Authority: High Court of Chhattisgarh, Bilaspur

Order Date: 24/07/2026

Case Overview

  • Parties: Appellants – Iffco Tokio General Insurance Company Ltd (insurer of the trolley) and HDFC Agro General Insurance Company Limited (insurer of the tractor). Respondents – Claimant Tiharuram Kerketta (motorcycle owner) and associated drivers/owners (Bedilal Gond, Santosh Kumar, Radheshyam Anant).
  • Underlying dispute: Both insurers challenged the award dated 22 Sept 2018 passed by the 8th Additional Motor Accident Claims Tribunal, Bilaspur, in Claim Case No. 55/2016, which granted compensation of Rs 11,95,324 to the claimant for injuries sustained in a motor accident involving a tractor (registration CG 12 U 1890) and an attached trolley.
  • Key issues raised:
  • Iffco Tokio argued the accident involved only the tractor, not the trolley, and therefore it should not be liable.
  • HDFC Agro contended that the tractor and trolley were attached and moving together, constituting a single vehicle; it accepted liability but claimed the compensation amount was excessive.
  • Court’s reasoning:

1. The accident involved the tractor with the trolley attached; the trolley could not move without the tractor, so they are to be treated as a single vehicle.

2. Accordingly, the Tribunal’s decision to apportion liability 50% each to the two insurers is correct.

3. The compensation quantum – Rs 10,01,549 for loss of income, Rs 1,73,775 for medical expenses, Rs 5,000 each for nutritional food and transportation, and Rs 10,000 for mental agony, totaling Rs 11,95,324 – is justified given the claimant suffered fractures in his right leg and right hand and was hospitalized for one month.

4. No merit was found in either appeal.

Final Outcome

  • Both MAC No. 761/2019 (Iffco Tokio) and MAC No. 239/2019 (HDFC Agro) appeals are dismissed.
  • The parties bear their own costs.
  • The compensation award of Rs 11,95,324, with the 50‑50 liability split, remains in force.

Topics: Motor Accident Compensation, Insurance Liability