Authority: High Court of Chhattisgarh at Bilaspur (Single Bench)
Order Date: 31 July 2026
Case Overview
- Parties: Appellants – Ishwerlal Soni (father), his wife Usha, and children Puja, Yogita, Ghanshyam; Respondents – Banshilal Soni (owner of vehicle, Car No. C.G. 04 KZ 8875) and I.C.I.C.I. Lombard General Insurance Co. Ltd. (insurer of the vehicle).
- Nature: Appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 17 May 2019 of the First Additional Motor Accident Claims Tribunal, Raipur (Claim Case No.163/2016) which rejected the claim.
- Claims: Claimants sought compensation for death of hired driver (Ishwerlal Soni) alleging insurer’s liability; insurer contended personal accident coverage limited liability to Rs 2,00,000 per Ex.D‑1.
- Submissions: Counsel for appellants argued tribunal’s finding was perverse; counsel for insurer argued limited liability.
Final Outcome
- The Court held that, as the deceased was a hired driver and personal accident coverage was limited to Rs 2,00,000, the claimants are entitled to that amount plus interest at 7.5% per annum from the date of filing of the claim before the Tribunal until realization.
- The insurer is directed to deposit the compensation within 45 days of this judgment.
- The appeal is therefore partly allowed to the extent specified.
Topics: Motor Accident Claim, Insurance Compensation