Authority: High Court of Chhattisgarh at Bilaspur

Order Date: 07.07.2026

Case Overview

  • Parties: Appellant – The New India Insurance Company Limited (Branch Manager, Dharmashala Road, Daltenganj, Jharkhand). Respondents – (1) Smt. Bachiya Bai (widow of Late Paltan Minj) and her children Jasnath Minj, Devnath Minj, Ramnath Minj (claimants); (2) Damodar Prajapati (vehicle driver); (3) Surendra Kumar Gupta (registered vehicle owner); (4) Smt. Pooja Tiwari (actual vehicle owner).
  • Nature of Proceeding: Appeal under Section 173 of the Motor Vehicles Act, 1988 against the award of Motor Accident Claims Tribunal (MAC) No. 1078 of 2019 dated 13.02.2019, issued in Claim Case No. 23/2017.
  • Background: The Claims Tribunal had allowed the claimants' application and awarded ₹39,08,500/- plus interest for the death of Paltan Minj, attributing liability to the insurer. The policy involved was Policy No. 54110131160100001887, covering vehicle No. J.H.03 K.9571 for the period 31/08/2016 to 30/08/2017.
  • Insurer’s Contentions: Counsel Mr. Sudhir Agrawal argued that the Tribunal incorrectly recorded the deceased’s age as 55 years (actual age 59) and that ownership of the offending vehicle had been transferred to Smt. Pooja Tiwari before the accident, thereby absolving the insurer of liability.
  • Respondents’ Position: Counsel Ms. Aakancha Vishwakarma (for claimants) and Ms. Kusum Lalchandani (for vehicle owner and driver) supported the Tribunal’s award and opposed the insurer’s prayer.
  • Court’s Observations: The Court found the Tribunal’s age determination of 55 years to be based on the evidence on record and not perverse. No specific plea or evidence regarding the alleged ownership transfer was presented by the insurer in its written statement.

Final Outcome

  • The appeal filed by The New India Insurance Company Limited is dismissed. No costs are awarded to either side.

Topics: Motor Accident Claim, Insurance Liability