1 CGHC010061362020 2026:CGHC:30907 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 407 of 2020 1 - The Oriental Insurance Company Ltd. Through Branch Manager, The Oriental Insurance Company Ltd. Ambedkar Chauk, Ambikapur, District Sarguja Chhattisgarh. Through Incharge, T.P.Hub, T.P.Hub Office, Rama Trade Centre, 1st Floor, Opp. Rajeev Plaza, Near Old Bus Stand, Bilaspur, Chhattisgarh. Pin 495001., District : Bilaspur, Chhattisgarh --- Appellant(s) versus 1 - Smt. Champa Devi W/o Late Shri Dwariak Gupta Aged About 39 Years R/o Village Buddhudih, Tahsil And Police Station Balrampur, District Balrampur Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh 2 - Kumari Sonamati D/o Late Shri Dwarika Gupta Aged About 23 Years R/o Village Buddhudih, Tahsil And Police Station Balrampur, District Balrampur Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh 3 - Dheeraj Gupta S/o Late Shri Dwarika Gupta Aged About 22 Years R/o Village Buddhudih, Tahsil And Police Station Balrampur, District Balrampur Ramanujganj Chhattisgarh., District : Balrampur, Chhattisgarh 2 4 - Vikas Gupta S/o Late Shri Dwarika Gupta Aged About 15 Years Minor And Represented Through His Mother And Natural Guardian Smt. Champa Devi, W/o Late Shri Dwarika Gupta, R/o Village Buddhudih, Tahsil And Police Station Balrampur, District Balrampur Ramanujganj Chhattisgarh. (Claimants)., District : Balrampur, Chhattisgarh 5 - Ramavtar S/o Nadhi Ram Koraku Aged About 32 Years Occupation Pick Up Driver, R/o Village Buddhudih, P.S. Balrampur, District Balrampur Ramanujganj Chhattisgarh. (Driver), District : Balrampur, Chhattisgarh 6 - Smt. Asha Das W/o Krishna Kumar Aged About 29 Years Occupation Pick Up Owner R/o Village Jamuadand, P.S. Balrampur District Balrampur Ramanujganj Chhattisgarh. (Owner), District : Balrampur, Chhattisgarh 7 - Mohd. Islam S/o Abdul Sakoor Musalman Aged About 55 Years Bus Driver, R/o Village Raghunathpur, Police Station Lundra, District Sarguja Chhattisgarh. (Driver), District : Surguja (Ambikapur), Chhattisgarh 8 - Mumtaj Khan S/o Shaeed Khan Aged About 43 Years Ambika Bus Owner, R/o House No. 92, Dumardih, Police Station Lundra, District Sarguja Chhattisgarh. (Owner), District : Surguja (Ambikapur), Chhattisgarh --- Respondent(s) MAC No. 418 of 2020 1 - The Oriental Insurance Company Ltd. Through Branch Manager, The Oriental Insurance Company Ltd., Ambedkar Chauk, Ambikapur, District- Sarguja, Chhattisgarh Though In-Charge, T.P. Hub, T.P. Hub Officer, Rama Trade Centre, 1st Floor, Opposite Rajeev Plaza, Near Old Bus Stand, Bilaspur Chhattisgarh, Pin- 495001, District : Bilaspur, Chhattisgarh ---Appellant(s) 3 Versus 1 - Suvachni Devi Wd/o Late Jokhan Koraku Aged About 42 Years Resident Of Village Buddudih, Tahsil And Police Station Balrampur, District- Balrampur Ramanujganj Chhattisgarh (Claimant), District : Balrampur, Chhattisgarh 2 - Anjani D/o Late Jokhan Koraku Aged About 12 Years Minor And Represented Though Mother And Natural Guardian Smt. Suvachni Devi, W/o Late Jokhan Koraku, Aged About 42 Years, Resident Of Village Buddudih, Tahsil And Police Station Balrampur, District- Balrampur Ramanujganj Chhattisgarh (Claimant), District : Balrampur, Chhattisgarh 3 - Karmi D/o Late Jokhan Koraku Aged About 10 Years Minor And Represented Though Mother And Natural Guardian Smt. Suvachni Devi, W/o Late Jokhan Koraku, Aged About 42 Years, Resident Of Village Buddudih, Tahsil And Police Station Balrampur, District- Balrampur Ramanujganj Chhattisgarh (Claimant), District : Balrampur, Chhattisgarh 4 - Ramavtar S/o Nadhi Ram Koraku Aged About 32 Years Occupation- Pick Up Driver, Resident Of Village Buddudih, Police Station- Balrampur, District Balrampur-Ramanujganj Chhattisgarh (Driver), District : Balrampur, Chhattisgarh 5 - Smt. Asha Das W/o Krishna Kumar Aged About 29 Years Occupation- Pick Up Owner, Resident Of Village Jamuadand, Police Station- Balrampur, District Balrampur-Ramanujganj Chhattisgarh (Owner), District : Balrampur, Chhattisgarh 6 - Mohd. Islam S/o Abdul Sakoor Musalman Aged About 55 Years Bus Driver, Resident Of Village Raghunathpur, Police Station- Lundra, District- Sarguja Chhattisgarh (Driver), District : Surguja (Ambikapur), Chhattisgarh 4 7 - Mumtaj Khan S/o Shaeed Khan Aged About 43 Years Ambika Bus Owner, Resident Of House No. 92, Dumardih, Police Station- Lundra, District- Sarguja Chhattisgarh (Owner), District : Surguja (Ambikapur), Chhattisgarh --- Respondent(s) MAC No. 419 of 2020 1 - The Oriental Insurance Company Ltd. Through Branch Manager, The Oriental Insurance Company Ltd., Ambedkar Chauk, Ambikapur, District- Sarguja, Chhattisgarh Though In-Charge, T.P. Hub, T.P. Hub Officer, Rama Trade Centre, 1st Floor, Opposite Rajeev Plaza, Near Old Bus Stand, Bilaspur Chhattisgarh, Pin- 495001, District : Bilaspur, Chhattisgarh ---Appellant(s) Versus 1 - Jasbina Wd/o Late Prakash Aged About 26 Years Resident Of Village Buddudih, Tahsil And Police Station Balrampur, District- Balrampur Ramanujganj Chhattisgarh (Claimant), District : Balrampur, Chhattisgarh 2 - Kunti D/o Late Prakash Aged About 3 Years Minor And Represented Through Her Mother And Natural Gaurdian Smt. Jasbina, Wd/o Late Prakash, Aged 26 Years, Resident Of Village Buddudih, Tahsil And Police Station Balrampur, District- Balrampur Ramanujganj Chhattisgarh (Claimant), District : Balrampur, Chhattisgarh 3 - Ramavtar S/o Nadhi Ram Koraku Aged About 29 Years Occupation- Pick Up Driver, Resident Of Village Buddudih, Police Station- Balrampur, District Balrampur-Ramanujganj Chhattisgarh (Driver), District : Balrampur, Chhattisgarh 4 - Smt. Asha Das W/o Krishna Kumar Aged About 29 Years Occupation- Pick Up Owner, Resident Of Village Jamuadand, Police 5 Station- Balrampur, District Balrampur-Ramanujganj Chhattisgarh (Owner), District : Balrampur, Chhattisgarh 5 - Mohd. Islam S/o Abdul Sakoor Musalman Aged About 55 Years Bus Driver, Resident Of Village Raghunathpur, Police Station- Lundra, District- Sarguja Chhattisgarh (Driver), District : Surguja (Ambikapur), Chhattisgarh 6 - Mumtaj Khan S/o Shaeed Khan Aged About 43 Years Ambika Bus Owner, Resident Of House No. 92, Dumardih, Police Station- Lundra, District- Sarguja Chhattisgarh (Owner), District : Surguja (Ambikapur), Chhattisgarh --- Respondent(s) For Appellant(s) : Mr. R.N. Pusty with Mr. Akash Shrivastava, Advocates For Respondent(s) No. 1 to 4 in MAC/407/2020 and respondents No. 1 in MAC Nos. 418/2020 and 419/2020 : Mr. Hariom Rai, Advocate For Respondent No. 6 in MAC/470/2020 : Ms. Sonali Kesharwani, Advocate For Respondent No. 6 in MAC/419/2020 : Mr. Aditya Dhar Diwan, Advocate SB – Hon’ble Shri Justice Sanjay K. Agrawal Judgment on Board 21/07/2026 1. Since all these appeals have arisen out of a common accident and since common question of law and fact is involved in all these appeals, therefore, they have been clubbed together, heard together and are being decided by this common judgment. 6 2. All these appeals have been preferred by the appellant (Insurance Company) against the impugned awards dated 15/09/2016 (separate orders passed on the same date) passed in Claim Cases No. 44/2016, 24/2017 and 25/2017 whereby learned Motor Accident Claims Tribunal, Balrampur at Ramanujganj has passed three awards in favour of the claimants of each of the case and the liability of payment of compensation has been fastened upon the appellant (Insurance Company). 3. Mr. Ratan Pusty, learned counsel for the appellant (Insurance Company), would submit that since the driver of the offending vehicle, i.e. Bus bearing registration No. CG 15 AB 0801, which was insured with the appellant (Insurance Company) has not been charged with offence punishable under Section 304A of IPC, therefore, it cannot be held that the said offending vehicle was involved in the accident in question and as such, the Claims Tribunal has erred in fastening the liability of payment of compensation upon the appellant (Insurance Company). 4. Mr. Hariom Rai, Ms. Sonali Kesharwani and Mr. Aditya Dhar Diwan, learned counsel for the respondents would support the impugned award and submit that the Claims Tribunal has rightly fastened the liability of payment of compensation upon the appellant (Insurance Company), as such, the instant appeals are liable to be dismissed. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 7 6. Learned Claims Tribunal, after a detailed discussion, has come to the conclusion that merely because the driver of the offending vehicle i.e. Bus bearing registration No. CG 15 AB 0801 was not charged with offence punishable under Section 304A of IPC and was thus not prosecuted for the same, it cannot be held that the offending vehicle was not involved in the accident in question as even otherwise, there is other sufficient evidence available on record to prove the involvement of the offending vehicle in the accident in question. In my considered opinion, the aforesaid categorical finding recorded by the Claims Tribunal is based on evidence available on record, which is neither perverse nor contrary to the record. I do not find any merit in this batch of appeals. 7. Accordingly, this batch of appeals is hereby dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) JUDGE Harneet