Authority: High Court of Chhattisgarh at Bilaspur (Single Bench)

Order Date: 06.07.2026

Case Overview

  • Appeal: MAC No. 1955 of 2019 filed by the State of Chhattisgarh (through the Collector, Surguja, Ambikapur) under Section 173 of the Motor Vehicles Act, 1988, challenging the award dated 24‑04‑2018 of the First Additional Motor Accident Claims Tribunal, Surajpur (Motor Accident Claims Case No. 123/2007).
  • Parties: Appellant – State of Chhattisgarh; Respondents – Devmunia (widow of the deceased), her children Laxman Prasad, Mahendra Kumar, Kumari Meena; The Oriental Insurance Company Limited; Driver Bhuneshwar Prasad Rajwade; Granodaya Deaf And Dumb School (as a respondent). Counsel for the State: Mr. H.A.P.S. Bhatia; Counsel for the Insurance Company: Mr. Shashank Agrawal.
  • Background: The vehicle was requisitioned by the Collector, Surguja, on 06‑04‑2004 and was being driven by Bhuneshwar Prasad Rajwade under the Collector’s instruction. An accident occurred on 17‑04‑2004 resulting in the deaths of Devmunia (widow) and her three minor children (ages 20, 17, 13). The Tribunal held the State and the driver liable for compensation.
  • Legal Submissions: The State argued that the Tribunal was unjustified in fastening liability because the vehicle was requisitioned, implying the State should not be liable. The Insurance Company contended that the accident involved two deaths and referenced MAC No. 1970/2019, a related case already dismissed by this Court, holding the State liable.
  • Judicial Reasoning: The Court relied on the Supreme Court judgment in District Magistrate and District Election Officer and Collector, Gwalior v. National Insurance Company Limited (2026 SCC OnLine SC 455), which held that when a vehicle is requisitioned by a public authority, possession and control transfer to the State, making the requisitioning authority liable for any accident, not the insurer or the private owner. The Court noted that the earlier case MAC No. 1970/2019 had already been dismissed, confirming State liability.
  • Observations from Tribunal Record: Paragraphs 42‑43 of the Tribunal’s award recorded that the vehicle was requisitioned on 06‑04‑2004, driven by Bhuneshwar Prasad Rajwade under the Collector’s direction, and that the accident caused direct liability for compensation.

Final Outcome

  • The appeal is dismissed. The State of Chhattisgarh remains liable to pay compensation to the victims’ family as determined by the Motor Accident Claims Tribunal.

Topics: Motor Accident Compensation, State Liability