1 2026:CGHC:14253 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 659 of 2020 1 - Branch Manager The New India Insurance Company Limited , Pandri Raipur , District Raipur Chhattisgarh. Through Authorized Signatory, Manager Suit Claim Hub, The New India Assurance Company Limited, 2nd Floor, Rama Trade Center, Above Axis Bank, Opposite Rajiv Plaza, Old Bus Stand Road, Bilaspur , District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh --- Appellant(s) versus 1 - Smt. Parvati Dhruv Wd/o Late Santram Dhruv Aged About 40 Years R/o Village Pandhi, Ward No. 9, Post Paragaon, Tehsil Arang District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Nutan Kumar Dhruv S/o Late Santram Dhruv Aged About 21 Years R/o Village Pandhi, Ward No. 9, Post Paragaon, Tehsil Arang District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Ku. Monika Dhruv D/o Late Santram Dhruv Aged About 20 Years R/o Village Pandhi, Ward No. 9, Post Paragaon, Tehsil 2 Arang District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Daman Dhruv S/o Late Santram Dhruv Aged About 18 Years R/o Village Pandhi, Ward No. 9, Post Paragaon, Tehsil Arang District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 5 - Smt. Sonbati Dhruv Wd/o Late Ramchandra Dhruv Aged About 67 Years R/o Village Pandhi, Ward No. 9, Post Paragaon, Tehsil Arang District Raipur Chhattisgarh....(Claimants), District : Raipur, Chhattisgarh 6 - Gendram Nishad S/o Anut Ram Nishad Aged About 42 Years R/o Village Paragaon, Police Station Arang, District Raipur Chhattisgarh . (Driver), District : Raipur, Chhattisgarh 7 - Firoz Alam Ansari S/o Abdul Kayyum Ansari Aged About 34 Years R/o Nadi Chowk, Ward No. 13, Ghodari, District Mahasamund Chhattisgarh....(Owner), District : Mahasamund, Chhattisgarh --- Respondent(s) MAC No. 660 of 2020 1 - Branch Manager The New India Insurance Company Limited, Pandari Raipur, District Raipur, Chhattisgarh. Through Authorized Signatory, Manager Suit Claim Hub, The New India Assurance Company Limited, 2nd Floor, Rama Trade Center, Above Axis Bank, Opp. Rajiv Plaza, Old Bus Stand Road, Bilaspur, District Bilaspur, Chhattisgarh. ---Appellant(s) 3 Versus 1 - Mangalmani Kshatriya S/o Late Arjunmani Kshatriya Aged About 54 Years R/o Tikra Para, Nandini Chowk, Raipur, Presently Residing At Irrigation Department Colony, Village Pandhi, Police Station Aarang, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - Rambai Kshatriya W/o Mangalmani Kshatriya Aged About 50 Years R/o Tikra Para, Nandini Chowk, Raipur, Presently Residing At Irrigation Department Colony, Village Pandhi, Police Station Aarang, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3 - Gendram Nishad S/o Anut Ram Nishad Aged About 42 Years R/o Village Paragaon, Police Station Arang, District Raipur, Chhattisgarh. (Driver), District : Raipur, Chhattisgarh 4 - Firoz Alam Ansari S/o Abdul Kayyum Ansari Aged About 34 Years R/o Nadi Chowk, Ward No.13 Ghodari, District Mahasamund, Chhattisgarh. (Owner), District : Mahasamund, Chhattisgarh --- Respondent(s) For Appellant(s) : Mr. Priyanshu Gupta on behalf of Mr. B.N. Nande, Advocates For Respondent(s) No. 6 & 7 in MAC/659/2020 and for respondents No. 3 & 4 in MAC/660/2020 : Mr. Rupendra Kumar Dewangan on behalf of Mr. Govind Dewangan, Advocates 4 SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 25.03.2026 1. Since 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. The appellant/Insurance Company has preferred both of these appeals under Section 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity and correctness of impugned award dated 02/11/2019 passed by Learned Upper Motor Accident Claims Tribunal, Mahasamund (C.G.) in Claim Cases No. H- 06/2017 and H-07/2017 whereby the Claims Tribunal has awarded a compensation of Rs. 4,83,600/- and Rs. 5,42,500/- respectively, in favour of the claimants and the liability to pay the compensation has been fastened upon the appellant/Insurance Company. 3. Learned counsel for the appellant/Insurance Company would submit that the Claims Tribunal is absolutely unjustified in fastening liability of payment of compensation upon the Insurance Company as the offending vehicle was falsely implicated and it was not 5 involved in the accident in question, as such, the impugned award is liable to be set aside. 4. Learned counsel for respondents No. 6 and 7 in MAC/659/2020 and for respondents No. 3 and 4 in MAC/660/2020 would support the impugned award and submit that the Claims Tribunal has rightly fastened the liability of payment of compensation upon the Insurance Company. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 6. A careful perusal of the record would show that though the appellant/Insurance Company taken a plea in paragraph 13 of their written statement that the offending vehicle has falsely been implanted in the accident in question, but surprisingly, no evidence has been led by them in this regard. In that view of the matter, the Claims Tribunal has rightly fastened the liability of payment of compensation upon the appellant/Insurance Company. I do not find any merit in both of these appeals warranting interference in the impugned award. 6 7. Accordingly, both the appeals stand dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet