1 CGHC010046222020 2026:CGHC:36544 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 383 of 2020 1 - United India Insurance Company Limited Through Manager, T.P. Hub Bilaspur.Lic Building, 1st Floor, Magarpara Road, Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ... Appellant versus 1 - Smt. Jabbo W/o Santuram Aged About 40 Years R/o Village Gumda Patelpara, P.S. Geedam, District South Bastar Dantewada, Chhattisgarh, District : Dantewada, Chhattisgarh 2 - Jitendra Yadav S/o Tularam Yadav Aged About 25 Years R/o Village Karli, P.S. - Geedam, District South Bastar - Dantewada, Chhattisgarh, District : Dantewada, Chhattisgarh 3 - Sampat Lekami S/o Jogu Lekami R/o Village Ghotpal, P.S. - Geedam, District - South Bastar Dantewada, Chhattisgarh, District : Dantewada, Chhattisgarh ... Respondent(s) For Appellant : Mr. Swapnil Thawaney on behalf of Mr. P.R. Patankar, Advocate For Respondent(s) : None though served 2 SB – Hon’ble Shri Justice Sanjay K. Agrawa Judgment on Board 17/08/2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/Insurance Company against the impugned award dated 06/11/2019 passed by learned 1st Additional Motor Accident Claims Tribunal, South Bastar Dantewada (C.G.) in Claim Case No. 69/2017 whereby compensation of Rs. 6,35,000/- has been awarded in favour of the claimants and the liability of payment of compensation has been fastened upon the appellant/Insurance Company. 2. Learned counsel for the appellant submits that at the time of the accident, deceased was sitting in the Tractor as a gratuitous passenger, as such, Insurance Company would not be liable to make payment of compensation to the claimants. 3. None appeared on behalf of the respondents though served. 4. I have heard learned counsel for the appellant, considered his submissions and perused the record. 5. A careful perusal of the record would show that Dasso Poyami (P.W.-2) was admittedly eye-witness of the incident and he has clearly stated before the Tribunal that deceased was not sitting on the Tractor and he was rather standing near brick furnace, where he used to work, when respondent No. 2 herein i.e. Driver of the offending vehicle, drove the Tractor in a rash and negligent 3 manner and dashed the deceased, due to which he died on the spot. Despite being subjected to cross-examination, eye-witness Dasso Poyami (PW-2) has maintained his version, which has rightly been believed by the Claims Tribunal. As such, the Claims Tribunal has rightly held that deceased was not sitting on the Tractor as a gratuitous passenger on the basis of the statement of eye-witness Dasso Poyami (PW-2) and fastened the liability of payment of compensation upon the appellant/Insurance Company. I do not find any merit in this appeal. 6. Accordingly, this appeal stands dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) JUDGE Harneet