1 2026:CGHC:22501 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1149 of 2019 1 - Magma HDI General Insurance Company Ltd. Through Chief Manager Head Office Magma House 24 Park Street Kolkata (W.B). Now Through Its Divisional Office 501-512, 5th Floor D.B. City Corporate Park Plot No. 1 And 2 Rajbandha Ground Raipur, Tehsil And District Raipur Chhattisgarh. (Insurer Of Trolly). ... Appellant versus 1 - Smt. Birsiya Bai W/o Late Balaram Aged About 38 Years R/o Gram Manjhganva, Thana And Tahsil Kota, District Bilaspur Chhattisgarh. 2 - Ku. Gaytree D/o Balaram Aged About 20 Years R/o Gram Manjhganva, Thana And Tahsil Kota, District Bilaspur Chhattisgarh. 3 - Kamlesh S/o Late Balaram Aged About 17 Years Minor, Through Natural Guardian Mother Birsiya Bai, R/o Gram Manjhganva, Thana And Tahsil Kota, District Bilaspur Chhattisgarh. 4 - Smt. Mati Bai W/o Late Ramsingh Aged About 60 Years R/o Gram Manjhganva, Thana And Tahsil Kota, District Bilaspur Chhattisgarh. (Claimant). 5 - Basanta S/o Panchram Yadav, R/o Village - Majhgaonwa, Police Station Pendra District Bilaspur Chhattisgarh. (Driver Of Tractor). 6 - Anand S/o Prabhat Gupta, R/o Jain Muhalla Pendra, Police Station Pendra, Disrict Bilaspur Chhattisgarh. (Owner Of Tractor). HEERA LAL SAHU Digitally signed by HEERA LAL SAHU Date: 2026.05.13 17:53:22 +0530 2 7 - Cholamandlam Ms General Insurance Company Ltd. Through Branch Manager - Simiran Tower, Near Choti Line Pandri Raipur Tehsil And District Raipur Chhattisgarh. (Owner Of Trolly). 8 - Sanjay Kumar S/o Gaya Prasad Dubey, R/o Village - Piparkhunti, Police Station Gourela District Bilaspur Chhattisgarh.. ... Respondents For Appellant :- Mr. Ghanshyam Patel, Advocate. For Respondents :- None. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 13/05/2026 Heard on admission. 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 18.02.2019 passed by the Motor Accident Claims Tribunal, Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 85/2016 whereby learned Claims Tribunal has allowed the claimants’ application and awarded a sum of 5,00,000/- ₹ as compensation along with interest and the liability has been fastened upon the insurance company. 2. Learned counsel for the appellant/Insurance Company would submit that the learned Claims Tribunal is absolutely unjustified in awarding a compensation of Rs. 5,00,000/- to the claimants by fastening the liability upon the Insurance Company by recording findings perverse to 3 the record and, therefore, the appeal of the Insurance Company deserves to be allowed. The Insurance Company be exonerated to pay compensation to the claimant. 3. No one appeared on behalf of the respondents. 4. I have heard learned counsel for the appellant and gone through the records meticulously. 5. In the case in hand, the Claims Tribunal, after carefully perusing the records and particularly looking to the statement of an eyewitness, namely Ramkumar Rajput (AW-3) came to the conclusion that the deceased Balram Gond was not travelling in the offending vehicle and he was standing on the road where the offending vehicle dashed him by, which he suffered grievous injuries and died. As such, the claims tribunal has absolutely justified in granting Rs. 5,00,000/- as compensation for the deceased to the claimants as per the amended Second Schedule of the Motor Vehicles Act (Section 163A) w.e.f. 22.05.2018. 6. Accordingly, the appeal of the Insurance Company is liable to be and is hereby dismissed. Sd/- (Sanjay K. Agrawal) Judge H.L. Sahu