1 2026:CGHC:17644 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 734 of 2019 1 - United India Insurance Company Limited Branch Office, Ward No.6, Shop No.05, Bagadiya Complex Akaltara, Police Station And Tahsil Akaltara, District- Janjgir-Champa, Chhattisgarh.............. (Insurer), District : Janjgir-Champa, Chhattisgarh .. Appellant (s) versus 1 - Dilsay Sahu S/o Chhatram Aged About 45 Years Caste Sahu, R/o Village Kachanda, Police Station Shivrinarayan, Tahsil Nawagarh, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 2 - Jyoti Sahu D/o Dilsay Sahu Aged About 14 Years Minor Through Natural Guardian Father Dilsay Sahu, Caste Sahu, R/o Village Kachanda, Police Station Shivrinarayan, Tahsil Nawagarh, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 3 - Arti Sahu D/o Dilsay Sahu Aged About 11 Years Minor Through Natural Guardian Father Dilsay Sahu, Caste Sahu, R/o Village Kachanda, Police Station Shivrinarayan, Tahsil Nawagarh, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh 4 - Shivani Sahu D/o Dilsay Sahu Aged About 7 Years Minor Through Natural Guardian Father Dilsay Sahu, Caste Sahu, R/o Village Kachanda, Police Station Shivrinarayan, Tahsil Nawagarh, District- Janjgir-Champa, Chhattisgarh...............(Claimants), District : Janjgir-Champa, Chhattisgarh 5 - Jagdamba Sahu S/o Puranjan Sahu Mehanda, Police Station Pamgarh, District- Janjgir-Champa, Chhattisgarh...........(Diver Of Offending Vehicle)............(Non-Applicant No.1), District : Janjgir- Champa, Chhattisgarh KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.04.17 19:00:14 +0530 2 6 - Nand Kumar Sahu S/o Doliram Sahu Aged About 54 Years R/o Tilai Ward No. 04, Police Station Janjgir, Tahsil Akaltara, District- Janjgir-Champa, Chhattisgarh............(Owner Of Offending Vehicle).............(Owner Of Offending Vehicle)......(Non-Applicant No.2), District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Appellant (s) : Mr. Raj Awasthi, Advocate. For Respondents No.1 to 4 : Mr. PK Patel, Advocate. (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/04/2026 1. The appellant/Insurance Company has preferred this Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act, 1988’) calling in question the legality, validity and correctness of the award dated 3.1.2019 passed by the Motor Accident Claims Tribunal, Janjgir, District Janjgir Champa (for short ‘the Claims Tribunal’) in Claim Case No.61/2018 by which liability to pay compensation of Rs.6,10,000/- has been fastened on the Insurance Company. 2. Mr. Raj Awasthi, learned counsel for the appellant/Insurance Company would submit that the policy was act only policy and the deceased was pillion rider, death of pillion rider is not covered under the policy and, therefore, the Insurance Company has limited liability to pay compensation. 3. On the other hand, Mr. PK Patel, learned counsel for respondents No.1 to 4 would support the impugned award. 3 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. A careful perusal of the statements of witnesses would show that neither such plea was taken nor any evidence has been led by the Insurance Company to establish the said fact. Moreover, the Claims Tribunal in para-31 of the impugned award has clearly recorded a finding that the pillion rider is also covered under the policy. 6. In that view of the matter, I do not find any merit in this Appeal, which deserves to be and is hereby dismissed. Sd/- (Sanjay K. Agrawal) Judge Barve