony E-18, Blaodabazar, District Balodabazar Bhatapara, Chhattisgarh. ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. Abhishek Vinod Deshmukh, Advocate For Respondent No.1 : Ms. Ritika Verma, Advocate For Respondent No.2 : Ms. Pooja Yadav & Mr. GP Shukla, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 25.08.2025 1. In this appeal filed under Section 173 of the Motor Vehicle Act, SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 3 IN MAC-208-2022 1988 (for short the “MV Act”), the appellant-Insurance Company is calling in question the legality, validity and correctness of impugned award dt. 25.11.2021, passed in Claim Case No.146/2019 (Ajay Kumar Pathak vs. Deepak Kumar Mishra and another) by the 3rd Addl. Motor Accidental Claims Tribunal, Baloda-Bazar (CG) (for short the “MACT”), whereby the claim application filed by the respondent No.01/claimant has been allowed and compensation to the tune of Rs.2,10,000/- has been awarded to him alongwith interest @ 7% PA on account of death of Om Prakash Pathak, which amount is held to be payable by the appellant-Insurance Company herein. 2. Learned counsel for the appellant-Insurance Company would submit that in the present case, the claimant has not impleaded the owner of the offending vehicle as party respondent before the learned MACT and he himself is not dependent upon the deceased and, therefore, the impugned award is liable to be set aside. 3. Learned counsel for the respondents supported the impugned award and prays for dismissal of this appeal. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 5. In the case at hand, a careful perusal of the record especially the written statement filed by the appellant-Insurance Company before the learned MACT, would show that neither the plea that the claimant Page No.3 of 3 IN MAC-208-2022 (respondent No.1 herein) is not dependent upon the deceased nor the plea that the owner of the offending vehicle is not impleaded as party/respondent in the claim application, were taken by the appellant- insurance company before the learned MACT and, for the first time before this Court, in an appeal filed under Section 173 of the MV Act, the said pleas have been taken by the appellant-Insurance Company, which is impermissible and cannot be allowed to be taken for the first time in this appeal. As such, I do not consider it a fit case warranting interference in the impugned award, passed by the learned MACT, as the finding recorded by the learned MACT, in the considered opinion of this Court, is correct findings of fact based on evidence and same is neither perverse nor contrary to the record. 6. Accordingly, I do not find any merit in this appeal. It deserves to be and is hereby dismissed. sd/- (Sanjay K. Agrawal) Judge s@if